KWACHA Member of Parliament Hon Joseph Malanji has appealed to the Constitutional Court against the nullification of his seat.
According to a Memorandum of Appeal filed in the mentioned Court, the Lawmaker appealed the ruling on 10 grounds among which is that Lusaka High Court Judge Kazimbe Chenda erred both in law and fact in declaring his election void on account of eligibility.
He added that the Judge erred when he held that Hon Malanji did not hold a Grade 12 Certificate when in fact he did.
“The court erred in both law and fact when it shifted the burden of proof from the petitioner to the respondent by holding that the onus is in the 1st Respondent (Hon Malanji) to produce a G12 Certificate when he knew or ought to have known that he who alleges must prove.
“The learned trial court contradicted himself in holding those elections were in conformity with the electoral law but isolated the issues of nomination as not part of the electoral process….the learned trail judge erred in both law and fact in holding that the petitioner has discharged its burden above the simple balance of probability on the issue of eligibility when the petitioner did not lead any evidence at all on this issue,” he stated in grounds three, four and five.
Judge Chenda nullified the seat on Friday last week on grounds that Hon Malanji, alias Bonanza, has no minimum qualification to contest parliamentary elections pursuant to article 70 sub-article one clause “D” of the constitution.
This followed a petition from United Party for National Development (UPND) losing candidate Mr. Charles Mulenga. But the Judge dismissed Mr. Mulenga’s compounded grounds relating to malpractice on account of lack of merit.
These judges are scared stiff of the invisible hands. Luckily enough we still have some with strong backbone.
It’s the right thing to do, I wish him well
This one was ma jealousy chabe, they know he can afford to pay for expensive lawyers. That judge should be struck off for waiting tax payers money if this case will be overturned. Smells a bit fishy this one.
We will vote for you Joe Malanji. This country is heading for rough times under the new dark government.
Instead of working and fulfilling campaign promises, the new dark government has engaged in activities that will not profit the people that voted for them.
So this man has no grade 12 certificate and wants the judge to overlook that, with the new dawn everything will be scruitnized including those gotten from Matero or Katondo street maybe Deja Vu can help Malanji craft a G12 certificate.
#5 Scrutinize what? Have you read the story in full or you are just being malicious? If you say that you are scrutinizing everything how come one of your advisors has a faked CV. And what about cadres appointed as DCs and PSs. Scrutinizing my foot!
He comes from a party that is very arrogant and stubborn, not surprising that he is appealing, And the leadership of this party pretends not to know that their followers don’t want them, the followers have made it succinctly clear that they don’t want Lubinda, Kambwili, Nakachinda or Malanji. Look at young foreign Affairs Minister Stan Kakubo giving economic stats yesterday of Zambias trade engagements with DRC, and off his head, very impressive, we never saw that from Malanji or Kalaba. HH has really raised the bar
PF is just a bunch of jokers and I am beIng truthful because I am PF myself. We did a lot of disservice to Zambians, but we are deceiving ourselves that we delivered but arrogance pushed us out, will we ever learn
what is this? IS the news written by Malanji with his fake grade 12 certificate? What do they mean by “learned trail judge”? Trail and Trial don’t mean the same. Please try to use google sometimes.
He has no grade 12 certificate. Period.
Corruption was used to overloook that, who ever facilitated this at ECZ needs to be charged……..
He needs to be charged if he used a fake certificate………
PF were a complete criminal organisation from top to bottom and everything I between was corrupted………..
Let milanji produce his form 5 certificate if you are arguing……
And so he should. Upnd you won’t manage to get rid of my party pf. Me I have strong powers from Malawi. You will just die
This man really spent big towards the elections period. I remember him donating a Mercedes Benz to a Catholic Priest at one of the Catholic Churches in Kitwe.
