Wusakile MP protests

WUSAKILE Member of Parliament Pavyuma Kalobo has protested the swearing-in of UPND’s Mary Zimba as Luangwa ward councillor by Kitwe Town Clerk Mbulo Seke despite the matter being before the courts through an appeal.

Mr Kalobo said the case of Luangwa ward was before the courts of law and an appeal was a stay of execution itself unless Mr Seke had declared Ms Zimba as the winner and decided to swear her in as a ward councillor.

Mr Kalobo said a precedent had been set in the Mwanakatwe case where she wanted to file for a stay of execution but was told that an appeal was a stay of execution in itself.

This is in a case where Ms Zimba had petitioned the PF candidate, Mr James Zimba and the ruling upturned the result in favour of the UPND candidate. The PF candidate then appealed the ruling.

“I am surprised that Mr Seke decided to swear-in Ms Zimba when the Electoral Act was straight forward that the seat can only be declared vacant after a thorough conclusion by the Constitutional Court.

“The case of Luangwa ward is before the courts of law and an appeal was a stay of execution itself unless Mr Seke had declared Ms Zimba as a winner and decided to swear her in as Luangwa ward councillor,’’ Mr Kalobo said.

Mr Kalobo said, to avoid being contemptuous, he had decided to wait for the guidance on the matter regarding Luangwa ward petition.

And when contacted for a comment, Mr Seke said he decided to swear in Ms Zimba as there was no stay of execution.

“We did a search at the Magistrate and High Court but there was no stay of execution. We also did a search at the Constitutional Court, there was no stay of execution. This is why we decided to swear in Ms Zimba as Luangwa ward councillor,’’ Mr Seke said.