Prof Luo’s case: Judge orders probe
NDOLA High Court Judge Edward Musona has ordered the registrar of the Judiciary to investigate the whereabouts of video allegedly containing scenes of violence that characterised the Munali Parliamentary election in 2016.
This is in a case in which PF Munali MP Professor Nkandu Luo is challenging the nullification of her seat in the Constitutional Court (ConCourt) after Justice Musona ruled in favour of her opponent Doreen Mwamba of the UPND.
Earlier the ConCourt directed Justice Musona to view the video together with both parties and submit supplementary bundles to the record of appeal as well as the findings by March 29th, this year.
This was in an appeal application by Ms Mwamba who wanted to know whether the bench had jurisdiction to u-turn or review its own ruling.
But when the court was called to order yesterday, Justice Musona asked the party responsible to present the video before court.
Ms Mwamba through her lawyer, Gilbert Phiri, said she did not have the video as it was in the custody of the court and that she expected Prof Luo to avail the video as she was the one that took the matter to court. "On July 18 2017, the disputed video was viewed in the presence of the master of the ConCourt. Two copies were submitted and have not been returned to us. It is therefore our view that it is the responsibility of the appellant to avail this court with the video," Ms Mwamba said.
And Prof Luo argued through her lawyer Bonaventure Mutale, that there had been some lapses in those responsible for the management of the video especially the registrar of the ConCourt.
"The explanation given by my colleague Mr Phiri as to the whereabouts of the video now confirms that it is actually in the custody of the court.
"Clearly there has been some lapses in those responsible for the management and control of the video especially the registrar of the Concourt, " Pro Luo said. Justice Musona therefore, reprimanded parties saying failure to bring the video was a backlog to cases.
He ordered the registrar to investigate the matter and ensure that the video was brought to court today.
"I do not want a backlog of cases in my court.
“I order the Chief Registrar of the Judiciary who is the director of court operations to investigate this matter. If it turns out that this omission was as a result of failure of his officers then he should cause heads to roll. Avail the video and also adequate facility for its viewing to be put in place, “Justice Musona said.