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| Mr Mangani |
The highest court in land has upheld the High Court decision to nullify the election Chipata Central MMD Member of Parliament (MP), Reuben Mtolo Phiri on grounds that he breached the electoral code of conduct.
Supreme Court Judge Marvin Mwanamwambwa said the court has established that Mr Phiri had engaged himself in illegal malpractices during his campaign which warrants the court to nullify the seat.
Mr Phiri had appealed against the High Court decision that nullified his seat in favour of the losing Patriotic Front (PF) candidate Lameck Mangani who petitioned the election of the appellant.
Judge Mwanamwambwa sitting with other Supreme Court judges said there was evidence that the appellant’s conduct in donating monies to United Church of Zambia (UCZ) and asking for votes went beyond philanthropic activities.
He said for an election petition to be nullified, it should showed that it prevented or could have prevented the majority of voters in that particular constituency from voting for their preferred
candidate.
“In the instance case, the learned trial judge found as a fact that the money or gifts the appellant made to the church and choir was an illegal or corrupt practice. On the totality of issues, we uphold the
nullification of the appellant’s election for breaching section 93 (2) (c) of the Electoral Act of 2006,” he said.
Other Supreme Court judges included Hildah Chibomba, Gregory Phiri, Munyinda Wankie and Elizabeth Muyovwe.
The court observed that the appellant’s conduct in donating KR1, 000 to Musamaria UCZ and another KR500 to another church Choir in Katopola when he was being introduced as aspiring MP and asking for votes went beyond philanthropic activities.
“We uphold the holding of learned trial judge that the conduct of Mr Phiri amounted to a corrupt illegal practice contrary to section 79 (1) (c) and section 93 (2) (c) of the Electoral Code of Conduct,” the
Judge said.
But Mr Phiri in his submissions through his lawyers from Eric Silwamba and Company said his donations were made to a group of people and not individual and could not therefore warrant to be philanthropic
activity which was not petitionable.
And in an interview after the nullification, Mr Mangani said the Electoral Act was a serious document which needed to be abided by all politicians and expressed happiness that the judgment was fair because what had been established was exactly what transpired in Chipata.
Mr Mangani said he would proceed to discuss with his party PF with the view of being adopted to recontest the seat.
Other by-elections expected were Feira, Kafulafuta and Solwezi East after the area MPs defected from MMD to join the ruling PF.
Meanwhile, the MMD has settled for provincial youth secretary, Elias Kangachepe as its candidate for next month’s Feira by-election following the defection of Patrick Ngoma to the Patriotic Front.
MMD chairperson for the elections committee, Kenneth Chipungu said in a statement in Lusaka yesterday that believed Mr Kangachepe was a credible person who would deliver victory for the former ruling party, which had been rocked with defections lately.
Mr Kangachepe is also a former councilor, council chairperson and MMD chairperson for Luangwa District.
“Having served in these portfolios in the recent past, we are convinced that he is politically mature and will propound the New Hope for Zambia doctrine to the best advantage of the electorate. Our
earnest appeal is to the electorate in the area to vote for him for prosperity,” Mr Chipungu said.
He said the adoption followed extensive consultations with various stakeholders and the local leadership and the subsequent submissions and recommendations from Feira Constituency.
The by-election is slated for June 20, this year.
