Former Minister of Transport and Communication Mutotwe Kafwaya has hailed the Constitutional Court’s decision to reverse the High Court’s ruling to nullify his election as Patriotic Front Lunte Member of Parliament.
The Constitutional Court on Wednesday reversed the High Court’s earlier decision to nullify the election of Mr. Kafwaya as PF Lunte Member of Parliament and declared him duly elected.
Judge Wilfred Muma last November nullified the election of Mr. Kafwaya as PF Lunte Member of Parliament after he found that losing UPND candidate Chasaya Katongo proved the electoral malpractices allegations against him.
Judge Muma, who read the ruling before a packed court in Kasama then, said there were serious issues of bribery, and corruption during the campaigns.
But in a judgment passed on Wednesday, Constitutional Court judge Anne Sitali ruled that there was no evidence on record showing that Mr. Kafwaya committed electoral malpractices during last year’s elections.
Speaking in an interview after judgment, Mr. Kafwaya declared that finally justice had prevailed in the case.
Mr. Kafwaya said he was excited over the Constitutional Court verdict passed in his favour.
He said this judgment has demonstrated true separation of powers in Zambia.
“I am happy with the outcome. It was a difficult journey I was on since I was declared winner. The battles have come to an end so it is time to go and serve the people without anyone restraining me. I also have to offer my praise to the Constitutional Court for standing on the truth. Elsewhere, I indicated that it is possible for one person to make a mistake to your disadvantage but it is very difficult for five good people, five good judges to do the same and the Constitutional Court today has proved that justice still remains in our country. So you can go ahead as a public to lose confidence in the Executive, you can also lose confidence in your elected officials but it is very difficult to lose confidence in the judiciary because that is the place of meritocracy and today it has shown,” Mr. Kafwaya said.
Mr. Kafwaya said he is looking forward to returning to Parliament to represent the people of Lunte Constituency.
The lawmaker said he will go back to Lunte Constituency to celebrate the Constituency Court verdict with the people.
“The people spoke when they voted for me and what they spoke has been upheld by the Constitutional Court. So congratulations to everyone in Lunte. I am excited I will be going back to the Constituency to celebrate with the people who already spoke anyway. About going to Parliament, it is mandatory that I go to Parliament because when the people elected me they were sending me there but the court process of course delayed my journey there. Now that the court process has been concluded I am going back to Parliament to offer what I was elected for, which is representing the people of Lunte Constituency,” Mr. Kafwaya said.
He added that the outcome of his case has shown that God makes things right at an appropriate time.
“Abantu kuti bakufyenga lelo Lesa teti akufyenge. Lesa eko aba (God exists). God is always right so even the lower court which nullified my seat I have to praise it because as you know as a leader you need to know that there is injustice sometimes. When you speak about these things you can make your own case as an example. So without that you lack that clear understanding so God always concludes things well. One good man said ’Everything that is well, ends well’, this is an example today,” Mr. Kafwaya concluded.
This is Mr. Kafwaya’s second term as Lunte MP having been elected first in 2016.
The real separation of power through indeed and congratulations to you Hon. Kafwaya.
But did we see this happening in the last regime?
Congratulations
The seats to be nullified were those in the other camp where electoral officials were rendered hopeless through intimation and where an official from PF was murdered.
Separation of powers “thank God” he said. Looks to me like HH has a new name.
I thought he is dead.
There we go. Give merit were it is due
Interesting comments. The same concourt judges Zambians were saying should go have now become heroes. Short memories