Maravi

High Court nullifies Solwezi, L/stone seats

High Court nullifies Solwezi, L/stone seats
By Edwin Mbulo in Livingstone and Misheck Wangwe in Kitwe
Wed 14 Mar. 2012, 12:00 CAT

THE MMD yesterday lost the Livingstone and Solwezi East seats after the elections of their members of parliament were nullified by the High Court.

The Livingstone High Court nullified the election of Lukolo Katombola as Livingstone member of parliament while the Kitwe High Court nullified the election of Richard Taima as Solwezi East member of parliament.

And Joseph Akafumba who is Southern Province PF chairperson said the nullification of the Livingstone seat won corruptly by the MMD shows that anything stolen was short lived.

Passing judgment in the petition case in which UPND's Frederick Chuunga and PF's Akafumba had jointly petitioned the election of Katombola as area member of parliament, Livingstone High Court judge Ernest Mukulwamutiyo said the was election marred with corruption.

"Katombola did not contest against giving out cash but said he was unwell. The allegations made are very serious as they violate the provisions of the electoral act and shows that the first respondent actually engaged in illegal practices during the elections," he said.

During the over one hour judgment in which Katombola was absent, Judge Mukulwamutiyo however said there was no evidence by the petitioners that the funds allegedly distributed by the MMD through the district commissioner were public funds.

And Akafumba said the findings of Judge Mukulwamutiyo show that the MMD clearly went into full throttle during the last elections to bribe the electorate so that they could win the elections at national and constituency levels.

"Corruption does not pay. Anything stolen is short lived, and so since it was stolen victory, it has been given back to the people who are the owners of the victory. The PF is now ready for the by-elections," he said.

Akafumba said the lessons learnt from the Livingstone case were that it did not pay as a party or an individual to engage in vote buying.

He said the elections was robbed from the MMD as the 168 votes wrongly given to Katombola by the returning officer George left the PF victorious with a difference of 27 votes.

And Livingstone PF district chairman Fred Chibuye said justice had prevailed for the people.

"Work for us has just started, the seat belonged to us but due to the malpractices it was robbed from us," said Chibuye.

And in Kitwe, losing PF Solwezi East parliamentary candidate Peter Ilunga petitioned Taima and the Electoral Commission of Zambia (ECZ) as first and second respondents, respectively.

Delivering the judgment yesterday, High Court Judge Catherine Makungu said applying the case of Michael Mabenga Vs Sikota Wina and three others, she was satisfied that Ilunga had discharged his burden of proof.

Judge Makungu said by reason of Taima's illegal activities committed in connection with the election, the majority of voters in Solwezi East constituency were prevented from electing a parliamentary candidate whom they preferred.

"The elections for the MP in that constituency were not free and fair. I therefore declare the election of the first respondent void. I order that the petitioner's costs shall be borne by the first respondent. The second respondent will bear its own costs," she said.

Judge Makungu said Taima acted contrary to section 83 (2) of the Electoral Code of Conduct at the meeting which took place at Mushingwa market on August 27, 2011.

Justice Makungu said Taima did not stick to the seven-points drafted by MMD to be followed by the candidates of the party during the campaigns prior to the September 20, 2011 tripartite elections.

"The respondent also breached section 10 (2) and 20 (1) of the code in that the disparaging remarks he made against the petitioner and the PF party were capable of inciting members of the community to hate the petitioner and the PF," she said.

Judge Makungu also said Taima advised the voters to vote for him by giving them money, alcohol and a hammer mill, contrary to section 20 (1) (iii) of the Electoral Code of Conduct.

"I further find that on August 27, 2011, the respondent and his agent who introduced him at the rally informed members of the public who were present that PF president Michael Sata, the petitioners and members of that party in general were not good enough to be voted for because if voted into power, they would allow homosexuality, lesbianism, abolish the government fertilizer distribution programme and cause civil war," said Judge Makungu.

She said by saying these things, Taima caused apprehension in the electorate because she took judicial notice that the majority of Zambians were peace-loving Christians.

"Homosexuality is not a Christian way of life and nobody in his right mind would like to live in poverty or war," Judge Makungu said.

And Taima, a former deputy minister of Home Affairs, looked disappointed said he would appeal against the nullification of his seat.

"I am appealing, it is shocking," Taima said.

In his petition, Ilunga who was being represented by lawyer Noel Simwanza of Kitwe Chambers argued that Taima was not duly elected.

He contended that between August 20, 2011 and September 20, 2011 after
the dissolution of parliament, Taima induced the electorate by giving them beer, commonly known as ‘Tujilijili', money and a hammermill.

He also said Taima spread false information that he and President Sata would instruct the Food Reserve Agency (FRA) to stop paying the farmers their dues and recognize gay rights.

After the judgment, Ilunga who jubilated outside the High Court with party officials said he was happy justice had been made by the courts over the matter.

Labels: LIVINGSTONE, MMD

posted by MrK @ 7:05 PM