Thursday, September 05, 2013

MMD sticks to Dora
By Allan Mulenga
Mon 12 Aug. 2013, 14:01 CAT

MMD president Nevers Mumba has vowed to ensure that Dora Siliya files in her nomination papers to the Electoral Commission of Zambia tomorrow. And Mumba has accused The Post of being used by the PF to churn out illegalities.

Meanwhile, a team of lawyers are seeking judicial review of ECZ's decision. They also want an injuction against to stop tomorrow's parliamentary by-elections nominations.

Commenting on the ECZ's statement that the commission will not receive nomination papers from Siliya, Maxwell Mwale and Hastings Sililo following the guidance from the Judiciary that individuals whose seats were nullified for corruption or illegal practices are disqualified to re-contest, Mumba said the MMD would use all options, including legal, to ensure that the Constitution is protected "against a government that has absolutely no regard for the rule of law".

"This is a reckless way of governing the country. It is diabolical; it is going to disturb the very peace that we have been enjoying in this country," he said.

"We think the PF wants to bring destruction to this country and anarchy in terms of the law. So, we will use every avenue, including the legal option to ensure that our candidate files in nomination papers."

Mumba accused the PF of harassing MMD members through the Judiciary.

"We don't expect our Judiciary to overlook their own procedures in order to fix political opponents of the party in government. Our members are being harassed by PF through the Judiciary and they are going to lodge in their nominations on Tuesday; the law is on their side. If some of these institutions decided to back an illegality or a desire by President Sata and the PF, they will stand by the judgment of people and we will stand on the side of the law, and that is our position," he said.

Mumba also accused the PF of abusing the Supreme Court and making it a slaughter house for democracy.

"To advise them, I would say that in a democracy, you win some seats and you lose some seats. If they can behave like this now just by losing three seats, how are they going to respond when they lose the 2016 election? We have to stop them now so that in 2016, they can hand over power in peace like MMD handed over power in peace to them," he said.

"Looking at their behaviour after losing three seats, Zambians are very concerned that maybe we have in place a government that does not want to adhere itself to the people but rather bulldoze its way by doing illegalities; destroying the Supreme Court; abusing the Supreme Court and obviously trying to make it as a slaughter house for democracy. We hope that the Supreme Court will refuse to be used to fulfil desires of the Patriotic Front."

Mumba wondered why ECZ changed its position on candidates whose seats were nullified on grounds of corruption after receiving the guidance from the Judiciary.

"The statement of the ECZ, if you remember, was very clear that those three were eligible to re-contest their seats because the nullification of their seats does not equate to barring them from standing in their constituencies. Unless there has been a due process of the law according to section 104 subsection 7 and/or the report provided by the High Court that there was a reason for which they needed to be preliminary charged," he said.

"None of those things are present. Our position as the MMD and myself is that it is either that document from the Judiciary is a forgery because our Judiciary doesn't work like that."

And Mumba has accused The Post of being used by the PF to churn out illegalities.

"If you notice, they gave you as The Post the statement which was erroneous; it was illegal and you should have even asked them whether that was a forged letter. Because there is no judiciary that operates like that; you should have known that as The Post and then interpreted it and extended its interpretations and mention names of people that were barred and yet that statement in itself did not even say that," he said.

"You know how the Supreme Court works and how the Judiciary works; it doesn't work through the newspapers. By the time you received that document as The Post, the ECZ had not yet seen that document, which was the body which was supposed to look at it and be able to respond to it. Everybody knows that this is a political thing; it has nothing to do with legality; those people have not been convicted of any criminal offence regarding the fact whether they can be barred or not."
Mumba said Zambians would judge The Post harshly for endorsing illegalities by the PF.

"What has happened over the past four days is extremely sad and the media that have been used to be able to churn out these illegalities also have to do a very deep heart reflection because the Zambians are upset. Zambians are watching this and they feel that even those that are helping them to push these illegalities, Zambians will not take it kindly. I think it is beyond MMD; it is beyond Nevers Mumba; it is now in the domain of the intelligent Zambian people to make deductions as to why the PF is so afraid of losing these elections after they had lost those three," said Mumba.

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