The Constitutional Court has recognized that the order by the High Court to stay the elections in Kwacha and Kabushi Constituencies, remains valid.
Delivering the majority and minority judgements recognized that the order to stay the election by the High Court remains in force.
This means that the elections scheduled for Friday will not take place.
On 13th September 2022, The Lusaka High Court granted Bowman Lusambo and Joseph Malanji their application to halt activities relating to the by-elections in Kabushi and Kwacha, pending determination of their matter.
On today, Monday, Justice Ann Sitali , Justice Judith Mulongoti and Justice Mulenga Mungeni delivered judgements on the petition brought to court by Governance activist, Isaac Mwanza and Green Party President, Peter Sinkamba.
In a majority ruling, the Constitutional Court has ruled that there was no need for the ECZ to conduct fresh nominations following the resignations of Alfred Yombo and Lawrence Kasonde in the Kwacha and Kabushi by-elections as the High Court had stayed the elections.
The Concourt stated that there was no breach by ECZ and the call for fresh nominations in light of the order of the High Court to stay the elections.
The Concourt has also declined to order ECZ to order fresh nominations.
The Concourt has also declined to grant orders sought by the petitioners regarding the filing of nominations.
But in the minority judgement, Justice Mungeni Mulenga ruled that the Constitution gives directives in a mandatory manner and that ECZ should have conducted fresh nominations.
She said the resignations by the two contestants required that the elections was cancelled and call for fresh nominations as stipulated in the Constitution were done.
She also castigated the ECZ stated that it was disgraceful for the entity to fail to conduct fresh nominations.
She insisted that the ECZ acted outside the constitution and any election held under these circumstances was illegal.
This is the case in which Green Party President, Peter Sinkamba and Good Governance expert, Isaac Mwanza petitioned the Constitution Court to compel the Electoral Commission of Zambia to call for fresh nominations following the resignation of independent candidates in Kwacha and Kabushi parliamentary by-elections.
On 12th and 13th September 2022, Alfred Yombo and Lawrence Kasonde tendered their resignations in writing as candidates for Kwacha and Kabushi by-elections.
ECZ again caught with their pants down its either they have an incompetent legal team or they top Directors dont want to listen to their advice only want to appease the appointing authority….ECZ needs serious branch and root reforms.
After threatening judges you think that is justice? You should be ashamed of yourself hh. Your fear of bowman is showing your true colours. You are a a very weak man. We in pf in the UK even wonder if you have anything in between your legs sir.
Chalwe hankubala
Pf member
Now this impostor who claims to be a woman is talking things between a man’s legs..the more you type and post the more you give yourself away Impostor!!
This Cl0wn C00n, Mu2hota, aka N3z, aka K@!zar, aka UK patriotic front is so dull & has no shame whatsoever! It’s modus operandi bl0ws its cover away easily.
Luckily for it, only being an attention seeking personality disordered Troll saves it, otherwise had it been a criminal, it would have long been locked away.
Hahaha what a weak fake name ati Hankubala. Nah bruh. you’re a PF stooge living in Kanyama.
The judgement was 2-1.
I don’t know why people are even bothering to read the minority judgement.(it just becomes an ineffective opposing opinion)
The majority judgement prevails and will be enforced.
There is no way a judgement can go contrary to the constitution as it is the supreme law(That lady judge Mungeni Mulenga needs to go back to law school).
The elections have to be held with 90 days.Even the judiciary or the courts themselves are not above the law.
Attention to UNZA Students studying Constitutional Law. Pay attention to the *drama,*ping-pong and *precedents happening in Zambia, because you are the future leaders & beholders of ECZ and the Constitutional Court. Meanwhile, in as much as the blame must go to the president’s advisors, he ( HH ) owns this shuttle of jokes happeningin Zambia. He is the prime sponsor, disrespecting the law.
Very ambiguous judgement… you say Yes I say No, you say Goodbye and I say Hello. Trying to please the appointing authority and the general public.
Do the right thing so that history will judge with favor.
If I were Upnd I would only celebrate defeating the two gentlemen at the polls not at barring them.
@Deja Vu, then what the point of disanulling elections?? There’s more work to be done by Concot.
They are CONFUSING BOTH UPND and opposition!!!.
Peter Sinkamba ALMOST CRIED YESTERDAY. He failed to understand how Concourt’s mode of operation!!.
Which two gentlemen eh? You mean your CB mates Bonanza and Bowman? They are not gentlemen.
This Cl0wn C00n, Mu2h0ta, aka N3z, aka K@!zaar, aka UK patri0tic fr0nt is so du.ll & has no shame whatsoever! It’s mpdus operandi bl0ws its cover away e@sily.
Luckily for it, only being an attenti0n seeking pers0n@lity dis0rdered sick Troll saves it, otherwise had it been a crim1nal, it would have long been l0cked away.
Justice Mungeni Mulenga observation is correct. Uyu ndani should quickly learn that Zambia is bigger than an individual.
Poor reporting ba LUSAKA times. You want to please PF??
The elections are going as planned.
Absolutely! I totally agree with Anderson. The majority judgement carries the day.
Delivering the majority and minority judgment. The Con court recognizes that the order to stay the election by the High Court still stands and is valid. But I hear some people saying voting is going on Friday. Am I missing something
If there is a stay in the Night Court to STOP the ECZ from doing “anything”, why has the same ECZ announced the new date for elections (21/10/2022)?
Is that not blatant contempt?