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Kakoma Free to Run For Elections, Rules Court
FORMER United Party for National Development Zambezi West member of Parliament (MP) Charles Kakoma will today file his nominations for re-election following a High Court judgment which has allowed him to do so.
This is in a matter in which Patriotic Front (PF) candidate Christabel 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.
Ms Ngimbu wanted the court to prepare a report which would be delivered to the Electoral Commission of Zambia (ECZ) and the Director of Public Prosecutions (DPP) 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 the DPP to prosecute Mr Kakoma for corrupt and illegal practices under the same Act based on the report.
She said according to a Supreme Court judgment, Mr Kakoma’s election was nullified after he was found to have engaged in corrupt and illegal practices.
Ms Ngimbu said because the Supreme Court judgment takes precedence, the High Court is supposed to prepare a report indicating the corrupt activities which would be submitted to the ECZ.
Mr Kakoma contended, through his lawyers Jack Mwiimbu, Gregory Phiri and Keith Mweemba, that the Supreme Court judgment cannot be enforced as though it was of the High Court.
The lawyers argued that the said report can only be rendered by the High Court based on its findings and not that of the Supreme Court and that this should have been done after hearing Mr Kakoma on the matter.
Mr Kakoma’s lawyers argued that the High Court did not find that he committed corrupt and illegal practices and that preparing a report based on the Supreme Court judgment would be asking the High Court to change its mind.
In delivering her judgment, High Court judge Judy Mulongoti said 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.
She said her court did not find that he committed illegal or corrupt practices. Therefore, he cannot be barred from contesting elections for five years.
Justice Mulongoti said it is mandatory for the High Court to prepare a report where it finds that any corrupt practices were committed but that it is not a requirement to name or provide particulars of concerned persons as that is discretionary.
“The latter part of section 104 (6) is effected after the High Court has given an opportunity to the concerned persons to show cause why they should not be so named,” she said.
Justice Mulongoti said based on the report, the ECZ can instruct an officer to prosecute any person stated in the report.
She said criminal prosecution is the discretion of the DPP and that he is the one who can initiate such proceedings.
Posted by
GIFT
August 12, 2014 at 10:02 am
Viva UPND.This time around ni UPND cabe! you lie us also you are gone in 2021
Ka Gelo
August 12, 2014 at 11:49 am
So you know that it is only in 2021?
KALUNDA
August 12, 2014 at 10:54 am
i cnt wt 2 vote
HUMPHREY
August 12, 2014 at 12:02 pm
IT IS A SHAME FOR THE COURTS AND THE JUDGES TO BE CONTRADICTING THEM THEMSELVES OVER THE JUDGEMENT WHICH THEMSELVES RULED. NOW THEY COURT AND JUDGES START TELLING US THAT THEY CAN’T BAR CORRUPT PEOPLE LIKE KAKOMA TO CONTEST ELECTION. WHY DID IN THEY FIRST PLACE NULLIFIED THEIR SEATS AND SAY IT WAS DUE TO CORRUPTION THEY INVOLVED IN. SHAME JUDGES FOR BE CORRUPT ALSO. ALL THEY JUDGES AND COURTS IN THIS COUNTRY ARE VERY CORRUPT THAT IS WHEN WISE PEOPLE IN THIS COUNTRY CAN’T TRUST THEM.
Isaac
August 12, 2014 at 3:00 pm
My brother sane thinking pipo are really in dilemma, how come the court nullified these seats in the first only to be given green light to recentest by another judge of the same building? It is confusing the say the least.
petros
August 12, 2014 at 5:08 pm
why go 4 elections then?the high court is today saying da man did not involve himself in corrupt practices.he would b given seat he won period.
Isaac
August 13, 2014 at 7:41 am
Why should we go and vote again, when the man has been given green light? He should just retake.
Village Chicken
August 12, 2014 at 9:35 pm
Winter Kabimba loses ( Nafuti Nafuti) before Judge Mulongoti in a matter defended by Mwiimbu in crushing Ngimbu… Kekekekeke!!!
Toka Kari
August 13, 2014 at 12:40 am
Kashi election corruption tabakaka. If the seat was nullified as a result of corruption, that guy should have sentence to a jail term. To just say, there was corruption and end there, things will not change.
kanono
August 13, 2014 at 2:26 am
Let’s just regalise corruption rather than hiding in the names courts of courts,its not making sense,judges sud be serious bcoz we luk up to them to punish the perpetrators bt they are the first ones to free them,shame to u judges
General Kanene defender.
August 13, 2014 at 6:35 am
HH ewabakofye. Viva UPND & its supporters
Isaac
August 13, 2014 at 7:43 am
Why sounding proud over Akainde,the man will never and will not achieve what he is fighting for the words we are talking should be marked!