Lusambo launches fight to retain Kabushi seat
BOWMAN Lusambo yesterday launched his fight to recover the Kabushi parliamentary seat by filing an appeal in the Constitutional Court against the Ndola High Court judgement in which his election as Member of Parliament was nullified.
Mr Lusambo states that the Lusaka High Court Judge, Edward Musona, who sat in Ndola, erred in law and fact when he held that the voters were or may have been prevented from voting for a candidate of their choice due to the violence perpetuated by himself and his militia, called the Nato Forces.
“Take notice that Bowman Lusambo, being dissatisfied with the decision of the honourable Justice E.L. Musona delivered in the High Court for Zambia at Ndola on the 19th day of November 2021, in cause no.2021/HN/EP/001, intends to appeal to the Constitutional Court against the judgement of the court,” read the notice of appeal.
In this matter, Judge Musona on Friday nullified the seat following a petition by losing UPND candidate Bernard Kanengo who challenged the election of Mr Lusambo citing violence and corruption.
Mr Justice Musona in his judgement said there was evidence that Mr. Lusambo and his militia, perpetuated widespread violence and intimidation in four out of the eight wards of Kabushi constituency.
He also said that there was evidence that a lot of people received money which had been linked to Mr. Lusambo.
But Mr Lusambo in his Memorandum of Appeal filed in the Constitutional Court has raised four grounds of appeal.
Firstly, the applicant contends that Mr Justice Musona erred in law and in fact when he held that the reported violence in four out of eight wards amounted to widespread violence while acknowledging that Mr Lusambo may only have been present at two occasions when violence is alleged to have been perpetuated.