PF SCORES AGAIN
By GRACE CHAILE LESOETSA
THE Constitutional Court has reversed the High Court’s nullification of the Nakonde Parliamentary election and declared Luka Simumba of Patriotic Front (PF) the duly elected candidate.
According to the August 12,2021 Nakonde Constituency results, Mr Simumba polled 22,384 votes while Simon Simwanza of UPND got 16,826.
In the judgement of the Constitutional Court delivered on Friday by Justice Mathew Chisunka, set aside the decision of the lower court on the basis that UPND losing candidate Mr Simwanza did not prove to the required standard that Mr Simumba had knowledge of,and consented to or approved the alleged acts of intimidation and violence in the wards of Old Fife Ikumbi and Nakonde.
The court held that the UPND candidate had also failed to provide contingent evidence that the alleged intimidation and violence in the said wards prevented the majority of voters from choosing their preferred candidate.
Justice Chisunka said the number of registered voters in the wards in contention was not greater than those in the remaining wards of the consistency,thus did not meet the two-third majority.
Mr Simumba in his appeal stated that High Court Judge Bonaventure Mbewe erred in both law and fact when without any evidence on record held that he had knowledge and consented or approved to the violence perpetrated in Old Fife, Ikumbi and Nakonde Constituency.
He said there was no evidence to prove that the violence in Nakonde Constituency was widespread and voters in the three wards prevented the electorates from voting for their preferred candidate. – Daily Nation