The Supreme Court has granted a stay of execution of the High Court judgement that ordered the Electoral Commission of Zambia (ECZ) to accept nomination papers from former Petauke Central Member of Parliament (MP) Dora Siliya and two others.
This means that the filing of nominations set for Tuesday would not go ahead until the determination of the appeal to the Supreme Court against High Court Judge Mungeni Mulenga’s decision.
Acting deputy chief justice Florence Mumba granted Solicitor General Musa Mwenye the stay yesterday after the High Court had earlier declined to grant the application.
On Thursday, Ms Justice Mulenga declined Mr Mwenye’s application to stay the execution of her judgment that quashed ECZ’s decision that purported to block the trio of re contesting their seats.
Ms Justice Mulenga had refused to stay the execution of her judgement which she delivered on Tuesday ordering the ECZ to accept nomination papers of Ms Siliya and two others.
She quashed the decision of the ECZ that purported to block Ms Siliya and former Malambo MP Maxwell Mwale and former Mulobezi MP Hastings Sililo and ordered that the three be allowed to re-contest their seats.
But the State on Thursday appealed against Ms Justice Mulenga’s decision while on the other hand applied before Ms Justice Mulenga for the stay of the execution of her judgement.
Ms Justice Mulenga declined to grant the relief sought on behalf of the State by Solicitor General Musa Mwenye.
“I have considered the ex-parte application affidavit in support for stay of the judgement granted herein dated 3rd September 2013. I hereby decline to grant the sought relief. Leave to appeal against my refusal is granted,” read order dated September 5, 2013.
Mr Mwenye of Stand number 22858 Lake Road Kabulonga had in his affidavit in support of ex-parte summons to stay execution, asked Ms Justice Mulenga to stay the execution of the judgment claiming if it was stayed, persons who have been adjudged to have been involved in corrupt and illegal practices would be allowed to contest elections without the law being clarified.
He said allowing the trio to re-contest their seats without the law being clarified could lead to an erosion of confidence in the electoral system thereby impacting negatively on the drive to have free, fair and clean elections.
The Supreme Court has set September 11, 2013 for inter-parte hearing.
Is our country now full of shameless people and politicians. I expected Dora Siliya and company to withdraw from this election on moral grounds following the courts decision to nullify their seats on corruption allegations. Where is morality here?
There was no corruption on Dora Siliya’s case.. Read the extract of judgment here: http://www.postzambia.com/post-read_article.php?articleId=34752
Ati morality ! Whats that? We’ve got copper and other minerals like greed,bufi and belly politics but that other rare mineral is only found in colder climes.
What morality is there when PF and Mr Sata are using the courts to nullify the elections. Using our meager resources to run endless by elections while losing over a thousand babies everyday for lack of proper medical attention.
MMD and UPND withdraw these names and let PF contest with FROGS they will still lose.
Ok Ba PF so now I trust ZWD so u have systematically used the deputy CJ instead of sata’s auntie justice Lombe nullify court ruling. Any the writing is on the wall PF will lose whatever games u will play. Sata and Ka Chiluba will go in history as the most useless presidents that ruled Zambia
Morality? What on Earth you are talking about? Morality? Do you have any morality?
That is the law and how our justice system works. Govt like any other party not satisfied with the decision rendered have the right to appeal such judgment
Its about time we infused sanity into our politics
If you are labelled a thief but not convicted would allow the the government to limit your rights and freedom?
Really really sad….
Double standards, Selective application of the law will lead Zambia into a dangerous unjust society ………We still Remember and its on record, Given Lubinda and Fred Mmembe’s lies/ deception on the “Universal Print Group (UPG) and the Stanbic Bank Zambia Limited account number 0140034477502 to be one of the accounts used to pay bribes to ECZ officers.”
If these are not lies then Sata and PF are enjoying proceeds of crime, contrary to Section 22 and Section 104 subsection 7 and 8 of the Electoral Act 2006. In fact PF is enjoying proceeds of crime contrary to Section 71 of proceeds of crime Act No. 19 of 2010 of the Laws of Zambia. . …Sad, now Given Lubinda USED and BUMPED
Zambians what morals are we talking about, nullifying a seat is already punishment, Dora accepted. But she has the right to stand. This is just PF trying to Play around. Facts are, Even if Dora is blocked, who even stand on MMD will win Anyways. PF have failed Zambian people. There policies are outdated. They lack Morals and brought about by Elections at the expense of Zambian people. Please lets write facts than being unreasonable.
and the circus continues……………..
What morality does Sata have? Cheating through out his life and you call that morality?
in you. what is faked up with something. take a break. Just from monitoring elections
very few people in Zambia will resign on moral grounds. many people have no morals.
There are no morals in Zambian politicians and political parties. An election is nullified due to corruption but then you want the same candidates to contest the election. Is there any logic in that? No wonder we are still in poverty. Its a pity that even the few educated people in the country are sinking so low to support such candidates.
