The Constitutional Court has ruled that both former Kabushi Member of Parliament Bowman Lusambo and the former Kwacha Member of Parliament Joseph Malanji are eligible to recontest their former seats.
In passing judgment on a matter in which Mr Lusambo and Mr Malanji challenged the Electoral Commission of Zambia (ECZ) decision to reject their nomination on the basis that they are not eligible to recontest their seats for having caused a vacancy in the National Assembly, Judge Palan Mulonda who presented the majority decision cited that the Constitutional Court ruled that the nullification of the duo’s elections did not amount to disqualification as Article 72 (2) distinguishes the difference between nullification and disqualification which cannot be used interchangeably.
Judge Mulonda ruled that candidates whose seats have been nullified are eligible to stand as the Constitution specifies the circumstances under which candidates are disqualified from taking part in an election.
“The Court stressed the difference between nullification and disqualification, citing that a nullification does not cause a disqualification,” Judge Mulonda cited
And Speaking after the judgement, Makebi Zulu one of the Lawyers representing both Mr Lusambo and Mr Malanji stated this judgment rules the fact that the days of impunity are over, hence the Electoral Commission of Zambia should not have taken it upon themselves to interpret the law that was settled very clearly in the case of the Law Association of Zambia vs the Attorney General.
Mr Zulu added that the Commission chose to ignore the guidance that was given by the Court in that case and instead made their own decision, as they have no power to do so.
“The best, they should have done was to inform the people of Zambia to say they do not understand this clause and they are going to query for an interpretation at the Constitutional Court in the manner that we did,” Mr Zulu said
“In doing this we knew very well that our clients were on firm ground even when they went to file their nominations, we knew they were on firm ground. However, following on that decision the Returning Officers decided to mislead themselves by taking a wrong position to be a right position,” Mr Zulu added
Mr Zulu explained that they have been vindicated that someone is controlling the Electoral Commission of Zambia by giving them wrong opinions on what the law is but today the Constitutional Court has settled this matter.
Mr Zulu noted that both Mr Lusambo and Mr Malanji will be back on the ballot, as they will fight to the end until they appear on the ballot because the Court has made it abundantly clear that the duo qualifies to recontest their seats.
Meanwhile, PF Acting President Given Lubinda has expressed gratitude over the outcome from the judgment as this has now clarified a matter that has been vexing a lot of people, and today the law has been clarified that a nullification does not amount to a disqualification of a candidate.
“As a party, we wanted to remain loyal to Lusambo and Malanji despite the naysayers because right from the start we were very firm that the two qualified to be on the ballot paper in Kabushi and Kwacha respectively,” Mr Lubinda said
Mr Lubinda thanked the Electoral Commission of Zambia for showing up Court to listen to the judgment passed, and he has since called upon the Commission to do what the Constitutional Court has directed in ensuring that they put both Mr Lusambo and Mr Malanji back on the Ballot paper for Kabushi and Kwacha Constituencies respectively.
“An injury caused towards any member of the PF is an injury caused to all members of the PF, and there was no way we were going to abandon Malanji and Lusambo simply because ECZ wanted them to be disadvantaged, we have proved that we shall stand by our members, come rain, come sunshine,” he said
Mr Lubinda has since demanded that the two candidates are given enough time to campaign because they were denied the opportunity and the Commission should therefore, notify the country that they have postponed the holding of the By-Elections in Kabushi and Kwacha in order to give the duo sufficient time to go and dialogue for votes.
“We saw the Vice President talking to people and going to kneel down before Pastors, going to expose how this government cannot even attend to sewer lines, she was doing that to campaign at the disadvantage of Malanji and Lusambo,” he said
“Today, God has answered our prayers as the Court has delivered very sound judgment and I don’t mind about the descending judgment, the judgment that has been given down to us today by the Court, is the judgment that will stand the test of time and will clarify things so that never again should ECZ pass the powers of the Constitution as they don’t have that power whatsoever,” he added
Mr Lubinda has since commended their team of lawyers for handling this case exceptionally and he also thanked the PF Central Committee for the decision they made to adopt both Mr Lusambo and Mr Malanji to recontest in their nullified seats.
“It’s now time for every member of the PF to put on their boots and go to Kwacha and Kabushi to ensure that we drum up support for our two candidates and show others that their tactics to have us not take part in the By-Elections has failed,” he stated
Yesterday, during the hearing, lawyers representing Mr Lusambo and Mr Malanji argued that ECZ had overstepped its mandate to bar the duo from filing nominations.
