In the case where former Patriotic Front-PF KWACHA member JOSEPH MALANJI and his KABUSHI counterpart BOWMAN LUSAMBO have contested the rejection of their nomination papers, the Court of Appeal has rejected a motion to discharge the stay of proceedings.
The grounds upon which Judge KELVIN MUZENGA based his decision were the meritlessness of the application submitted by Messrs. MALANJI and LUSAMBO.
The argument made by Mr. MALANJI and Mr. LUSAMBO that they would be negatively impacted by the stay of proceedings since their matter is time-sensitive and must be resolved within 21 days has been rejected by Judge MUZENGA.
He has emphasized that even when the Court of Appeal lifts the stay, the High Court will still be able to rule on the case.
The Court of Appeal does not have jurisdiction over Mr. MALANJI and Mr. LUSAMBO’s case, according to article 52 sub-article four of the constitution, according to Judge MUZENGA.
He claims that the rule is silent on which court unsatisfied parties should appeal to.
However, Judge MUZENGA emphasized that the Court of Appeal is authorized to consider appeals from the High Court under Article 131 of the Constitution.
Attorneys MAKEBI ZULU and JONAS ZIMBA are defending Mr. MALANJI and Mr. LUSAMBO, while Solicitor General MARSHALL MUCHENDE and other state counsel are defending the state in this case.
The attorneys for the ECZ are THERESA PHIRI and BWALYA MUKUNSA.
In the case where Mr. MALANJI and his KABUSHI colleague BOWMAN LUSAMBO have contested the rejection of their nomination papers, the Court of Appeal issued an exparte order to the stay action on Friday.