UPND candidate appeals petition ruling

LOSING UPND candidate Mwape Allan Chansa has appealed in the Constitutional Court against the High Court’s decision to dismiss his petition challenging the election of David Mabumba as Mwense constituency Member of Parliament.

Mr Chansa asked the High Court to nullify Mr Mabumba’s election on the PF ticket because the elections were married with malpractice.

However, Mr Mabumba applied that the Court dismisses the petition because it was filed out of time.

High Court judge Mercy Makubalo in her ruling dated September 10, 2021, dismissed Mr Chansa’s petition as the court had no jurisdiction to hear a petition filed outside the time fixed by statute.

“It was argued by the petitioners that August 17, 2021 was declared a public holiday for the purpose of swearing in the President elect at the time. The petitioner contended that meant the 14 days within which they were to file the petition ended on the 28th August, which was an excluded day as it was a Saturday. Consequently , the petition was filed in time on 30th August 2021,” she said.

“I have considered the averment by the petitioners and it is apparent that 17th August 2021 was not declared a holiday as it was not the day when the President was sworn in. This argument by the petitioners therefore is unsubstantiated,” she said.

But Mr Chansa in his appeal has argued that Ms Justice Makubalo erred in law and in fact when he ruled that the matter be dismissed on the point of law on the ground that the court had no jurisdiction to hear the matter.

He also stated that the Judge erred in law and fact when she interpreted the provision of the Constitution that he was out of time when he filed the petition.

Mr Chansa lastly contended that Ms Makubalo erred in law when she failed to consider the election petition on merit and disregarding the public interest of the people and their right to vote.