Sioma MP Subulwa was duly elected – ConCourt

…trial judge applied wrong parameters leading to erroneous conclusion

THE Constitutional Court has overturned the nullification by the High Court of the election of Sioma Constituency Member of Parliament Mbololwa Subulwa and ruled that the independent member was duly elected. Mr Kaliye Mandandi of UPND had petitioned the election of Mr Subulwa and the High Court at Livingstone nullified the seat on account that the election was characterized with widespread character assassination. But Mr Subulwa appealed the nullification of his election in the Constitutional Court on grounds that the trial judge erred in both law and fact when he nullified his election on grounds that generally there was character assassination involving him and the other candidates. And the Constitutional Court held in its judgement read by Judge Palan Mulonda that the appeal succeeded on the aspect that it was not proved to the applicable standard of high degree or convincing clarity that the alleged character assassination was widespread such that it affected the election result. The court indicated that the trial judge exhibited a lack of understanding of the difference between a ward and a polling station. The court found that the judge applied wrong parameters thereby leading to the erroneous conclusion that the character assassination was widespread in all 38 was in the constituency when the 38 referred to was the number of polling stations in the constituency. The court reversed the finding of the trial judge that the character assassination was widespread and the order nullifying the election was set aside. “We reverse the finding of the trial judge that the character assassination was widespread. Consequently, the order nullifying the election of the appellant as the duly elected Member of Parliament for Sioma constituency is set aside “We instead declare the appellant as the duly elected member of parliament for Sioma Constituency,” judge Mulonda said. The court further ordered each party to bear their own costs as the appeal raised serious issues for determination.