Acting Deputy Chief Justice Marvin Mwanamwambwa said in a judgment delivered yesterday that Mr Phiri’s appeal lacks merit.
This is in the case in which Mr Phiri petitioned the election of Mr Mwale as Chipangali MP in the September 2011 general elections.
“An appeal is dismissed for lack of merit and honourable Mwale remains MP for his constituency,” Mr Justice Mwanamwambwa said.
He said the allegation of Mr Mwale treating people with food prior to the elections fails because the food was prepared for campaign officials and not the electorate.
Mr Justice Mwanamwambwa said the Supreme Court does not find reason to reverse the High Court’s finding that the football tournament was held way before the election and Mr Mwale did not present the grant prize to the winners of the game.
He said Mr Mwale’s donation to a church was an act of philanthropy and not one meant to ask for votes.
Mr Justice Mwanamwambwa said Mr Mwale made the donation to the church at the request of church members and that charitable activities are not prohibited.
He said Mr Mwale made the donation without referring to the elections or asking for a vote in return.
Mr Justice Mwanamwambwa said if Mr Mwale had asked for the vote after donating, the Supreme Court would have found that he had gone beyond philanthropic activities