Their lawyer, Tutwa Ngulube in his argument stated that ECZ cannot just wake up and make a set of disqualifications for a certain group of candidates as it diffuses National values.
He said the impunity by ECZ contravened the provisions of the constitution and that the Commission overstepped its boundaries.
And Makebi Zulu who was also representing the duo, suggested in his arguments that ECZ did not understand Article 72 (4) as they failed to distinguish between a nullification and a disqualification.
Mr Zulu contended that the Article was misapplied, misinterpreted and an injustice.
However, the State in its arguments through the Solicitor General Marshall Muchende stated that the best decision was to dismiss the matter in totality.
Mr Muchende added that it was important to mention that Article 72 (2) b and h did not require the court to expressly state that a member was disqualified.
Mr Muchende cited that in the context, becoming disqualified is a metamorphosis and not a result of expression decree of the court and that the word disqualified is capable of assuming different things in terms of causality.
Sounds like an empty celebration by the PF… the elections are next week,your candidates are NOT on next week’s ballot papers….the ship has sailed without you Malanji and Lusambo….
I told you weeks ago that my two brothers would stand. You called me names and insulted me. Today I have been exonerated. You cannot bring great men down. POBO. My work on the ground continues. Upnd you know what lies ahead. You will know what large margin means. Don’t eff with me. I am CIA 1
Grow up! Zambia looks like a joke because of immature fools like you!
Congrats !
Now get down to work, without mudslinging and blaming ECZ, it’s not too late to catch up,
general KANENE @3
You are a f.o.o.l. Read your post below. You come here all the time pretending to be clever.
general KANENE September 1, 2022 At 5:09 pm
@Moonga,
Why are you being brainwashed by making you believe that this is UPND persecution? That is what is wrong with you Zambians, you take everything politically and ignore your LAWS because you suspect political foul in everything.
You have gone to an extent of ignoring your Electrol Law. It’s not UPND who nullified the election, it was the high court and upheld by the Concourt. The judges involved in that decision both Highcourt and Concourt were NAMED by ECL, a PF DIE HARD. So, why suddenly, you fail to grasp the fact and start dancing to PF music? No one should be above the law.period.
general KANENE @ 3
YOU ARE A F.O.O.L. MOONGA@ WAS RIGHT TO CALL YOU CHILDISH. YOU ARE SPINELESS. READ YOUR COMMENTS BELOW
7.1 flag general KANENE September 1, 2022 At 5:09 pm
@Moonga,
Why are you being brainwashed by making you believe that this is UPND persecution? That is what is wrong with you Zambians, you take everything politically and ignore your LAWS because you suspect political foul in everything. You have gone to an extent of ignoring your Electrol Law. It’s not UPND who nullified the election, it was the high court and upheld by the Concourt. The judges involved in that decision both Highcourt and Concourt were NAMED by ECL, a PF DIE HARD. So, why suddenly, you fail to grasp the fact and start dancing to PF music? No one should be above the law.period.
general KANENE @3
YOU ARE A F.O.OL MOONGA@ WAS RIGHT TO CALL YOU CHILDISH. YOUR ARE SPINELESS. READ YOU COMMENTS BELOW.
7.1 flag general KANENE September 1, 2022 At 5:09 pm
@Moonga,
Why are you being brainwashed by making you believe that this is UPND persecution? That is what is wrong with you Zambians, you take everything politically and ignore your LAWS because you suspect political foul in everything..You have gone to an extent of ignoring your Electrol Law. It’s not UPND who nullified the election, it was the high court and upheld by the Concourt. The judges involved in that decision both Highcourt and Concourt were NAMED by ECL, a PF DIE HARD. So, why suddenly, you fail to grasp the fact and start dancing to PF music? No one should be above the law.period.
general KANENE @3
YOU ARE A *DEEEKHEAD WHO PRETENDS TO HAVE BRAINS
MOONGA@ JUST EXPOSED YOU 2 DAY AGO. YOU DO NOT KNOW WHERE YOU STAND. TODAY YOU SAY GET DOWN TO WORK FOR ELCTIONS ITS NOT TOO LATE. THIS IS ANOTHER OF YOUR POST BELOW, WHERE YOU APPEAR LUSAMBO TO GO DOWN FOREVER. YOU ARE SO EVIL.
general KANENE September 1, 2022 At 2:34 pm
LOCK HIM UP and THROW the keys in the SEWAGE. chapwa.
