REST IN PEACE PF PARTY THE SUPREME COURT HAS SPOKEN.HUMBLE PIE IS VERY SWEET INDEED Zambia’s Supreme Court has just ruled that several former Members of Parliament from opposition Movement of Multiparty Democracy (MMD) and United Party for National Development (UPND) shall be allowed to re-contest their seats. The country’s highest court found that there had been impropriety to the procedure because the High Court was supposed to render reports to the Director of Public Prosecution if ever it found any thing criminal in the conduct of former MPs. The court says since the High Court did not render such reports, the eight former members of parliament are free to re-contest their seats. The court says it was not the highest court’s duty to direct the lower court to render reports. The sitting Patriotic Front (PF) government had been pressing against allowing these MPs to re-contest, after they had been removed in a politically controversial process. This landmark decision is attributed to the fact that the Acting Chief Justice Madam Chibesakunda, who has a record of decisions favourable to the sitting government, was asked to recuse herself from participating in the proceedings of election petitions. Justice Chibesakunda initially resisted the recusal for a while until the lawyers threatened to withdraw from representing their clients. Once Chibesakunda stepped down from the case, the number of the Supreme Court bench was subsequently reduced from 7 to 9, and the decisions on each MP were unanimous by the Supreme Court. The former members of parliament that are now free to re-contest their seats are Lucky Mulusa (MMD – Solwezi Central), Sydney Chisanga (MMD – Mkushi South), Victoria Kalima (MMD – Kasenengwa), Dr Eustarckio Kazonga (MMD – Vubwi), and Charles Kakoma (UPND – Zambezi East). By implication the decisions of the Supreme Court has a positive bearing for the pending applications by former MPs Maxwell Mwale (UPND – Malambo), Dora Siliya (MMD – Petauke Central), and Hastings Sililo (UPND – Mulobezi).
Posted on: Thu, 03 Jul 2014 14:07:58 +0000
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