The Supreme Court has overturned the Ndola High Court’s verdict that nullified the election of MMD Mbala member of parliament Mwalimu Simfukwe.
Acting Deputy Chief Justice Marvin Mwanamwambwa has ruled that trial Judge Timothy Katenekwa misdirected himself in law by nullifying the election of Mr Simfukwe.
Justice Mwanamwamba ruled that the allegations of electoral malpractices levelled against Mr Simfukwe were not proved to the required standard.
He upheld Mr Simfukwe’s lawyers’ arguments that that Judge Katenekwa shifted the burden of proof from Mr Evaristo Kasunga, the respondent and petitioner to Mr Simfukwe -the appellant.
Justice Mwanamwambwa ruled that it was due to the foregoing reasons that the Supreme Court has allowed Mr Simfukwe’s appeal.
In 2012 Ndola High Court Judge Timothy Katenekwa nullified the elections of Mr Simfukwe as Mbala member of parliament.
Judge Katenekwa noted that the petitioner Evaristo Kasunga of Patriotic Front-PF had proved that the voters in Mbala were influenced by Mr Simfukwe’s electoral malpractices.