By PERPETUAL SICHIKWENKWE –
THE Supreme Court has nullified the parliamentary seat for MMD’s Kasenengwa Member of Parliament Victoria Kalima for engaging in electoral malpractices.
This brings to seven the number of Parliament seats held by the former ruling party that have been nullified since the 2011 general elections.
Supreme Court Judge Hildah Chibomba found Ms Kalima guilty of engaging in electoral malpractices by distributing bicycles and chitenge materials during campaigns.
In nullifying the seat in Lusaka yesterday, Ms Justice Chibomba said on behalf of four other Judges that Ms Kalima had engaged in massive distribution of bicycles and chitenge materials which had an impact on the outcome of the elections.
Ms Justice Chibomba said the conduct by Ms Kalima to issue defamatory statements against the Patriotic Front (PF) Kasenengwa losing candidate Soul Zulu and his party that if voted into power, the PF would legalise homosexuality, stop the distribution of Anti Retroviral Drugs (ARVs) and not pay all farmers who had sold their maize to the Food Reserve Agency (FRA), prevented the electorates from freely choosing a candidate of their choice.
The MMD has had several seats nullified so far by the Supreme Court while 12 other appeal petitions are pending for judgment. Some of the seats that have so far been nullified include Petauke Central held by Dora Siliya, Malambo, held by Maxwell Mwale, Vumbwi, held by Eustakio Kazonga, Solwezi central, held by Lucky Mulusa, Mkushi south, held by Sydney Chisenga, and Chipata central which the incumbent Reuben Phiri has reclaimed through a by election.
Ms Justice Chibomba said the conduct by Ms Kalima was contrary to electoral regulations.
“In summing up and for the reasons given above, we declare and order that the election of the respondent as Member of Parliament for Kasenengwa Constituency is null and void as the same was contrary to section 93 (2) (a) of the Act” she said. Ms Justice Chibombo said High Court Judge Flavia Chishimba erred when she dismissed Mr Zulu’s petition on grounds that he and his witnesses had failed to produce evidence to warrant the nullification of Ms Kalima’s seat.
In another development, the Electoral Commission of Zambia (ECZ) has set February 25, 2014 as the date for the Katuba, Solwezi Central and Mkushi South by-elections.
ECZ Public Relations manager Cris Akufuna said in a statement that the Katuba seat fell vacant following the death of Patrick Chikusu who was MMD Member of Parliament, while the Solwezi Central and Mkushi South seats, fell vacant following nullification’s by the Supreme Court.
Five local government elections would also take place on the same date following death and resignation of councillors.
Mr Akufuna said the campaign period the by-elections would start on January 28, next year.
