FIVE CONCOURT JUDGES ABANDON KABUSHI – KWACHA APPEAL CASE
…source reveals that State House instructed ConCourt judges not to overturn the High Court ruling over Lusambo, Malanji
By Fox Correspondent
FIVE Constitutional Court Judges have recused themselves from hearing the appeal case in which the Kabushi by-elections have been petitioned following the Constitutional Court Judgement that Bowman Lusambo and Joseph Malanji were eligible to contest the election but instead the Electoral Commission of Zambia barred them.
Those that have recused themselves are Judge Martin Musaluke, Judge Annie Sitali, Judge Palani Mulonda, Judge Mungeni Mulenga and Judge Judy Mulongoti.
The source has disclosed that with this action, only the newly appointed judges will hear and preside on the matter when it comes up.
According to the source, State House had issued instructions to the Constitutional Court judges to ensure that the appeal over the Kabushi and Kwacha parliamentary seats did not succeed.
When the appeal hearing came up on Tuesday morning, all parties including Journalists were ordered leave the court room and judges remained for a prolonged period where they were informed about the instructions from State House.
The Sources said the Bench was informed about the instructions not to overturn the High Court decision to declare both Bowman Lusambo and Joseph Malanji ineligible to participate in the by elections.
The source said it was clear that State House did not want to see Lusambo and Malanji on the ballot paper in Kabushi and Kwacha elections respectively.
The instructions caused the division with five Judges threatening to recuse themselves from handling the appeal case on professional grounds.
The sources disclosed that Judge Martin Musaluke, Judge Anne Sitali, Judge Palan Mulonda, Judge Mungeni Mulenga and Judge Judy Mulongoti are the five that threatened to abandon the appeal hearing.
The sources said the five Judges hold the view that the Kwacha and Kabushi elections were void.
They said it will be suicidal for them to go against their earlier ruling that nullification of a seat does not amount to disqualification of a candidate.
The High Court sitting in Ndola failed to preside over the matter conclusively and referred all questions that the aggrieved parties presented to them to the Constitutional Court.
The Constitution Court had earlier ruled that nullification does not constitute disqualification making it difficult for the High Court to pronounce itself on the matter.