High Court concludes hearing petition by MALANJI & LUSAMBO
By Hannock Kasama
The Lusaka High Court has concluded hearing a petition where former Patriotic Front-PF- KWACHA Member of Parliament JOSEPH MALANJI and his KABUSHI counterpart BOWMAN LUSAMBO have challenged the rejection of their nomination papers for the suspended Parliamentary by-elections.
Judge MWAPE BOWA sitting with Judges LOMBE PHIRI and SHARON NEWA has reserved Tuesday next week for the delivery of a ruling in the matter.
In the submissions before the conclusion of the hearing , the Electoral Commission of Zambia (ECZ) Lawyers said that the commission did NOT usurp the power of the court by rejecting the nomination papers of Mr. MALANJI and Mr. LUSAMBO.
The ECZ Lawyers argued that the commission merely implemented its administrative function.
AND Solicitor General MARSHALL MUCHENDE asked the court to confine its ruling to the relief that the petitioners are seeking.
But the petitioners’ Lawyer MAKEBI ZULU responded that the Constitutional Court has already delivered its verdict on the eligibility of Mr. LUSAMBO and Mr. MALANJI.
Another petitioners’ Lawyer TUTWA NGULUBE noted that the High Court has jurisdiction to order the ECZ to conduct fresh nominations following the Constitutional Court’s judgment that those whose election results have been nullified by the courts of law are eligible to re-contest.
Augmenting the submissions, Lawyer JONAS ZIMBA asked the Court to grant the petitioners’ the relief they are seeking on their disputed nominations for the parliamentary by-election.
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