His funs are having diarrhoea, now.
@ Zambia Today = @ Moonga
I NORMALLY, never INSULT Bloggers and I NEVER RESPOND to FU.U.LS like you. Several times you have APPEARED HERE only to insult OTHERS, you have INSULTED ALMOST ALL THE GOOD BLOGGERS HERE. WHAT GIVES THAT RIGHT, YOU IMB.EC.ILE !. STOP HARRASSING PEOPLE HERE, AND ENJOY YOUR MISERABLE LIFE,
IF YOU WANT TO DEBATE, LET’S ARGUE IN A CIVILIZED MANNER, BUT DON’T COME HERE DISRESPECTING ME.
Ati VP for Research & Dev at Silicon Valley !! F,UUCK YUUUU….You are just a S.O.N of A BYTCH, nothing more and nothing less !!. WHY hiding under different AVATAR? I made a mistake to respond to your article, take it and go scrab your AZS with it, You D.U.MB
Zambia Today # 3.1
STOP using different proxy connections and my (pseudo name or avatar). I can speak for myself. I don’t come to lusakatimes to start fights but to address facts. Insults are a sign of lack of intelligence. Though I can see where you are coming from. It was a very political & flimsy disqualification and justice has prevailed. UPND just to make sure their candidate beats Lusambo.
Had this judgement been delivered on the date the petition was filed or within a few days it could have saved the nation a lot. We’re now back to square 1. Who’ll answer for the cost of the wasted resources? Let’s be conscious of the cost of our actions on the nation. We seem not to learn. I advise the UPND to concentrate on service delivery and not cause unnecessary by-elections
This matter was poorly handled by ECZ from the time they made that announcement before these two clowns filed their papers…ECZ has lawyers who are paid handsomely..I would be very surprised if they have not been fired.
Fuseke iwe. F00Iish mongrel haha. The truth is there for all to see. You have too much for anyone in opposition who is not part of your tribal cult
‘Time to canvas for votes?’ Didn’t Lusambo boast that he does not need to campaign in Kabushi?
Deja Vu your friends can stand I am sure the free drinks will flow tonight in CB all thaks to the taxpayer these thieves stole from.
They are not my friends and I don’t touch alcohol….at least Malanji was my junior in Secondary School.
Shouldnt the ECZ be punished for wasting our precious time? Some of us knew they were being political. These two guys are a test for UPND butthey see them as threats. Someone probably with connections to Community House, was ordering them to act like that.
Sometimes I wonder why wild animals are better organized than Zambians. There’s order and routine in the world.
Ba Upnd are armatures at the dirty game. Their candidates had even relaxed because there’s not going to be real competition.
In 1991 the MMD won 125 seats out of 150 but they were still not satisfied. They wanted to obliterate UNIP. They forced 12 by-elections out of which they won 5 and UNIP 7. FTJ got scared about the prospect of KK and UNIP bouncing back, he decided to amend the Constitution to bar KK. In 2011 the PF defeated the MMD and again we witnessed an unprecedented number of by-elections under MCS. 2021 the UPND defeated the PF and we have began to witness unnecessary by-elections. Politicians don’t learn because they are brainless iidiiots.
Much3nd3 lied, Hattonery General lied Hand Hupnd lied.
If you got b’lls just beat Malanji and Lusambo on the ground, yes at the ballot. HECZ lied but why the rush? The HECZ is now being used like the HACC.
Meanwhile they are celebrating the HIMF and the ‘Wild’ Bank state capture with more debt and more debt. I hate the HIMF and their counterparts the ‘Wild’ Bank with passion.
What kind’a this debt that rhymes with our very own Electoral calendar?
Mulungu adzaweludza siku lina.
Ok, so Malanji does have a valid G12 certificate after all, right? Because my understanding is that that’s the reason his election was nullified. Yet ECZ told us that he can’t recontest the election because of the judgement of the Superior Court (or is it the Supreme court) to nullify the election. So if the his G12 certificate is not an issue now, why was it an issue to begin with? Did Malabji procure a new and different G12 certificate? Courts in Zambia need to be serious and not be used as political tools.
