Lusambo, Malanji Win Kabushi and Kwacha Constituency Case in the Constitutional Court
By Amb. Emmanuel Mwamba
I have just obtained the Constitutional Judgement of; Joseph Malanji and Bowman Chilosha Lusambo Vs Attorney General and Electoral Commission of Zambia 2022/CCZ/0018 delivered on the Friday, 10th March 2022
I am really shocked at the extent of unethical reporting and utter propaganda churned out by the public media that Lusambo and Malanji lost the case when the Judgement of the Constitutional Court clearly is in their favour.
The public media for unknown reasons has chosen to mislead the nation by publishing a minority judgement that has no effect or cause.
What takes effect and becomes of the court is the Judgement of the majority judges.
The media, especially credible media, should never be yoked to lies and schemes of politicians.
BOWMAN LUSAMBO, JOE MALANJI WIN JUDGEMENT ON KABUSHI AND KWACHA SEATS
…
The Constitutional Court has ruled that Hon. Joseph Malanji and Hon. Bowman Lusambo were eligible to contest the Kabushi and Kwacha Constituency by-elections.
In a Judgement delivered by Justice Palani Mulonda, Justice Mungeni S. Mulenga, Justice Judy. Z. Mulongoti and Justice M. Chisunka that the applicants (Malanji and Lusambo) were not disqualified and were eligible to contest after their seats were nullified by the courts.
On page J50 of the Judgement, the judges stated that;
“In view of the foregoing, we are of the considered view, that the applicants whose seats were nullified by the High Court or this Court, do NOT fall in the category of those who cannot contest an election under article 72(4).”
“In conclusion we find that article 72(4) has specified which categories of candidates cannot contest an election and these are specified in Article 72(2) (a), (b),(c),(d), (e) and h.”
“This said, these do NOT include those members whose seats fell vacant by virture of a nullification.”
However the public media strangely proceeded to read the minority judgement of Justice Margaret Munalula who dissented to the majority judgement.
