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MMD Malambo member of Parliament (MP) Maxwell Mwale has lost his parliamentary seat after the Supreme Court upheld the High Court’s decision to nullify his election.
The Supreme Court said in a judgement delivered in Lusaka yesterday that High Court judge Albert Wood was on firm ground when he nullified Mr Mwale’s election as Malambo MP for engaging in philanthropic activities prior to the September 2011 general elections.
Last year, Mr Justice Wood nullified Mwale’s election after finding that he had engaged in the distribution of bicycles to voters before and after the elections.
Mr Mwale’s election was petitioned by Patriotic Front losing candidate Kaweche Kaunda.
Supreme Court judge Elizabeth Muyovwe dismissed Mr Mwale’s grounds of appeal because they lacked merit.
Justice Muyovwe delivered the judgement on behalf of acting Chief Justice Lombe Chibesakunda, acting Deputy Chief Justice Florence Mumba, Supreme Court justices Marvin Mwanamwambwa, Hildah Chibomba and Gregory Phiri.
“The results obtained in the election of the appellant (Mr Mwale) did not represent a true reflection of the electorate’s preferred candidate due to widespread electoral malpractices. We, therefore, uphold the High Court’s decision and declare this election nullified,” Justice Muyovwe said.
She said the majority of voters were prevented from exercising the right of choosing their preferred candidate.
Justice Muyovwe said Mr Mwale disadvantaged other candidates through his donations.
