By PERPETUAL SICHIKWENKWE  –
ONE of the lawyers representing losing United Party for National Development (UPND) candidate for Munali constituency yesterday admitted that there is nothing on record that shows that PF Munali Member of Parliament (MP), Professor Nkandu Luo participated or sponsored the violence which happened in Munali Constituency during the 2016 election campaigns.
The Lusaka High Court based one of its reasons for nullifying Prof Luo’s seat on the violence which happened in Mtendere where a UPND campaign bus was attacked by suspected PF cadres.
UPND lawyer Gilbert Phiri submitted to the Constitutional Court (ConCourt), headed by a panel of judges comprising of Ms justice Anna Sitali, Mungeni Mulenga, Enock Mulembe, Prof Margaret Munalula and Mr justice Martin Musaluke that although there was no direct evidence linking Prof Luo and her agents to the violence, she benefited from what happened as it affected the outcome of the election results.
Mr Phiri said the question of him having direct evidence to show that Prof Luo and her agents were linked to the violence was beyond him, but urged the court to take judicial notice that a bus belonging to the UPND was attacked by people wearing PF regalia as was seen in the video.
This is in a matter in which Prof Luo has appealed to the ConCourt against the Lusaka High Court’s decision to nullify her seat on the grounds of electoral malpractices.
Prof Luo however, through one of her lawyers, Bonaventure Mutale, said the video evidence of violence which excited Ms Mwamba to base her allegations to have the Munali seat nullified by the High Court was irrelevant as it only related to one incidence of violence and there is no proof that his client sponsored the violence.
Mr Mutale said the video about violence in one of the wards in Mtendere did not assist Ms Mwamba to confirm that one incidence of violence was widespread and could have prevented electorates from voting.
He said Ms Mwamba did not adduce any evidence of widespread violence in Munali constituency which confirms that people were prevented from voting for her.
Another lawyer, Milingo Lungu urged the court to set aside the order of the high court on grounds that there was no evidence of widespread violence in the constituency which could have prevented the majority of voters from voting for Ms Mwamba.
Mr Phiri urged the court to sustain the high court decision of nullifying the seat on the basis of electoral malpractices.
Earlier, Ms Mwamba’s lawyers objected to Prof Luo’s lawyers relying on the additional list of authorities which they filed without obtaining leave of the court.
Mr Phiri argued that it was the rules of the court that every supplementary document which was filed, there was need to seek leave of the court.
He said that he does not remember Prof Luo’s lawyers seeking leave of the court to file the additional list of authorities and the court granting the same.
Prof Luo’s lawyers said no prejudice would be occasioned to Ms Mwamba’s even if leave was not sought.
Another Pro Luo’s lawyer Eric Silwamba submitted that if anything authorities just like submissions were for the benefit of the court as such no prejudice would be occasioned.
Mr Mutale said at the last sitting, D Mbushi requested for the adjournment of the matter to enable him study the authorities and discovered not to bring out the issue of leave.
In its ruling, the court over-rode the objection by Ms Mwamba’s lawyers saying no prejudice would be occasioned by Ms Mwamba even if leave was not sought for the additional list of authorities filed by Prof Luo.
Ms Justice Sitali said when Dr Mbushi sought an adjournment to go and study the additional authorities which had been filed by Prof Luo, he never raised the issue of not seeking leave when filing the additional list of authorities.
The constitutional court has since reserved judgment to a date to be communicated.