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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