By Staff Writer
Constitution Court Judge Enoch Mulembe has upheld the decision of the High Court to declare UPND’s Mubika Mubika as the duly elected Sinjembela lawmaker.
Judge Mulembe dismissed all the eight (8) grounds of appeal advanced by PF’s Peniso Njeulu on grounds that the lower court did not error in law.
The petitioner who was represented by counsel Chali of Ndhlovu and Company contended among his grounds of appeal that the respondent used maize in bribing the electorates.
He also said the election was marred with violence occasioned by the respondent and his agents thus disadvantaging the petitioner while the respondent was also involved in rampant ferrying of electorates to polling stations, an action he argued resulted into people voting coercion contrary to the electoral act of 2016.
But the respondent through Mushipe and Associates argued that the petitioner has failed to prove any electoral malpractice and urged the court to dismiss all the eight (8) grounds for lack of merit.
In dismissing the grounds of appeal, Justice Mulembe said he agreed with the lower court that the petitioner failed to prove beyond any reasonable doubt that the respondent nor his agents personally participated in the violent acts neither did he prove that the said acts were widespread to affect the outcome of the elections.
He further ruled that the respondent’s distribution of maize had affected the decisions of the voters hence found that the lower court had not erred in law and facts thus dismissing all grounds of appeal.
Each party to bear its own costs; the petitioner, Poniso Njeulu was the UPND Sinjembela MP between 2011 and 2016 but fail out of favour following unwise decision to accept a Ministerial appointment by late President Micheal Sata in 2012.
