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>Zambia Daily Mail by Online Editor on 6/28/13
Dora Siliya bows out
…as Supreme Court cites massive graft around her election
By CAROLINE KALOMBE
THE Supreme Court has nullified with immediate effect the election of Dora Siliya as Petauke Central member of Parliament citing “wide-spread” corruption in the poll that saw her emerge the winner of the seat in 2011.
This follows Patriotic Front (PF) losing candidate Leonard Banda’s decision to petition a High Court ruling that fell in favour of Ms Siliya earlier on.
Ms Siliya, who often makes a ceremonial entrance at such hearings, was not in court when the verdict was read this time around.
Mr Banda in his court papers contended that the elections were marred with “illegalities” that must ordinarily warrant a nullification
In delivering her ruling, Supreme Court Judge Elizabeth Muyovwe said Ms Siliya engaged in “illegal practices” which affected the election results in her favour.
Justice Muyovwe said Ms Siliya committed an illegality when she engaged in character assassination by telling the people that the PF government would stop the Farmer Input Support Programme (FISP) if it came into office.
She said Ms Siliya further told the electorate that farmers who supplied maize to the Food Reserve Agency would not be paid by the PF if elected into office.
Justice Muyovwe said Ms Siliya told the people that if they voted the PF into office, it would champion homosexuality and that a law for homosexuals would be the first thing the PF would enact.
Justice Muyovwe said Ms Siliya supported one of her campaign agents, Precious Zulu, to engage in character assassination of PF president Michael Sata.
She said statements were made in full view of Ms Siliya and that she approved and supported what her campaign team was doing.
One of the statements read: “That is what I said, this Sata supports laws that men should sleep with men and this is the first law that will be enacted by the PF.”
Justice Muyovwe also said “she [Siliya] also allowed Ms Zulu to produce pictures of men kissing each other”.
She said Ms Siliya did not distance herself from these allegations.
Justice Muyovwe said Ms Siliya used four government schools to hold public rallies and that this cannot be wiped even if the appellant used two schools.
She said Ms Siliya denied holding the rallies at these schools despite evidence showing that she did.
“The respondent [Siliya] committed an illegality by using government schools. Ms Siliya addressed public meetings at four Government schools one of them being Petauke Boarding School,” she said.
High Court judge Charles Kajimanga upheld the election of Ms Siliya saying she was duly elected.
Justice Muyovwe said she did not agree with the lower court that these statements did not affect the election results.
She said the lower court misdirected itself when it upheld the election of Ms Siliya when it was marred with illegality.
“The lower court found these issues of fact and that they did happen but said these issues were not widespread to prevent the electorate from electing the candidate of their choice,” Justice Muyovwe said.
She said the appellant had nine grounds of appeal and that all but one of the grounds had merit.
“We therefore declare the election of Ms Siliya null and void and each party to bear costs both at the High and Supreme Court,” Justice Muyovwe said.
MMD Vice-president for politics Michael Kaingu said the nullification of Ms Siliya’s election is a sad development.
Dr Kaingu said Ms Siliya is a courageous person who has the interest of Zambians at heart.
He said it is sad for the country that a capable MP could lose her seat in Parliament.
Dr Kaingu said it is unfortunate the PF government petitioned all seats held by opposition political parties.
“I don’t know what the PF government wants by going for all the seats held by the opposition,” he said.
Dr Kaingu said the MMD would adopt Ms Siliya to re-contest the seat because she is a capable representative of the people.
“Obviously we will adopt her because she is good for the people of Petauke and she is good for Zambia,” Dr Kaingu said.
Ms Siliya is not a stranger to controversy having stolen the limelight in March for sticking her middle finger out in Parliament.
This was in a bid to express her displeasure at the fact that former President Rupiah Banda’s immunity had been stripped to pave way for a criminal probe.
