By REBECCA MUSHOTA –
THE Supreme Court, sitting in Ndola, has dismissed an appeal by Zambezi West Patriotic Front (PF) losing candidate Christabel Ngimbu to bar the Electoral Commission of Zambia (ECZ) from holding a by-election in that constituency.
The Supreme Court panel consisting of nine judges also dismissed the application by Ms Ngimbu to bar former Zambezi West Member of Parliament (MP) Charles Kakoma from recontesting the seat.
Ms Ngimbu had appealed to the Supreme Court, applying for the enforcement of the Judgement of the Supreme Court sitting in Lusaka on October 10, last year in its appellate jurisdiction.
The Supreme Court in Lusaka last year upheld the nullification of the Zambezi West parliamentary seat held by Charles Kakoma.
The court ordered fresh elections.
Ms Ngimbu, however, sued Mr Kakoma as the first defendant and ECZ as the second defendant and applied to the Lusaka High Court to bar Mr Kakoma from recontesting the seat and restrain the ECZ from conducting elections in the constituency.
Lusaka High Court Judge Judy Mulongoti dismissed the application.
Ms Ngimbu, in her grounds of appeal, said the lower court misdirected itself by upholding the Supreme Court Judgement and allowing fresh elections basing its findings solely on High Court records.
She said the lower court erred by saying that she would not name the person found committing irregularities as she had not found such findings in the High Court records.
In response, Mr Kakoma said the appellant was abusing the court process by saying that the trial court should issue a report based on the findings.
Chairperson of the Supreme Court panel, Acting Deputy Chief Justice Marvin Mwanamwambwa said after considering the matter, that they found no firm grounds to allow the application.
“We find no better grounds for the petition and, therefore, dismiss the application,” Mr Justice Mwanamwambwa said.
Other members of the panel were Supreme Court Judges Muyinda Wanki, Gregory Phiri, Albert Wood, Elizabeth Muyovwe, Evans Hamaundu, Hildah Chibomba and Acting Supreme Court Judge Munalula Lisimba.