KABUSHI, KWACHA LEGAL BATTLE DEEPENS
By Rhodah Mvula
Lawyer Tutwa Ngulube says the Court of Appeal has no jurisdiction to hear matters related to election nominations.
On 16th September, the Court of Appeal stayed judicial review proceedings before the High Court in a matter in which Mr. Bowman Lusambo and Mr. Joseph Malanji are challenging the decision of the electoral body to reject their nominations for Kabushi and Kwacha by-elections.
Commenting on the Ex parte Order granted to the State and ECZ to suspend proceedings before the High Court, Mr. Ngulube says proceedings before high court have been concluded and his clients are waiting for judgement to be delivered in the matter.
He says his clients will challenge the Ex parte order granted to the State so that it is set aside.
The Attorney General and Electoral Commission of Zambia have cited Joseph Malanji and Bowman Lusambo as respondents in the matter.
The State and ECZ want the court of Appeal to determine Article 52(4) of the Constitution on how a nomination of a candidate can be challenged and the decision of ECZ returning officers to reject the nomination of the respondents.
The court of Appeal has set 22nd September 2022 for the Interparty- hearing.- Diamond TV