ISAAC MWANZA WROTE
Nullification of Hon. Malanji’s Kwacha Seat Unfair
I have read the Judgment in the Malanji case in which the judge nullified his election. The judge made an assumption and not a finding of fact that Hon Malanji had no Grade 12 Certificate because he did not go to length to prove that he has. He didn’t need to. The duty to prove rested with the Petitioner.
Essentially, the judge placed the burden of proof on the Respondent and not the petitioner. Even when the Respondent (Malanji) answered affirmatively during Cross examination that he had the Grade 12 Certificate, the Petitioner didn’t bother to prove that he didn’t have.
Essentially, the finding by the judge is not based on proof by the Petitioner but on Hon Malanji not having gone with Certificate to Court, which he didn’t need to. This case is the easiest one can deal with on appeal.
Hon Malanji and Hon. Bowman Lusambo are out of Parliament only for this weekend till Monday, days Parliament doesn’t seat anyway but soon as they file the appeal, most likely on Monday, they are back in Parliament on Tuesday until when the appeals are determined by the ConCourt. There is no time limit for determination of appeals. It depends on several factors.
By Isaac Mwanza