THE matter in which former Petauke central member of Parliament Dora Siliya and two others were barred from filing nominations for by-elections yesterday failed to take off in the Lusaka High Court.
Lawyers representing Ms Siliya, Maxwell Mwale and Hastings Sililo said they had not yet received instructions from their clients whom they said were out of town.
The lawyers also said they were not served with the notices for appeal in good time to study the documents.
The Supreme Court nullified the election of Ms Siliya, Mr Mwale (Malambo) and Sililo (Mulobezi) because of corruption and electoral malpractices.
The Electoral Commission of Zambia barred the three from re-contesting the seats, prompting them to seek redress in the High Court.
High Court judge Mungeni Mulenga cleared them to file nominations.
But the State appealed against the ruling made by Justice Mulenga, saying she erred in law and fact when she held that Supreme Court judgments were binding on all parties, including the ECZ.
The state argued that Justice Mulenga failed or refused to give effect to the Supreme Court judgments which upheld the nullifications.
On the second ground, the State argued that Justice Mulenga erred in law when she held that the ECZ was only mandated to act on a report issued under section 104 (6) of the Electoral Act No 12 of 2006, barring persons from re-contesting any electoral position for a period of five years.
The state also contended that Justice Mulenga overstepped the boundaries of the case by issuing “a global order on ECZ to accept the respondents’ nominations.”