The case of Malanji was confusing. Originally the petition was for malpractices that is to say he bribed voters. But when witnesses turned against the petitioner the judge suddenly brought the certificate issue. Surprisingly even though the Concourt acknowledged that Malanji had that Manila paper the judges still endorsed the nullification.
it only zambia were chrmials are als allowed to stand but time is coming when a devine sole judges shall rise , and shall not collectivelly accept and share stollen money as enticement to make collectve wrong, opposite and corrupt verdicts.but on consolation is that zambians are now very enlightened and cant accept or vote for criminals but they able to tolerate their standiing so as to delberately compel the criminals throw their sollen money into circulation
it only in zambia were chrmials are also allowed to stand, but time is coming when a devine sole judges shall rise , and shall not collectivelly accept and share stollen money as enticement to make collectve wrong,, opposite and corrupt verdicts.but one consolation is that zambians are now very enlightened and cant accept or vote for criminals but they hav to tolerate their standiing so as to delberately compel the criminals throw their sollen money into circulation
The constitutional court is to blame here. It is rewarding bad behaviour. Malanji was enjoying MP salary even when he knew that his nomination was flawed. Lusambo was terrorising anyone in Kabushi with his nato forces and yet they are allowed to stand again. This will not send a strong warning to cheaters and bullies as they know will come back anyway. Thus constititional court itself should be disbanded, the first judgement itself was flawed.
bath you are right. stollen and hidden dollars should alo be bought back into the country. So all zambia including judges should deiberately allow and encourage all idenfied ……………..to stand and that they wiil be forced to go ad unlock the loced up dollars and bring them in the c?ntrry for campagn purposes . so the increased ciculatio f te dollar shall help the kwacha to apprecate further. but dont vœte fr them. well done judge for helping zambas,in some way
If a case is being handle but tutwa and makebi and when tutwa is babbling with confidence just know you have lost. These two lawyers are very intelligent and smart. Lawyers that work for Govt institution are normally not good
From the look of things the Supreme court has midrected itself by failing to establish the fundamental basis of causing a “By-Election.” Even though the manner in which a By election are explicit in article 72 (2), the recourse should be on the preservation of the law. It also appears that if one particular party had remained in power these so called Lacunae’s would still be exploited to justify illegalites. Thank God for the current government we will be able to have a constitution that is not set to be manipulated but one that will be informed by the Zambian people. I wonder why have been voting such calibre of politicians for over 40 years.
I would like to know what consequences one gets for Electorial malpractice? How do we deter candidates from corruptly lobbying for votes?
Just like Mutale Nalumango was bribing voters in Kabushi eh?
Redo , you just dont know. tutwa, zulu, zulu and most of those in the …………..have been in that cartel and all strnly connected by the tendons of corruption. so it is not the question of being intelligent but of how muchch ….offered for the deel. since whe have ever heard that the concourt has to interpret the laid down qualifications for candidate. it does not hppen in that wy becuse the same rules were debated and set by mps and signed by the republican president and were ditributed to institutions to be used as guide lines. the ecz was very right’ with some these ……it will be difficult to promte and maint sanity in our country very retrogressive isms are in some courts because they are still packed by fully spirited with corruption
zambian courts are a let down. If paul f the bible was still alive h would have said,’You judges , who has bewitched you?’
It is shameful that the ECZ’s political game has been exposed. (a) Who provided legal advice to ECZ to publicly announce that Lusambo & Malanji were not eligible to recontest the Bye-election days prior to the date of nominations? (b) Who directed the Returning Officers to implement a political decision hinged on an earlier ECZ pre-emptive pronouncement as hinted in (a) above? The new ECZ-UPND Govt alliance must pick up lessons from Kenya to the effect that careless and twisted application of the Laws can generate serious national havoc in a given country. The ruling of the Constitutional Court entails that ECZ must repair the damage on its Institutional integrity NOW by setting a new date of the By-elections in Kitwe and Ndola.
I think this is the worst constitution in the history of this country, whereby it is not understood by the owners! PF messed up this country big time including the constitution
Who is Mr Mukende?
Correct me if I am wrong, the court was asked if nullification means disqualification, as per their previous nullification case rulings….thus their eligibility to stand after the ECZ’s action is not what was being asked of the court.
Lusambo is Kabushi n Kabushi is Lusambo ..says the UK based KZ. In short he doesn’t need to campaign.
Two people from the patriotic front are give the whole up and down party restless days and sleepless nights….These upnd chaps are cowards..The vice president is busy doing bribery (vote buying) which is ok in the sight of ECZ…ama rubbish