Court of appeal hammers final nail in Lusambo, Malanji by-election coffin
THE COURT of Appeal has hammered the final nail in the coffin of Bowman Lusambo and Joe Malanji’s bid to return to parliament after their elections were nullified last November.
Since the nullification of their seats on account of violence, bribery lacking Grade 12 certificate, the duo vowed to retain their seats but the Electoral Commission of Zambia rejected their nominations leading to the postponement of the by-election after they took the matter the court.
After a tense legal battle, the Court of Appeal has turned down the request by former Kwacha Constituency member of parliament Joseph Malanji and his counterpart Bowman Lusambo stop the Electoral Commission of Zambia from conducting elections in Kwacha and Kabushi Constituencies tomorrow.
Judges Justin Chashi, Mwiinde Siavwapa and Kelvin Muzenga said their hands were tied as Malanji and Lusambo were asking a wrong court to bar the electoral body from conducting elections in the two constituencies slated for October 21,2022.
The trio explained that they only stopped the High Court from rendering its decision in the main matter pending an appeal by the State over the lower Court’s refusal to refer the matter to the Constitutional Court for a determination of constitutional questions it raised, therefore they cannot issue another order staying the by-election when the same was already effected by the High Court.
This was after Malanji and Lusambo’s lawyers opposed the court’s decision to have the matter adjourned on reasons that there was a notification that the Attorney General and advocates from his chambers would not attend to cases that require his input as they were attending an arbitration course organised by the Chartered Institute of Arbitration.
Tutwa Ngulube and Makebi Zulu demanded that the matter be heard today as the ECZ was undermining the Courts to proceed with elections when a court order restraining it from holding elections in the two constituencies was still in force.
They said the adjournment sought by the State was a calculated move to facilitate the elections to go ahead.
However judge Chashi said the ECZ had already announced a fresh date for elections and granting another order suspending them would be of no effect as the High Court was the right forum to address the issue.
He added that the Court will still determine the matter on October 28 even though the by-election will go ahead tomorrow.
Kalemba