COURT REJECTS MALANJI,LUSAMBO APPEAL

By Hannock Kasama

The Court of Appeal has dismissed an application to discharge the stay of proceedings in the matter where Former Patriotic Front-PF KWACHA member of parliament JOSEPH MALANJI and his KABUSHI counterpart BOWMAN LUSAMBO have contested the rejection of their nomination papers.

Judge KELVIN MUZENGA has based his ruling on grounds that the application filed by Mr. MALANJI and Mr. LUSAMBO lacks merit.

Judge MUZENGA has dismissed the contention by Mr. MALANJI and Mr. LUSAMBO that they would be adversely affected by the stay of proceeding as their matter is time bound, within 21 days.

He has underlined that the High Court will still have jurisdiction to deliver the judgment in the matter after the Court of Appeal discharges the stay.

Judge MUZENGA has also over ruled the argument by Mr. MALANJI and Mr. LUSAMBO that the Court of Appeal does not have jurisdiction over their matter pursuant to article 52 sub-article four of the constitution.

He has said the provision does not specify the court where dissatisfied individuals can file their appeal.

Judge MUZENGA has however underlined that article 131 of the constitution gives power to the Court of Appeal to hear appeals from the High Court.

In the matter the state is being represented by Solicitor General MARSHALL MUCHENDE and other state advocates while Mr. MALANJI’s and Mr. LUSAMBO’s lawyers are MAKEBI ZULU and JONAS ZIMBA.

The ECZ is being represented by its lawyers THERESA PHIRI and BWALYA MUKUNSA.

On Friday the Court of Appeal issued an exparte order to the stay proceeding in proceedings in the matter where Mr. MALANJI and his KABUSHI counterpart BOWMAN LUSAMBO have contested the rejection of their nomination papers.

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