By GRACE CHAILE LESOETSA
DISSATISIFIED with the High Court’s decision that declared PF’s Christopher Kang’ombe was the duly elected Kamfinsa Member of Parliament (MP), losing candidate Subeta Mutelo has turned to the Constitutional Court challenging the outcome of the petition.
Last month Kitwe High Court Judge Abba Patel dismissed Ms Mutelo’s petition against Kang’ombe on her failure to prove the allegation of electoral malpractice.
Ms Mutelo of the ruling UPND alleged that electoral violence , corruption and bribery had influence on the outcome of the results.
She has since raised seven grounds of appeal among them that the lower court erred in both law and fact when it held that she had failed to prove the allegations of Mr Kang’ombe giving out mealie meal to Kamfinsa Prison to solicit for votes by himself or with his knowledge to high degree of convincing clarity.
The applicant stated that the High Court erred in both law and fact when it held that she failed to prove the allegations against the Electoral Commission of Zambia (ECZ) notwithstanding the provided evidence of missing Gen 20 forms , illegible Gen 20 forms ,providing the said forms and severe irregularities in the Gen 20 forms and the record of proceedings.
Ms Mutelo stated that it was an error of fact and law for the court that the voters were not prevented from voting for their preferred candidate contrary to the evidence on record placing illegalities in all four wards of the constituency.
Author
