Maravi

Kamondo to challenge denial of leave to appeal

Kamondo to challenge denial of leave to appeal
By Maluba Jere
Fri 31 Dec. 2010, 04:01 CAT

A LAWYER representing Eliot Kamondo says he will appeal to the Supreme Court against the High Court's decision to throw out a notice of appeal which sought to stay the decision to nullify the Mufumbwe election results. Jack Mwiimbu yesterday said since the High Court had denied his client leave to appeal, he would be appealing to the Supreme Court against the decision.

Kamondo was elected Mufumbwe member of parliament but MMD losing candidate Mulondwe Muzungu petitioned the election and the High Court nullified the seat. However, Mwiimbu explained that what had been thrown out was not the actual appeal but a notice for leave to appeal.

High Court judge-in-charge Philip Musonda on Wednesday refused to stay the judgment he passed in the Mufumbwe by-election petition case in which he also nullified the results on the grounds that there was massive violence.
In his ruling delivered in chambers, judge Musonda threw out the application for leave, saying it was misconceived.

He said it would be inappropriate for Kamondo to remain in Parliament until next year because that would be undermining his earlier judgment, which nullified the election of Kamondo.

Judge Musonda asked the Electoral Commission of Zambia to go ahead and set a date for the by-election, saying there was no likelihood that an appeal would succeed.

“An appeal does not act as a stay under section 51 of the Supreme Court Act. It would be inappropriate to let Mr Kamondo stay in Parliament until the next general election to be held in less than a year,” judge Musonda said.

“It would mean the judgment has been undermined by the frivolous and vexatious application. The stay has been refused and the Electoral Commission of Zambia can go ahead and announce the date for the by-election.”

Labels: BY-ELECTIONS, COURTS, ELLIOTT KAMONDO, JACK MWIIMBU

posted by MrK @ 9:50 PM