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
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Don’t underrate opposition financial sources, RB urges MMD
Thursday, December 16, 2010, 9:19
By Lusakatimes
President Rupiah Banda has advised MMD members not to underestimate the financial muscle of the opposition warning that doing so would kick the ruling party out of governance in next year’s general elections.
Speaking at the MMD fundraising dinner dance in Lusaka yesterday, President Banda told party members that
the MMD was not the only party with financial resources. President Banda urged officials to
emulate the opposition’s financial mobilization skills by
bringing businessmen and women closer to the party.
He said MMD needed to broaden and decentralizing its fundraising efforts to include grass-root members and the general public contributions to fundraising activities.
“Don’t underestimate our opponents, don’t think you are the only ones with resources because you don’t know where the opposition get their resources from. We have to work hard at being in good terms with the business community. Listen to them, understand their problems and do something about it.
He observed the need for strengthening his party and expressed worry that if his party exhibited complacency, a united opposition would take over the country.
“I want to state that it is incumbent upon us members of the party to realize that the more we achieve, the more people will oppose us because they want to takeover and claim these achievement. So we have to work very hard and remain united. We should not be confused because we are going towards elections and everybody wants to contest positions. Let’s do it in a sensible manner so that we don’t split our party,” He said.
And party chairman Michael Mabenga said he would ensure that President Banda stands as the party candidate at the 2011 elections. He said the party is convinced that President Banda would bounce back as republican president with a fresh five-year mandate.
Meanwhile president Banda who has welcomed the court’s decision to nullify the Mufumbwe parliamentary election results in which opposition UPND’s Elliott Kamondo was elected MP, said he would not defend any party members that would be found wanting for promoting electoral violence.
Labels: CORRUPTION, ELLIOTT KAMONDO, FINANCE BANK, MICHAEL MABENGA, MMD, RUPIAH BANDA
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Mufumbwe celebrates MMD defeat
By Speedwell Mupuchi and Jane Mwakasungula in Mufumbwe
Sat 01 May 2010, 04:10 CAT
UPND cadres marching with a mock coffin symbolising the death of the MMD in Mufumbwe yesterday -Picture by Abel Mambwe
MUFUMBWE residents erupted into ululations and jubilation yesterday when the UPND candidate in the by-election Elliot Kamondo was announced winner of the poll. And UPND leader Hakainde Hichilema said his party’s victory meant another demonstration by Zambians desiring change.
Returning officer Rodgers Chiyang’a announced Kamondo was the duly elected member of parliament for Mufumbwe at 12:45 hours. Kamondo who polled 5,313 votes to beat his closest rival, MMD’s Mulondwe Muzungu who polled 5,009 votes while the UNIP candidate Stephen Kamwengo polled 180 votes.
Ballot papers from three polling stations were delayed for about four hours.
The results from the last polling station only came through at 12:15 hours.
Immediately the declaration was made, the whole Mufumbwe boma broke into songs.
“Twalishiba fwebene eh, twalishiba fwebene eh, change eh, change eh, change eyo tulefwaya! (We know ourselves what we want, it’s change we want),” sang the high-spirited Mufumbwe residents. “Uno mwaka muleya, eh, uno mwaka muleya eh, iyaya elele, iyaya elele mama Pact iyo yaisa (You are going this year, here comes the Pact).”
The supporters walked to Freedom Square and waited to be addressed by Hichilema.
Meanwhile, there was an ugly exchange of words during announcement of results at the civic centre when Chiyang’a wanted to change the result of Kapenzhi polling station long after they were recorded on the chart.
The results, as agreed by stakeholders and recorded on the chart, read that UPND polled 364 while the MMD got 112.
Chiyang’a even announced other results from other polling stations when an officer from the Electoral Commission of Zambia went to him talk to him about the results of Kapezhi polling station.
Chiyang’a then announced that there should be an amendment to the results to read that MMD got 212.
As soon as he said this, the UPND officials reacted angrily to the suggestion.
“Stop doing that, don’t start misbehaving like that. I am coming from the polling station (Kapenzhi), we know you,” Copperbelt UPND chairperson Elisha Matambo retorted while pointing at the ECZ officer.
