PF MP appeals Chimwemwe seat nullification

PATRIOTIC Front;s Allen Banda has appealed in the Constitutional Court against the nullification of his election as Chimwemwe Member of Parliament (MP) contending that the lower court erred in both law and fact when it held that the failure by the presiding officers to provide a copy of a Gen 20 forms to agents affected the results of the elections.

Last week, High Court Judge Bubile Shonga, nullified the election of Mr Banda after establishing anomalies in the electoral process.

Ms Justice Shonga said that the failure to provide the agents with Gen 20 forms was a serious failure to adhere to the Electoral Process Act.

This follows a petition by losing UPND candidate Bornwell Matanda alleging bribery, unauthorised opening of ballot boxes and miss allotment of votes by the Electoral Commission of Zambia.

But Mr Banda in his memorandum of appeal contends that the trial judge erred in both law and fact when she stated that the real connection was in approximately 30 polling stations where Gen 20 forms were not availed and the petitioner was prevented from verifying the results captured at the totlaling centre when in fact Mr Matanda specifically contested the results for six polling stations only.

He stated that Judge Shonga erred in law and fact when she held that the noncompliance with Regulation 43(1) of the Electoral Process (General) Regulations, 2016 by Presiding Officers from two polling stations out of 85 polling stations affected the results of the election without considering the fact that the petitioner won at the two polling stations and the evidence indicating that the results from the two polling stations were not tampered with.

Ms Justice Shonga said that the failure to provide the agents with Gen 20 forms was a serious failure to adhere to the Electoral Process Act.