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Kabushi, Kwacha by-elections to delay further

THE Court of Appeal has sustained the stay of proceedings in the High Court until determination of the appeal in which the State is contesting the lower Court’s decision to determine the election petition by Bowman Lusambo and Joseph Malanji instead of referring the matter to the Constitutional Court.

This follows the Court of Appeal’s ruling granting the State leave to appeal against the lower court’s ruling of September 15, 2022 in which they proceeded to determine the election petition where the duo are challenging the rejection of their nomination papers in the Kabushi and Kwacha by elections.
The two former MPs also want the High Court to declare them eligible to contest the by-elections and an order for fresh nominations.
The High Court was on September 20, 2022 expected to render its judgement.
But the panel of Court of Appeal Judges who included Mr Justin Chashi, Mr Mwiinde Siavwapa and Mr Kelvin Muzenga granted the State leave to appeal and set October 20, 2022 as date of hearing of the appeal.
In an intended appeal to be filed today in the Court of Appeal, the State has raised three grounds.
The State contends that the High Court erred in law and fact when making a determination on the interpretation of the Constitution as opposed to referring the matter to the Concourt under article 128(2)(b).
It argues that the lower Court erred in law and fact in holding that it had jurisdiction to deal with the petition when the issues in the petition are outside the scope of article 52(4) of the Constitution.
During hearing, Mr Lusambo and Malanji’s lawyers Mr Makebi Zulu, Jonas Zimba and Mr Tutwa Ngulube urged the court to discharge the stay to allow the High Court to render its judgement on the petition, then the State could appeal if dissatisfied.


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