“You did the same in Kangwena and in Solwezi, now you want to change by 100 votes? Stop that...”
Matambo reminded Chiyang’a and the ECZ officers that they went to the polling station together with Mufumbwe Council secretary Aaron Kamalondo, the district election officer.
“Can you respect the will of the people!” he said.
Later the UPND called their vice-president Richard Kapita and he too reasoned with the officers saying Kamalondo and his team even blamed him for taking them to Kapenzhi polling station in the night.
“We knew there would be problems. He (Kamalondo) is aware of this. The result we got at the polling station is 112 for MMD, why do you want to change now? He (Kamalondo) is even ashamed,” said Kapita.
The election officers tried to argue that the records presented by the presiding officer had 212 votes for MMD.
This forced the officers to bring in the presiding officer to confirm his record but the UPND rejected the idea insisting that the results recorded on the score chart were the correct ones.
The UPND members, whose tampers were high, stood their ground and the matter was stood down, for consideration later.
The matter was only resolved after the final results were announced and the UPND through their chairperson for legal, Jack Mwiimbu, made a conditional concession to allow the alteration (give MMD the 100 votes) provided there would be no further alterations.
And around 03:00 hours, Chiyang’a announced that results from about five remaining polling stations would only be known around 07:00 and 08:00 hours.
However, the results took long raising suspicion that MMD wanted to tamper with them.
Results from about three polling stations were ferried to the totaling centre around 09:00 hours while a hour later, results from another polling station were announced.
Meanwhile, celebrations of Kamondo’s victory started around 03:00 hours when word leaked that he was headed for victory.
UPND agents and officials obtained results from all the polling stations by 23:00 hours and were merely confirming them at the totaling centre.
Several people stayed awake singing songs and dancing.
The people even made a mock coffin and wrapped it in an MMD Chitenge material and started marching along the road with it.
“Muzungu alala, alalaa! MMD yalala, yalala!” sang the elated cadres, some of whom powdered their faces white.
The jubilation grew bigger around 11:00 hours when UPND leader Hakainde Hichilema and Kamondo walked to the totaling centre to check on the process which was being delayed.
The UPND supporters raised the UPND symbol while calling Hichilema, Obama.
Earlier, Muzungu arrived together with Inspector General of Police, Daniel Kalenga, Elijah Muchima and Richard Taima.
Muzungu and Kabonde stayed in the totaling centre for about 15 minutes and was seen recording some of the results before walking out.
Kamondo said he was humbled and happy that the will of the people prevailed in spite of intimidation from the MMD. He thanked Mufumbwe residents for their courage amidst violence perpetrated by the MMD thugs.
“I thank the people of Mufumbwe for their confidence in me,” he said.
Hichilema said Zambians had made a decision that no one would stand in their way of change. He said people should read in between lines whenever they saw a clear message.
He explained that Mufumbwe had always been controlled by the ruling party.
“This is the first time that an opposition party is winning an election in Mufumbwe. The people of Mufumbwe are part of the Zambians who have made a decision to change,” said Hichilema.
He said he was waiting to hear from critics of his party, that it was going down.
Hichilema said his leadership was working as evidenced in victories in recent elections.
He said the UPND won local government elections in Gwembe and Shilenda.
“This party is growing,” he said.
“For Rupiah Banda, I say there is no need to put people in detention without any reason. There is no need to bring brutality to a democratic process like this one. Our people were battered.”
And MMD member Mundia Ndalamei who sat through the totaling process said the UPND’s win was just luck.
He said the MMD would now mobilize the grassroots for 2011 elections. He said the MMD tried but could not match the UPND’s popularity.
He also said it was unfortunate that many people did not cast their ballots because of the violence that characterised the campaigns.
Labels: BY-ELECTIONS, ELLIOTT KAMONDO, MMD, UPND
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Mufumbwe by-election candidates confident of victory
By Speedwell Mupuchi and Jane Mwakasungula in Mufumbwe
Thu 29 Apr. 2010, 04:40 CAT
UPND president Hakainde Hichilema addressing thousands of people at the rally in Mufumbwe on Tuesday for the by-election slated for today-Picture by Abel Mambwe
CANDIDATES in today’s Mufumbwe parliamentary by-election are bubbling with confidence of winning the seat against the backdrop of skirmishes between MMD and UPND cadres in the campaigns.
