LUBANSENSHI independent member of Parliament (MP) Patrick Mucheleka has lost his seat after the Supreme Court overturned the High Court ruling that he was duly elected.
Supreme Court Judge Albert Wood sitting with judges Hildah Chibomba, Gregory Phiri, Elizabeth Muyovwe and Evans Hamaundu yesterday nullified the seat, citing electoral malpractice.
Losing PF candidate Lazarus Chota petitioned the election of Mr Mucheleka in the High Court in 2011 but the Ndola High Court dismissed his petition.
In his appeal, Mr Chota stated that he was dissatisfied with the judgment delivered by Judge Petronella Ngulube which declared Mr Mucheleka as duly elected.
He argued that the High Court judge misdirected herself when she said the petitioner had to prove that the majority of voters were prevented from voting because of the electoral malpractices complained of.
Mr Chota also said the trial judge erred in law when she held that the allegation of “treating” was not proved to the required standards and that refreshments are a mere incident to a political meeting and not an offence.
Mr Chota, however, contended that the Electoral Act prevents any person from corruptly providing money to buy food or drinks during elections for the purpose of soliciting votes.
He also argued that the judge misdirected herself when she awarded costs to Mr Mucheleka whose symbol was an axe but used PF materials for campaigns, on the premise that Mr Chota’s application was frivolous.
Speaking in an interview after the judgment, PF deputy secretary general Mumbi Phiri said this is good news for the party and it is ready for the by-election.
“We are very ready for this by-election and we would just like the people of Lubansenshi to give us all the support as we develop this nation,” Mrs Phiri said.
She said Mr Chota pursued the matter all the way up to Supreme Court and it is just right that the party adopts him.
And Mr Chota said he was happy that the court ruled in his favour as he was very patient with the court process.
He said this is an example that a person cannot win elections through malpractice.
New Educated Zambia©❤√
August 1, 2015 at 8:32 am
More money in your pockets ati ifintu ni lungu. You will continue starving should you vote pf in 2016
shimpundu mapuli
August 1, 2015 at 9:01 am
This is so shockn another by costly election and pipo r suffering wit a lot of challanges bt PF is happy. I think govt(@pf)as a hand in it,surelly hw can an independent mp can do dt?gentlemen come 2016 let’s flush out this corrupt govt or else tukalya echani ngabapita bamumbwe aba again
akulotenifye
August 1, 2015 at 9:41 am
Very shocking news!
NAPACHEPA
August 1, 2015 at 10:42 am
there is nothing shocking about this just last week UPND createed a by election what did u say: we welcome u GBM Big fish (factor). we know UPND are baby cries, a part of boastiful pipo but shallow minded just imagine the entire part failing to figure out happens when an MP crosses the floor.
Mambwe
August 1, 2015 at 10:52 am
PF is simply following the law come 2016 Ifintu ni Lungu
jabi
August 1, 2015 at 11:23 am
Mucheleka now you can re contest on your party upnd&lets see if you can retain lubansenshi const!
The Spartacus
August 1, 2015 at 12:52 pm
@least UPND is going to have to MPs frm Northern Province this is th beginning of inroad to Northern..twanaka na Lungu
charity tengeleko
August 1, 2015 at 1:34 pm
its now geting out of hands it haz become de order of de de shit at de expense of poor zambians
sinx
August 1, 2015 at 1:53 pm
You mean even lubansenhsi will be for under5? It can’t be PF will take it so that we show the under5 that wile are still recruiting pipo.
samaki
August 1, 2015 at 3:06 pm
every mp from the opposition won the election via imichisha chinani? this is not good at all. .wasting money for by elections. the bible says ichipimo upiminako abanobe, naiwe echo bakakupiminako… by elections throughout awe naba voter nabo balanaka…. think of other things…. ifintu nomba ma by election insala noku voter tafwakabombe…. viva HH
Mulenga
August 1, 2015 at 3:32 pm
Ba pungwa family mwalashupa ifi bye elections ubwingi or is this what you call unprecedented develpment awe ifi tefintu
peter mathotho
August 2, 2015 at 8:36 am
upnd creared 1 by election (kasama central) so why cry .This shows how weak our opposion is .pf has a good direction ..
Onyx power @vampiro
August 1, 2015 at 3:35 pm
Can any upnd sympathizer explain to me what their constitution says regarding hand picking of gbm to be veep.
Hello Haters
August 1, 2015 at 7:45 pm
Am sure these PFools, with nkongole kaloba funding “eurobond” there are now ready to juggle up more parliamentary seats, next will be chongwe, i knew kasama central and lubansenshi was just waiting for kaloba funding, with funding coming in, keep watching them misuse and misplace priorities that your fintu mwalefwaya katusele banyeko ohh sole babombeko.
Gersmary's
August 1, 2015 at 8:07 pm
I wish there was only one “Judgement day” for all the ‘petioned’ bye-election in a year! and l wish the constitution could’ve given powers to the affected people or the electorate to recall both defectors and non-performing MPs in a different way other than bye-election. otherwise, the main problem lies with both the ECZ and our contitution.
mk daddy
August 1, 2015 at 9:47 pm
ba PF mapuli yabo naiwe we ulesapota mapuli yo be
kakolwe
August 2, 2015 at 2:33 am
Its OK if they are male. Why would you wonder about them ‘yabo’. Isn’t it the first thing every mother looks at to tell what she has delivered to earth?
John kabengele
August 1, 2015 at 10:06 pm
I am very confident, he will win Mucheleka, depending on which ticket, whether UPND or independent .
Chitutuma
August 2, 2015 at 4:06 pm
Masquerading as MP, always talking trash about everybody in government, from national president down to all kinds of issues. The chap was indeed one big charlatan, now payback is come. He must refund every penny he pinched by false pretence!