High Court allows State to join Malanji, Lusambo petition
By Mwaka Ndawa
THE State has been granted its request to join proceedings in a matter where PF members Joseph Malanji and Bowman Lusambo have petitioned the Electoral Commission of Zambia (ECZ) for invalidating their nomination to participate in the by-election for Kwacaha and Kabushi constituencies.
High Court judges Mwape Bowa and Catherine Phiri ruled that it was important that the Attorney General be joined to the proceedings as the issues raised by the petitioners were of public interest.
The court said no prejudice would be occasioned to the parties if the Attorney General was granted a joinder as the second respondent.
Judge Bowa and judge Phiri further directed that the court will hear an application by Malanji and Lusambo for the suspension of by-elections in the two constituencies slated for September 15, 2022 pending determination of their petition on Monday at 14:00 hours.
In this matter, the duo wants the court to order that the ECZ holds fresh nominations for Kwacha and Kabushi constituencies who elections are due on September 15.
They are seeking a declaration that the decision by ECZ’s agents to decline their nomination amounts to interpreting the Constitution, which is a judicial function and is in excess of the powers given to the Commission under Section 4 of its Act.
Malanji and Lusambo want an order of certiorari to quash the decision of the ECZ’s returning officers to reject and declare their nominations invalid.
And the petitioners’ lawyer Tutwa Ngulube said: “even if the elections went on and a new MP (member of parliament) was elected for Kabushi and Kwacha, this court (High Court) has power to nullify those elections. So we are not scared, if they want they can even hold elections before or after whatever. The law is very clear; they can proceed if they want to hold the elections, they (ECZ) will just be doing nothing because this Court together with the ConCourt can nullify that election. So that’s why we are not even scared they can drag the matter all they want but these courts have power to nullify a seat and order fresh elections. And that is what gives the Zambian judicial system the teeth to bite whenever a situation actually arises.”
Makebi Zulu said he was in receipt of instructions from his clients to institute contempt of court proceedings against Minister of Justice Mulambo Haimbe for suggesting that the Constitutional Court did not decree that Malanji and Lusambo were eligible to re-contest the two seats.
“The statement that has been made by the minister are totally out of context and the fact that he is of counsel and ought to have understood exactly the import of that judgment was to suggest that the court didn’t do what it actually did is in itself misconduct of the highest order. And we are looking into the matter; we’ve taken our clients’ instructions and we will make appropriate action,” said Zulu.
Addressing jorunalists earlier today, Haimbe flouted assertions by some politicians and lawyers that the Constitutional Court in its judgment declared that Malanji and Lusambo were eligible to re-contest the Kabushi and Kwacha seats which fell vacant after their election in the August 12, 2021 general elections was declared void.
He said the court did not order the ECZ to conduct fresh nomination in the two constituencies, but only pronounced that a nullification is not rival to a disqualification.