TRIBUNAL DISMISSES SIMON MWEWA AND ECZ BID TO THROW OUT LUSAKA MAYORAL PETITION

TRIBUNAL DISMISSES SIMON MWEWA AND ECZ BID TO THROW OUT LUSAKA MAYORAL PETITION By Nelson Zulu The Local Government Elections Tribunal has dismissed applications by Lusaka Mayor-elect Simon Mwewa and the Electoral Commission of Zambia-ECZ-, seeking to have a mayoral election petition by National Reconciliation Party for Unity and Prosperity-NRPUP- candidate Gabriel Kibombwe thrown out. […]

TRIBUNAL DISMISSES SIMON MWEWA AND ECZ BID TO THROW OUT LUSAKA MAYORAL PETITION

By Nelson Zulu

The Local Government Elections Tribunal has dismissed applications by Lusaka Mayor-elect Simon Mwewa and the Electoral Commission of Zambia-ECZ-, seeking to have a mayoral election petition by National Reconciliation Party for Unity and Prosperity-NRPUP- candidate Gabriel Kibombwe thrown out.

The respondents had raised preliminary objections over the filing and service of the petition, arguing that Mr. Kibombwe had failed to comply with rule 11 (5) of the Local Government Elections Tribunal rules, which requires personal service of an election petition on the respondents.

The respondents further argued that the petition was not personally served on Mr. Mwewa and that Mr. Kibombwe had failed to present facts he intended to rely upon in the petition filed before the tribunal.

The ECZ, through its lawyer, also asked the tribunal to dismiss the petition on grounds that the petition by Mr. Kibombwe had been received by Vanessa Phiri, Mr. Mwewa’s personal assistant

However, a three-member tribunal chaired by Magistrate Dominic Makalicha ruled that the petition is properly before it, holding that the electoral process act provides for 14-days within which an election petition should be filed and that the tribunal rules cannot override the principal act.

The tribunal further found that although Mr. Mwelwa was not personally served, he had actual knowledge of the petition and subsequently filed an answer through his lawyers.

The court consequently dismissed both applications and directed that Mr. Kibombwe’s challenge to Mr. Mwewa’s August 13 mayoral election victory proceeds to hearing on its merits.

Mr. Kibombwe who polled 195,041 votes against Mr. Mwewa’s 200,029 votes in the mayoral election, is, among other things, seeking a declaration that Mr. Mwewa’s election is null and void.

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