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Zambia Supreme Court

The Supreme Court yesterday nullified the election of Kapiri Mposhi and Lukulu West MMD members of Parliament.
MMD Kapiri Mposhi MP Lawrence Zimba was petitioned by losing Patriotic Front (PF) candidate Eddie Musonda but the High Court dismissed Mr Musonda’s petition, saying it lacked merit.

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In the Lukulu West petition, MP Misheck Mutelo was petitioned by PF’s Eileen Imbwae and his election was nullified by the High Court last year but Mr Mutelo appealed to the Supreme Court.

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Delivering judgement in Lusaka, Supreme Court judge Gregory Phiri said the High Court misdirected itself when it held that Mr Zimba was duly elected and there were no electoral malpractices.

Mr Justice Phiri said Mr Zimba was present at the material place where the former First Lady Thandiwe Banda was distributing money to groups of women.

“I find that K10 million was distributed to the groups of women and the respondent Mr Zimba] did not distance himself from these activities where women were urged to vote for MMD candidates. I find merit in the appeal and direct that fresh elections be held in Kapiri Mposhi,” he said.

Justice Phiri said Mr Zimba was actively involved in the distribution of money.

He said the High Court judge misdirected himself in mixing the requirements of the law.

Justice Phiri said it was not necessary to establish that the majority of voters were not prevented from voting for a candidate of their choice.

In the Lukulu West petition appeal, Supreme Court judge Elizabeth Muyovwe upheld the High Court’s decision to nullify Mr Mutelo’s election on grounds of electoral malpractices.

Ms Imbwae said she is happy with the outcome and is ready to re-contest the seat under the PF ticket.

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