JOE MALANJI LOSES KWACHA SEAT, COURT SAYS HE DID NOT POSSESS GRADE 12 CERTIFICATE AT THE TIME OF HIS ELECTION!
By Mwaka Ndawa
THE Constitutional Court has affirmed the decision of High Court judge Kazimbe Chenda to declare Joseph Malanji’s election as Kwacha Constituency PF member of parliament void for not possessing a grade 12 certificate during his re-election
Constitutional Court vice-president Margaret Munalula on behalf of the majority ruled that judge Chenda cannot be censured for determining Malanji’s eligibility to contest in the August 12, 2021 general elections as he did not possess the requisite academic qualification when filing in nomination papers in line with Article 70(1)(d) of the Constitution.
She said Malanji had a chance to prove that he had the school certificate (Form 5) at the time of his re-election but did not do so neither is there evidence on the record of appeal.
Judge Mungeni Mulenga has dissented the decision of the majority.