Supreme Court upholds Kaoma MP’s election

co.zm” class=”f”>Times of Zambia by andrew Miti on 5/28/13

By PERPETUAL SICHIKWENKWE  –

THE Supreme Court has upheld the decision of High Court Judge Florence Lengalenga to declare United Party for National Development (UPND) Carlos Antonio as the duly elected Kaoma Member of Parliament (MP) in the 2011 elections.

Supreme Court Judge Muyinda Wanki said in dismissing losing Patriotic Front (PF) candidate Enock Maseka’s appeal against Ms Lengalenga’s judgment that the allegations by Mr Maseka that voters were influenced not to vote for him because Mr Antonio told them that he was a serial killer were nothing but hearsay.

Mr Justice Wanki said the court below could not be faulted over its finding that Mr Maseka failed to prove his allegations to a standard required in an election petition as his allegations were based on hearsay.

He said there was no corroborating evidence that Mr Antonio actually said the alleged words as it was evident in Mr Maseka’s own testimony that he was only told about it by other people.

Mr Justice Wanki said the rumours about Mr Maseka being a serial killer started way back in 2001 through to 2006 when Mr Antonio was not even a candidate in the elections.

Mr Maseka confirmed to the court that he did not know who started the rumours.

And commenting on the judgment, Mr Antonio thanked God for making him emerge the winner during the 2011 elections.

And commenting on the judgment, Mr Antonio thanked God for making him emerge