THE Patriotic Front (PF) has asked the Supreme Court to stay the Zambezi West by-election until determination of an appeal against a judgment which allowed former member of Parliament (MP) Charles Kakoma to re-contest the seat.
This is according to an ex parte summons filed by PF candidate Christabel Ngimbu for an order to stay the elections for Zambezi West which are scheduled for September 11 this year.
Ms Ngimbu said through her lawyer Bonaventure Mutale that the Electoral Commission of Zambia (ECZ) has not yet printed the ballot papers for those elections.
And according to a notice of appeal filed in the High Court, Ms Ngimbu said she was dissatisfied with the whole judgment delivered by High Court judge Judy Mulongoti.
She said in her memorandum of appeal that the court erred when Justice Mulongoti refused to enforce the judgment of the Supreme Court delivered in October last year which is in accordance with Section 9 of the Supreme Court Act, Chapter 25 as read with Section 104 of the Electoral Act number 12 of 2006.
Ms Ngimbu said the lower court misdirected itself despite the fact that Supreme Court judgments are binding on the High Court, adding that Justice Mulongoti ruled that she would prepare a report solely on the findings of her court.
She added that Justice Mulongoti erred in law and fact when she ruled that she would not name the person found guilty of corrupt and illegal practices in her report on grounds that she had made no such findings in the High Court.
Ms Ngimbu said an appeal is a re-hearing on record and judgments of the Supreme Court are binding on the High Court.
Ms Ngimbu petitioned the High Court to determine whether Mr Kakoma committed corrupt and illegal practices in connection with the parliamentary elections held on September 20, 2011.
She wanted the court to prepare a report which would be delivered to ECZ and the Director of Public Prosecutions that Mr Kakoma committed corrupt and illegal practices during the election.
She also wanted the court to bar Mr Kakoma from contesting any parliamentary election for a period of five years from the date the report would be prepared.
Ms Ngimbu also wanted the court to enforce the Electoral Act number 12 of 2006 and for the DPP to prosecute Mr Kakoma for corrupt and illegal practices under the same Act based on the report.
Justice Mulongoti in her judgment allowed Mr Kakoma to file his nominations yesterday, and that she would render a report based on the proceedings that were before her when she determined the election petition.
Justice Mulongoti said it is cardinal for Mr Kakoma to be heard before his name or particulars are stated in a report as being found guilty.