By NATION REPORTER
HEARING of Munir Zulu’s application on whether or not the Constitutional Court should review its decision not to allow him file heads of arguments out of time, pending judgement in the Lumezi Parliamentary election petition has been set for August 29, 2022.
The ConCourt dismissed the petitioner Zelipa Chisulo’s application in opposition on account that the arguments she raised were similar to those in the affidavits before the same court.
Thus, the court ruled that entertaining such an application was a wastage of its time and urged parties in the matter not to raise motions likely to delay the delivery of judgement.
Ms Chisulo, a losing independent candidate in the 2021 Lumezi Parliamentary elections had contended that the ConCourt like the Supreme Court cannot review its decisions unless on exceptional circumstances.
But Mr Zulu argued that in line with article 118 (2), justice must be served without undue regard to procedural technicalities.
On May 20, 2022, the ConCourt had dismissed Mr Zulu’s application to file heads of arguments out of time.
In this matter, three losing candidates for the Lumezi Parliamentary elections alleged that Mr Zulu does not possess a Grade 12 certificate, thus, his election should be quashed.
The trio are Gertrude Pilila Jere of the Patriotic Front, United Party for National Development’s Macdonald Phiri and Ms Chitsulo.
According to a Memorandum of Appeal out of time filed in the Constitutional Court, Ms Jere contended that the High Court sitting in Chipata in its judgement dated November 21, 2021 erred in law and fact by declaring Mr Zulu as the Lumezi independent Member of Parliament because he did not possess the requisite Grade 12 certificate to make him eligible to contest the elections.
She also stated that the court erred in law and fact when it held that there was no evidence that the respondent was or his agents were involved in the donation of some materials to entice voters.
The three had petitioned the High Court to quash the election of Mr Zulu.
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