I agree if their seats were nullified on corrupt practices they should even attempt to stand.The candidate is the one in the forefront to corrupt the electorate
I mean they should not re-contest let us have fairness – high court
What is the interest by the state in all this? Is Dora really making them sweat in their pants? Shouldn’t we talk about something else? This PF government is really making me regret my vote for them
They are sweating in their panties
No we do not want corrupt elements period it’s not about Dora she is not a factor I salute the State if it was in Kaunda era Dora saga would be history.Zambians have you forgotten how Corrupt MMD was shame on us we say no to corrupt leaders lets us not waste time.High court do not use jungle law God forbits.
I also expect the pastor Nevers Mumba to distance his MMD from corrupt candidates. What rebranding is he talking about?
Waste of time. Even if Dora and the rest are barred PF will still lose the bye-elections. People are upset with PF’s conduct.
You have a point in that, but at least we would have prevented corrupt candidates from contesting elections.
Sorry PF no matter what you do there still be a landslide loss for you in Eastern province
This will even piss off more people knowing Lombe caused all these unnecessary bye-elections
You are definatly a cadre stroke thug if you beleive that dora and others should step down gabriel and masumba have corruption charges why dont u ask them to step down what u *****as are practicing cant even be called double standands because you are thugs uncapable of such but rather dull kaponya kombonic thinking of muchinga
it seems there is a battle between the corupt free high court against the corupt supreme.this is because the judges at supreme are on contracts and canot work against their master.
@6 ganja farmer, its a battle between kaponya jerraboz namakwenkwe sluts high court and mature upright well reasoned supreme court.
Mr. Sata needs advisers that have foresight and not bootlickers, apple polishers and Yes men. PF shall let it go and strategise on delivery with a cool head and in a composed frame of mind,
The word is spreading fast and populace mood is shifting at a much faster pace than PF planners think.
At this time , who is right, who is wrong, is immaterial. It is public perception of PF and its leaders that is the deciding factor. Unfortunately, if elections are held today Mr. Sata and any PF candidate will lose very badly. Most of its MPs will never ever get an opportunity to sit in august house.
ballot printer, you can say that again.
“At this time , who is right, who is wrong, is immaterial. It is public perception of PF and its leaders that is the deciding factor. Unfortunately”
Politics is all about “perception” that’s it- for now pf can bring manna from heaven, it will not work.
@ballot printer,
Are you sure Mr Sata is the kind of person who will listen to anybody’s advice?
Advisors for what? He will not listen to them.
Czar returns.
How desperate is the ruling opposition (PF)? If they are as popular as they claim it shouldn’t be a problem if MMD field even Rupiah in Eastern! These delay tactics and time wasting have already earned them red cards in 4 self induced by elections. What we are now seeing are the last mad, confused kicks of a dying horse. Just grow up and concede baPF naimwe!
HH is very quiet and so is Milupi!
These appeals are just making PF less popular and everyone starts confirming they are controlling supreme court and even makes this Chibesakunda issue true!!! Chinshi balefwaya kanshi ?? At this rate, PF will NEVER win another bye election. Twamisula nomba
The 3 former MPs should ask the ADCJ to recuse herself. As things stand, the chances of justice PREVAILING on this matter are almost ZERO.
Why don’t they just test their popularity by fielding their best candidates “if any” against the three perceieved heavyweights? There is too much policking in Zambia. It is time the government started winning based on their performance rather than through manipulation. These three electral seats should not give the sitting government any headaches unless they have something to fear.
Let’s concentrate on development and not by elections please mr president.democracy is at play in ZAmbia even opposition can win with a wide margin.
PF’s misfortunes are self-inflicted. They have worked hard to put themselves is self destruct mode. There won’t be anything left of the party by 2016. As already pointed out above, people all over the country feel cheated and can’t wait to get rid of PF. They need to work hard and a miracle to get out of perception people have of them.
This man is talking of what he doesn’t understand, he wants Ms Silia to just stay away when its clear that some one at the court is being just used to nullify without evidence. PF Kabimba and PF Chibesa kunder will soon know that cheating does not pay
The more stuborn the PF become the more irrtated pipo are becoming with PF. This will dwindle even the little support they r enjoying now. My advice is that PF concentrates on feasible development n policies which pipo will appreciate. Otherwise, they r doomed.
The PF have lost the direction, their mathematical formula and imaginary parliamentary majority of at 2/3 is a nightmare, its a dream they will not achieve. The reason is simple ill motives. Dora is a good Lawmaker with experience, and you need strong opposition in parliament, and am sure she can stand in to challenge the PF also given that, they are on red line with the ruling part, its more reason, that she could be the most preferred candidate, even if other options are there. Dora, Maxwel and Sililo or other candidates, PF will not gate these seats, forget, doomed indeed
Mumba the AG it is a shame to see you drop to such level, you were once a respected lawyer but you have suddenly become something else.You choose to damage your reputation in order to help winter and the PF.There is a life after PF, what you doing will stick on you for a very long time.
If Dora +others are corrupt why are they not convicted by the courts of law?
