By ROGERS KALERO
The petition by Joe Malanji has opened in the Kitwe High Court with him claiming that the state conspired with the Electoral Commission of Zambia (ECZ) to disqualify him, and the court has now subpoenaed the returning officer to bring documentation and give evidence.
Returning Officer in the Kwacha constituency by-election Mr Brian Mbula has been subpoenaed to appear before Lusaka High Court Judge Concepta Zulu to give evidence on all what he knows on the case in which Patriotic Front (PF) aspiring candidate Joseph Malanji has sued Kwacha Member of Parliament (MP) Charles Mulenga and Electoral Commission of Zambia (ECZ).
Mr Malanji filed a petition before the Lusaka High Court seeking among other reliefs, a declaration that the election for Kwacha constituency is and was void.
Mr. Malanji also wants a declaration that the election of UPND’s candidate Charles Mulenga was not duly elected in the Kwacha Constituency by-election.
He also wants the Electoral Commission of Zambia ECZ to call for fresh elections within 90 days from the date of the judgement of the court.
According to the petitioner, there was noncompliance by the Electoral Commission of Zambia to the provisions of the electoral process act prohibiting any person from preventing him to exercise his right to contest as a candidate as conferred by the act to eligible candidates.
The petitioner has also submitted that the returning officers of the Commission violated article 70 (1) of the Constitution by rejecting and declaring that his nomination was unsuccessful because his election was nullified for the Kwacha Constituency by the Constitutional Court of Zambia despite the petitioner having met the qualifications and procedural requirements specified for an election to their respective offices.
Yesterday, Judge Zulu sitting at the Kitwe High Court subpoenaed Mr Mbula to appear before the court to give evidence on all that he knows in the said cause for and on behalf of the petitioner Joseph Malanji.
“You are commanded in the name of the President to attend before Honourable C.C Zulu on the 19th day of December, 2022 at 09.00 hours and so from day to day until the above cause is tried, to give evidence on all that you know in the said cause for and on behalf of petitioner herein and bring with you and produce the following documents.
“Letter of rejection to aspiring candidate for Kwacha parliamentary seat, Joseph Malanji and G20 forms for all the wards in Kwacha constituency being Lubwa ward, Ipusukilo, Musonda , Riverside, Kwacha, Mufuchani and Bulangililo. Also bring statistics for the voter turnout in the said by-election,” reads the subpoena in part.
And Mr Malanji told the court that he had a perception that the Attorney General and the ECZ were determined to stop him from re-contesting the Kwacha constituency by-election from the way things were being conducted.
He said at the time the Attorney General was expected to appear in court over a case in which the day of election was stayed, they decided to go for a workshop.
Meanwhile, former Kabushi Member of Parliament Bowman Lusambo also openned his petition against the ECZ in the Ndola High Court yesterday.
