Maravi

Musokotwane petition judgment set for March 12

Musokotwane petition judgment set for March 12
By Mwala Kalaluka
Tue 24 Jan. 2012, 12:56 CAT

LUSAKA High Court judge-in-charge Jane Kabuka has set March 12 as the date of judgment in a matter where the election of the MMD's Dr Situmbeko Musokotwane as Liuwa member of parliament is being challenged.

This was after Dr Musokotwane, a former finance minister in the Rupiah Banda administration, closed his defence yesterday morning and the lawyers for both parties subsequently made their oral submissions.

Dr Musokotwane admitted during cross-examination by the petitioner's lawyer, Willie Mubanga, that he distributed T-shirts and chitenge materials during the September 20 electoral campaign.

Dr Musokotwane said although he did not partake in the distribution of the materials, which was usually done at public meetings, he was always kept abreast by his agents.

He said the first time he heard testimony that he had treated the electorate during the campaign period in Liuwa, was when the petitioners' witnesses were testifying before the court.

He said there was a conflict management committee at every polling station but there was never a time a complaint was tabled that he was treating the electorate.

Dr Musokotwane said he was referred to as Bo Mubanji the allocator or distributor during his campaign in Liuwa because his message to the people was to choose between somebody who was allocating national resources or for a party that could never produce a finance minister like him.

"In the manner that my colleagues have used it here, clearly it was meant to be offensive," said Dr Musokotwane.

Mubanga said in his submission on behalf of the petitioner that the allegation that Dr Musokotwane and his agents engaged in bribery and treating of voters had not been challenged.

"Our submission is that the testimony of the witnesses with regard to bribery and treating was not controverted under cross-examination," Mubanga said. "This is notwithstanding the fact that all the relevant witnesses that we have referred confirm in their evidence-in-chief that they were given the items in question in return for votes."

Mubanga said the petitioner's witness had led sufficient evidence to enable judge Kabuka annul Dr Musokotwane's evidence.

Mubanga said the manner in which Dr Musokotwane and his agents went around distributing campaign materials was intended to bribe voters.

But Dr Musokotwane, through his lawyers, Eric Silwamba and Lubinda Linyama, asked the court to dismiss the petition because it had not met the required threshold in matters of that nature.

Silwamba said the evidence of some of the petitioner's witnesses was tainted with discrepancies and as such it was difficult to believe such witnesses in view of their demeanour and credibility.

"The alleged bribery and treating is grossly misconceived at law and fact," Silwamba said. "There must be a corrupt element in the exercise."

Silwamba said the provision of campaign materials to some Liuwa residents was a legitimate election expectation.

"We pray that the petition must collapse on its own," said Silwamba.

Labels: COURTS, SITUMBEKO MUSOKOTWANE

posted by MrK @ 10:48 PM