Why are Zambian women in high places dragging our country backwards? As a woman I would be skeptical at ever supporting a woman to run the judiciary,police,ACC etc BTW Dora Siliya lost her seat for saying PF would legalise homosexuality,send youths to train in Afghanistan,and not pay farmers.Thats why she won the case in the high court and surprisingly lost in the Supreme court.Perhaps we the Zambian people should ask for nullification of the presidency because he promised us money in our pockets in 90days,a new constitution in 90days,sort out the barotse issue in 90days and told us Rb was a thief something they have failed to prove.Surely the same law should be applied to Sata as Siliya
@ ex moma,
how dare you comparing HE to dora? mwaiche ulekwata umuchinshi
I say Amen to your message.
Isambo lyamwa..you are exhibiting lack of analytical skills.I’m talking about the law.Besides nothing wrong with putting HE and Dora in the same sentence don’t they both breathe in O2 and breathe out CO2? unless HE breathes a superior type of O2 he is just a homo sapien like the rest of us.
HH is quiet coz he has won some bye elections the moment he looses he ll call for the resignation of the acting chief justice and the disollution of ECZ.
He reminds me of coaches in the english premier league…wrong ref decision is good if u ve won if u lost,its bad. EPL referees make very elementary mistakes which are comical.
Fellow bloggers, let us await the judgement from the supreme court. It is the natural justice of the land in Zambia.
PF just face it your popularity is falling faster than terminal velocity.
@ ex moma
I did nt no dat we ha women who think this way lyk you ex moma in zambia ,wonder if u r a woman……….!
Hazard I have no idea whether thats a complaint or a compliment. Unfortunately there is no way of proving my sex in cyberspace.Take it or leave it.I am a woman.Ex UNZA student from October 3 hostel.
Delay of justice is now delay of democratic process. Our lawyers will do it whenever they are given a chance. Ask those who have been in detention for years without trial.
HH is a politician of Zambian origin with all the rights to speak esp aganist unfairness.
Sad to see double standards That PF has brought to our country, yes we all know MMD messed up but, we also know, that all these Parties buy votes. Zambian elections are never clean. PF tell us if you never give Brides?? Facts of these By-Elections are PF’s Selfishness, Waste of resources at Poor Zambians expenses. This is just waste of time because PF will not win any of these elections anyways. Just plan to retain late Sakeni’s seat “MHSRIP”. Else you will lose it also.
What’s up with these three girls, Lombe, Florence and Irene? Are we missing something here? Why is Ukwa pitting them against each other. He surely is playing them, but to whose benefit? As Lubinda would say, this is nuaseating.
The problem is where pipo can see a wrong thing as right just becouse it has affected thier tribe or party. Lets start thinking beyond Dora,Sata,Nevers and HH becoz pipo’s time come differently some like mazoka before the drum others like levy during the drum and lucky ons lik FTJ after the drum
You win some you lose some – that is the name of the game. This should provide a reality check to PF and they still have time to redeem themselves, if they are able to learn from such experiences. Even the mighty Dkjokovic and Nadal do not win all their tennis matches but they still soldier on. Life is such that you should be able to learn from both your successes as well as your failures.
CHIFUNDO BA PF!!!!!!!!!! they will still lose.
Do u pipo know just how money is being wasted on this childishness. Meanwhile there is no medicines in hospitals. Veve vi fola so apa.
when you post we read.
I challenge to face Dora in the by-election to test their popularity. Politics is not a game of cowards. PF prove to Zambians that you are the most preferred party. My vote wants an answer
Their name says it all: PF for Political Failures!
How dare are you talking about morality? Dont you have eyes that u cant see the immorality happening in PF today?what PF is doing is jst rubbish and it wont take them anywhere.They have been causing these by elections so that they get the majority in parliament but this is what happens when people are fed up with you.They have been blocking the opposition to have their right of assembly using the police and you call that morality.If DORA,MAX,& HASTINGS are corrupt why cant the ACC start investigating them? PATHETIC FAILURES and their minister of injustice are jst scared of losing but let me tell you that whether the judgement goes against these 3,PF will lose these by elections.Am even regretting voting for them in 2011.God has started hearing our cry.
Boma ni Boma,Silier n othaz r dancing 2their own tunes
Stop the rot. Dora, Sililo and Mwale should campaign for candidates of their parties. Enough of court! Let us move on and still beat PF at their own game. Zambian politics!!!
ISAMBO LYAMFWA
u r so rite. How can ex moma insult Dora by comparing her to Kaponya, thief, womaniser, vengeful, arrogant, Enemy to Mother Zambia, embodiment of evil our own Satan?
Zambia forever and for all Zambians.
Dora, Maxwell and Silio have the right to stand.
Zambians have the right to vote for MMD and UPND and be counted.
I foresee a prolonged judicial battle…..by-elections may not take place in the foreseeable future
“Going concern” questionable!!
@ex moma- if you are above 40 and single, I will be interested to know more about you. I am based in Michigan state and hail from copper belt, born and brought up in Mighty Mufulira area,
@LT am neither single nor 40,but we can debate and share ideas on this forum.
Ba Lusaka Times, it is not “Filling of nominations” but “FILING”, English please..
MMD Judiciary syndicate has to be broken MMD invested too much in the judiciary than any other sector of the economy help us President Sata