High Court allows Dora, Mwale and Sililo to file-in nominations

A Lusaka High Court Judge has ruled that the three aspiring opposition Members of Parliament Dora Siliya, Maxwell Mwale and Hastings Sililo must be allowed file in their nominations.

But Justice Minister who is also PF General Secretary Wynter Kabimba has said the PF will challenge the High Court verdict.

Passing verdict on Tuesday, September 3, 2013 in a matter in which the three had applied for judicial review following the decision by the Electoral Commission of Zambia -ECZ-to bar them from filling in nominations in three pending by-elections, Judge Mungeni Mulenga said it was illegal to bar the trio from re-contesting their seats.

Judge Mulenga said stopping the trio from contesting in Petauke, Malambo and Mulobezi constituencies by ECZ was not in line with section 104 subsection 6 of the Electoral act. He instructed the ECZ which is the second respondent in the matter to allow the trio to file in their nominations.

The Lusaka High Court Judge said the infamous Press Statement issued by the Judiciary which ECZ made a decision to bar the aspiring candidates did not have any legal consequence on the proceedings.

Meanwhile the ruling has been applauded by the opposition saying it is a lesson that those politicians in authority cannot suppress democracy by overriding the constitution.

UPND Secretary General Winston Chibwe described the verdict as honorably while party deputy spokesperson Edwin Lifwekelo says the court has delivered what the citizens expected.

Lifwekelo said the verdict also goes to show that the Courts are now independent and no one can exert due influence on their decisions. He has asked Zambians to praise the Court for the decision to dismiss the ECZ’s decision to stop the three opposition candidates.

MMD leader Nevers Mumba applauded the High Court saying its decision is according to the constitution. He has advised the PF against what he described as politics of confusion, vindictiveness and lawlessness which he said would diminish the ruling position in the political arena.