ConCourt rules PF’s Chewe is Lubansenshi MP

THE Constitutional Court has validated the election of Taulo Chewe as Lubansenshi Member of Parliament on the Patriotic Front party ticket.

In the judgement delivered by Judge Palan Mulonda, yesterday, the ConCourt reversed the High Court’s decision that nullified the Lubansenshi Parliamentary election results on grounds of electoral malpractice.

The election of Mr Chewe was declared void by High Court Judge Maria Kawimbe after evidence of malpractice following a petition by losing UPND candidate Patrick Mucheleka and an independent candidate George Mwamba.

But Mr Chewe represented by legal counsel Tutwa Ngulube raised 13 grounds of appeal among which is that the Judge erred in both law and fact when she held that the petitioners had proved their case to the required standard in an election petition when the evidence fell below the said standard of proof.

He contended that there was no evidence to substantiate that he was engaged in electoral malpractices and illegalities which affected the majority of voters in Lubansenshi constituency and as a result were prevented from freely choosing their preferred candidates.

Mr Chewe argued that it was an error in law and fact for the trial court to hold that the donation of K2, 000 and pledge of 50 bags of tile fix to the United Church of Zambia St. Mathews Congregation for building of their Reverend’s house was beyond philanthropic activities and as such amounted to an illegal act.

And PF Parliamentary Chief Whip Stephen Kampyongo advised Mr Mucheleka to focus on being a Permanent Secretary and not waste government time to sit in court.