Nullify Chisopa’s election-Sangwa

By VIOLET TEMBO LAWYER John Sangwa has asked the Constitutional Court to nullify the election of Davis Chisopa as Patriotic Front Member of Parliament (MP) for Mkushi South.

Appearing for the appellant, losing UPND candidate Sdney Chisanga in the appeal, Mr. Sangwa submitted that the first respondent was by law based on constitution a disqualified person by virtue that he held a public office as provincial minister.

Mr. Sangwa, a Constitutional lawyer cited Article 72 of the constitution sub article (2) paragraph (2b) and article 256 of the constitution as containing the definition therein.

He stated that the respondent in the appeal did have access to state resources, a circumstance that placed him in the advantage in the race.

He said the respondent should not have received a salary during the election while he held the public office as minister because it gave him undue advantage. He argued that it was not in dispute that the respondent got money from government coffers and there was no evidence on how it was spent. “The difference between the two who contested for the election is material. There is sufficient evidence that he accessed government money. “It is not just access to the resources but occupying of an office which the respondent should not have occupied at the time. He enjoyed that privilege placing him in an advantage,” he argued.

Mr. Sangwa added that it was the responsibility of the court to determine whether irregularity in the election impacted the win.

He submitted that the lower court did not interrogate the three grounds citing section 97 of the Election Process Act.

He implored the court to nullify the election of Mr. Chisopa as member of the National Assembly.

Appearing for the first respondent Davis Chisopa, Lawyer Bonaventure Mutale argued that the first respondent had advantage over appellant by virtue of having access and occupying the public office.

Mr. Mutale said his client campaigned and contested the election not as minister and but as an individual.

Mr Mutale submitted that the appeal had no substance hence it ought to be dismissed.

Meanwhile second respondent in the appeal, Electoral commission of Zambia (ECZ) Rodrick Mukuka submitted that the appeal ought to fail as the commission did not misconduct the elections.

He said the lower court made its decision in chambers hence should not have come out as an appeal to the court when the appellant was contesting the production of the documents.

He said the appellant did not object production of the documents when they were being tendered as evidence in the lower court. ECZ submitted that the appeal be dismissed

The court has since reserved ruling on the appeal.