Muzungu petitions Kamondo’s election

Muzungu petitions Kamondo’s election
By George Chellah
Wed 26 May 2010, 04:00 CAT

LOSING MMD candidate Mulondwe Muzungu has petitioned the election of UPND’s Elliot Kamondo as member of parliament for Mufumbwe Constituency. According to the petition filed in the Lusaka High Court dated May 24, 2010, Muzungu requested that the election be declared null and void.

“Wherefore your petitioner, prays that it be determined that the said Eliot Kamondo was not duly elected or returned and that the election was null and void ab initio. He therefore prays that he be granted the following reliefs: (a) a declaration that the election was NULL AND VOID AB INITIO; (b) a declaration that the respondent was not duly elected; (c) costs of and incidental to this Petition; (e) such declaration and orders as this Honourable Court may deem fit,” read the petition in part.

And in the affidavit verifying election petition, Muzungu stated that the campaigns were characterized by undue influence that resulted from threats and violence to life and property and rampant physical attacks on MMD members and members of the general public, resulting in severe injuries to persons and damage to property.

“That the said acts of violence resulted in several people being occasioned with serious injuries and being treated in hospitals and most of the perpetrators of the violence being arrested by the police. That I verily believe that as a result of the acts of violence that characterised the parliamentary by-election members of the MMD and the general public feared for their safety while others chose to leave their residence and fled the area without participating in the said elections,” Muzungu stated.

“Further that on the 30th day of April 2010 at a rally held at Freedom Square in the Mufumbwe District of the North-western Province of the Republic of Zambia addressed by Mr Hakainde Hichilema the UPND leader expressly offered and promised to deliver 20 heads of cattle to the voters in the Mufumbwe parliamentary constituency as a fulfillment of an earlier promise he made to the electorate that he would deliver the said animals if they voted for ELIOT KAMONDO, the Respondent herein.

I verily believe that the said promise was designed to unlawfully induce the members of the public to vote for the respondent and alter their independent and voluntary decision at the poll.

“That on the 30th day of April 2010, the Returning Officer declared the Respondent Eliot Kamondo as duly elected and returned member of parliament for the Mufumbwe parliamentary constituency, constituency number 107. That I have duly lodged an Election Petition herein which sets the particulars of incidents of undue influence and treating which I intend to rely on.”

The petition was settled by Messrs Mvunga Associates, Messrs Eric Silwamba & Company and Messrs George Kunda & Company, advocates for the petitioner.