Bowman Lusambo, a former Patriotic Front (PF) Kabushi politician, and Joseph Malanji, a former Kwacha lawmaker, both had their applications denied by the high courts in Ndola and Kitwe, respectively.
The two petitioned for the declaration of the United Party for National Development (UPND) elections of Bernard Kanengo in Kabushi and Charles Mulenga in Kwacha to be void because they were illegitimate.
However, the Ndola and Kitwe High Courts respectively dismissed both of their applications since they were found to be without merit.
Kanengo, the Electoral Commission of Zambia (ECZ), and the Attorney General were named as respondents in a petition Lusambo filed in Ndola asking the court to declare Kanengo’s election invalid.
Lusambo claimed in his testimony at trial that the absence of his face from the ballot papers was the reason for the poor voter turnout in the election.
He asserted that the decision by ECZ to prevent him from running afoul of the law rendered the election undemocratic and that ECZ’s action amounted to contempt of court.
He argued that because the election was unlawful, this court ought to declare it invalid.
In her ruling and decision to dismiss the case, High Court judge Ruth Chibbabbuka stated that none of the accusations made against Kanengo could be supported.
“Thus, this allegation cannot be the basis upon which the election can be nullified or voided. Having found as I have, that all the allegations have failed and cannot be substantiated, in accordance with Article 97 (2) (b) of the Electoral Process Act, this petition is hereby dismissed for lack of merit. As this matter is one of public interest each party will bear their own costs for this petition,” she said.
Malanji, who also petitioned Mulenga, a current Kwacha lawmaker, and ECZ, had his case dismissed in Kitwe.
Malanji’s petition was dismissed by Kitwe High Court Judge Conceptor Zulu because parts of the petition’s arguments were unfounded.
She claimed that the petition lacked merit since there was no proof that the petitioner had been stopped from submitting his candidacy.
“I have come to the conclusion that there was no merit that the ECZ did not comply with the stay that was made by the court,”she said.
