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THE Judiciary has cleared the air regarding the ongoing debate on whether candidates whose elections were nullified by the Supreme Court due to corruption must re-contest their seats or not.
Judiciary spokesperson Terry Musonda has stated that the decision of the Supreme Court on any reported nullification must take precedence over any procedure and bar those whose polls were nullified due to evidence of corruption without having to necessarily wait for any report from the registrar of the High Court.
“The judgment of the Supreme Court reigned supreme,” Musonda said in a statement issued yesterday, “and the Judiciary is of the considered view that the requirement to render the said report by the High Court is overtaken.”
Mr Musonda issued the statement on the back of various stakeholders such as churches and civil society organisations wondering what route should be taken regarding candidates whose polls were nullified due to corruption showing interest in re-contesting parliamentary seats nullified by the Supreme Court.
“Therefore, there is no requirement by the High Court to render a report to either the Electoral Commission of Zambia or the Director of Public Prosecutions after pronouncement of the Supreme Court.”
This, according to the statement, therefore, effectively means the candidates whose seats were recently nullified as a result of evidence of corruption cannot be allowed to file nominations today.
Patriotic Front chairperson for legal affairs and Home Affairs Minister Edgar Lungu singled out Mtolo Phiri of Chipata Central, Dora Siliya [Petauke Central] and Maxwell Mwale [Malambo] as candidates who should not be allowed to re-contest seats because their elections were annulled by the Supreme Court on evidence of corruption.
Mr Musonda urged “any person to freely access Supreme Court judgements to take time and acquaint themselves with rules and regulations as stipulated in section 104 (6) (7) of the ECZ Act number 12 of 2006.
