By Enock Kademaunga
MANDEVU UPND losing candidate Aaron Mulope has appealed the High Court’s decision that held his PF counterpart Christopher Shakafuswa as dully elected member of parliament.
Malope petitioned the election of Shakafuswa citing violence and other illegal practices which allegedly characterised campaigns in the constituency.
But on November 19, 2021, in the petition judgement, justice Derrick Mulenga held that Shakafuswa was duly elected.
Dissatisfied with the judgement, Malope has filed a notice of appeal on 10 grounds in the Constitutional Court.
He said the judge erred in law and fact when he held that Shakafuswa was duly elected.
Mulope said the judge misdirected himself when he failed to attach appropriate weight to the petitioner’s witness’ evidence.
He said the judge erred in law and fact when he prohibited the petitioner from calling additional witnesses to give evidence on matters generally pleased on the petition, yet the said evidence was relevant to the matter in dispute.
“The trial judge misdirected himself when he held that Shakafuswa, campaigning during the ban, did not affect voters from electing the candidate of their choice. The trial judge erred in law and fact when he failed to consider that the documentary evidence Shakafuswa relied upon was hearsay,” he said.
Mulope said the trial judge misdirected himself when he held that it was inconceivable that Shakafuswa was displaying a PF party symbol at Matayela polling station because ZNBC was recording him as he cast his vote.
He said the judge also misdirected himself when he held that Shakafuswa’s alibi was easily verifiable because the PF virtual rally was beamed on many TV stations when the respondent himself failed to present any evidence to confirm his attendance at the same.
“The judge erred in law and fact when he made contradictory findings of law and fact in favour of Shakafuswa. The judge erred in law and fact when he held that the Electoral Commission of Zambia (ECZ) conducted the elections in compliance with the law and yet there was evidence of multiple flaws in the conduct of the elections by ECZ,” submitted Mulope.- The Mast