Losing candidate petitioned on issues related to malpractice and Hon Malanji was cleared on all counts. Then the learned Judge decides on his own to add the G12 issue that was not in the petition, did he have a biased interest in the case in the first place? Can someone take this matter to the Judicial complaints committee because such behavior should not be tolerated, these are people entrusted with dispensing justice and if they begin to take sides, we are in trouble…Hon Lusambo lost his because people called him bulldozer and based on this, the learned Judge nullified the election and we have to spend billions to re-run an election that will still be won by Lusambo- this is so confusing
Unfortunately he will win at the Concourt because the judges there were appointed by the most corrupt and incompetent president this country has ever had Edgar China Lungu. One thing is very sure though: he hasn’t a grade 12 certificate, otherwise he would have shown it at the press briefing. Journalists asked but he refused: evidence enough that he has NOT got it. But he is probably very happy that he has at least ONE supporter: the stup!d KZ is on your side! Now, THAT is a great help! I would rather have Judas as a friend!
#11 John Phiri everyone spent something in the last election of course at different magnitudes depending one’s capacity. At a pub I was ” lucky” to be there when a Upnd candidate came in. He bought us drinks. Next came an independent. He did the same.. one round and he left. Then came the PF candidate… bought us three rounds. Maybe buying more than your competition is more corrupt?
As you claim to be comfortable why don’t you think of retirement.you have served for
So long and you can pave way for others
And save courts time.They say leave the podium when people are still clapping.Here
We still fighting to remain in power.
#14 Deja Vu
November 24, 2021 At 10:30 am
“#11 John Phiri everyone spent something in the last election of course at different magnitudes depending one’s capacity. At a pub I was ” lucky” to be there when a Upnd candidate came in. He bought us drinks. Next came an independent. He did the same.. one round and he left. Then came the PF candidate… bought us three rounds. Maybe buying more than your competition is more corrupt?..”
If that PF candidate is a former GRZ official with access to tax payers money and before joining GRZ was stone broke …..
Yes , good call for corruption…………
#15 Moto
November 24, 2021 At 11:22 am
“As you claim to be comfortable why don’t you think of retirement.you have served for
So long and you can pave way for others
And save courts time.They say leave the podium when people are still clapping.Here
We still fighting to remain in power…”
As lusambo says , they know the corruption going on……….
Easy money to be made through stealing tax payers money……….
98 % of the PF businessmen can not survive out of GRZ………..they know it , we know it…..
#16 Spaka… I am beginning to doubt if you’re actually human or a robot. Corruption is corruption whether the money being used is GRZ or personal. Bottom line is YOU ARE BUYING VOTES. If I vote for you because you gave me something A BENZ CAR OR A GOAT, doesn’t matter it’s remains vote buying. In the olden days those who stole little money got longer jail terms than those who stole more.
Baba where is your g12 certificate??were you graded six or better??…this will end in a very embarrassing way for this dull creature.. and these are creatures who should be compared to former us president trump not HH7
We the common Zambian citizens do not want you to waste our time talking about your personal interests however we want the economy to rebound.
People are not going to eat parliament they want low prices on essential commodities and not nullifying parliamentarian seats.
Please give us a break we want to work you have shifted everything from what people voted to something un necessary .
Please go to work and improve this bad economy.
Just an advise to some of the dull bloggers, in the old days and am sure even now, some parents would take their kids to College and even University even before the child write the useless G12 with David Livingstone as part of the syllabus. Today we have very good Doctors, Teachers etc without the useless G12 certificate that most of you only have . It was a careless mistake for people like Mwaliteta to have voted for change in Electral law to compel a candidate to have a G12 cert before standing when he himself doesn’t even have a G7 cert. By the way, Hon Malanji was a big bussinesman even before he joined Govt……Nipano tuli, abakaso abaisa nomba to ran Govt affairs…….even to spend the Govt money on Govt projects kukabfye akaso keka keka kwati ukobafuma abantu bakaso.
He has every right to appeal as long as he has a genuine grade 12 certificate. In that case if there are no other issues he is likely to get his seat back.
I am so verg extremely ashamed of this shambolic Government and cheenda.
What a bunch of biased barrister.
Undoing an election result should not be that easy with such unconvincing evidence. These are ballyvirus judges just.
Malanji is going nowhere.
Sue these gullibles for defamation and set that example.
Ndeloleshafye. How does a judge clear the petitioned on the issues raised in the petition and then decides to add his own grounds not mentioned in the petition?