By PERPETUAL SICHIKWENKWE? –

THE Supreme Court has reversed the nullification of the election of Mwalimu Simfukwe as MMD Mbala Member of Parliament.
A panel of five judges has instead declared Mr Simfukwe as the duly elected parliamentarian for Mbala Constituency in Northern Province.
Acting deputy chief justice, Mervin Mwanamwambwa said when he delivered the judgment on behalf of four other judges that the Ndola High Court judge shifted the burden of proof from the petitioner, Evaristo Kasunga to Mr Simfukwe which was misdirection in law.
Mr Kasunga, who in 2011 stood on the PF ticket, petitioned the election of Mr Simfukwe alleging corrupt and illegal practices which he said affected the outcome of the poll.
He had alleged that Mr Simfukwe held meetings in Mbala Constituency organised by the MMD chairperson Violet Nalomba for village headmen in one of the classrooms at Zombe School and the electorate were told to vote for Mr Simfukwe, after denouncing Mr Kasunga.
In its ruling, the High Court held that although Mr Simfukwe denied the allegations, it found the evidence of Mr Kasunga’s witnesses credible because Mr Simfukwe did not call Ms Nalomba to prove to the court that he did not attend the meetings.
The High Court also held that since Mbala Constituency was predominantly an agricultural area, the statement by Mr Simfukwe that if people voted for PF, the Food Reserve Agency (FRA) would not pay for their maize and that there would be no distribution of fertiliser,?caused fear among the predominantly rural community.
It further held that Mr Kasunga had proved to the court that voters in the constituency were influenced by Mr Simfukwe’s malpractices to an extent that the outcome of the election could not be said to be free and fair.
Mr Simfukwe’s election was then declared null and void but he appealed to the Supreme Court.?However, Mr Justice Mwanamwambwa, in his ruling yesterday, reserved the findings of the trial court  and set aside the ruling of the High Court because Mr Kasunga did not prove his allegations.?He said the allegations by Mr Kasunga against Mr Simfukwe were not proved to the required standard.
Mr Simfukwe has since declared that he will closely work with the Patriotic Front Government to take development to his constituency.
In an interview shortly after being declared duly elected, Mr Simfukwe said the wish of the people of Mbala that he should be their MP had been confirmed.