The by-election was occasioned by the death of MMD area member of parliament Misheck Bonshe. UPND’s Elliot Kamondo, 45, said he was expecting victory after campaigning for over three weeks.
“We have gained a lot of momentum and all we are expecting is victory,” said Kamondo, a local businessman and former school teacher. “A few might be intimidated by the violence that might bring about voter apathy, but the momentum is too high, and according to my survey and the last rally we had, it shows we are heading for victory.”
Kamondo said in all the 16 wards in Mufumbwe, the MMD had done nothing in terms of development.
He said after his victory, he would have a lot to do in education, health, youths and women issues.
“I have a big challenge but we have to work hard in order to sort out some of these challenges,” said Kamondo.
UPND campaign manager Watson Lumba said he had no doubt that Kamondo would win today’s election even with the violence by MMD and intimidation by some chiefs.
Hakainde Hichilema, addressing a public rally in Mufumbwe on Tuesday said the MMD was a barren party that had failed to produce fruits in nearly 20 years of its existence.
He likened MMD to a person who marries a wife and for 19 years bear no child and when the woman wants to leave for a productive man, he tells her to give him five more years.
“Come to me and Kamondo who bear children, MMD is barren,” he said.
Hichilema said MMD should leave power for people who were serious to address the challenges in the nation.
He promised to change the system under the fertiliser support programme by giving people free fertiliser for three years so they could grow food all year round.
He also told the people that his government would offer free education from grade one to university.
Hichilema condemned President Banda for flying around in a helicopter and not driving to see the suffering of the people.
“In Kaminzekezeke, Miluji, Mushima, Lalafuta, there are no roads, you have to pass through Kasempa to access them, I have been to these places,” Hichilema said.
He urged voters to vote for Kamondo and promised to ensure that a bank and a filling station were taken to Mufumbwe.
“It’s time for Muzungu and Rupiah Banda to retire, we will look after them. Muzungu was member of parliament and minister when I was a student at the University of Zambia. What is it that he wants to do now which he failed to do when he was a minister?” asked Hichilema. “Don’t waste your time on Kamwengo because there is no UNIP anywhere in the country.”
Hichilema promised to take 20 heads of cattle for celebrations if the people voted for Kamondo. And UNIP’s Stephen Kamwengo said he would win today’s by-election. Kamwengo said people in the area did not need Muzungu because he was very old and a failure while Kamondo was tribal.
The 37-year-old Kamwengo said he was a local person. He said Mufumbwe was under-developed.
“There is no bank in Mufumbwe, there is no filling station and the M8 road Mutanda – Chavuma people want it completed, if they want it uncompleted, let it remain so where MMD member Ronald Mukuma is,” he said.
Kamwengo said Mushima area had no single communication infrastructure, signifying the failure of the MMD.
“They have turned Kasempa into their district, the Kalengwa – Mushima road was only worked on during the Kaunda era. The road to chief Mushima’s area is like a stream. I doubt if people can vote for the MMD with that failure. Muzungu has even failed to build a house at his own farm here so there is no reason why people should vote for him,” he said.
Kamwengo said at Kaminzekezeke, there was only a ramshackle of a clinic and since UNIP left, no single school had been developed in Mushima area.
“Let’s take Kamwengo to parliament to sort out this place. We need an MP who will also make the council work and I am such a person,” said Kamwengo
Kamwengo said as for the UPND, they were advancing Hichilema’s 2011 candidacy and not Kamondo.
Muzungu refused to say anything, accusing The Post of unprofessionalism in its reporting.
MMD campaign manager Daniel Kalenga said Muzungu who had been parliamentarian, minister and diplomat before would straight away start working when elected in today’s election.
He said the other candidates would struggle to learn how things were done.
“We expect a win, we have done our homework,” declared Kalenga.
Labels: ABEL MAMBWE, BY-ELECTIONS, ELLIOTT KAMONDO, HAKAINDE HICHILEMA, MISHECK BONSHE
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