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Lawyers representing the State, those representing Ms Siliya, former Malambo MP Maxwell Mwale and former Mulobezi parliamentarian Hastings Sililo would on the day battle it out to advance their cases as to why the court should rule in their favour.
This follows the Supreme Court’s decision to grant the State an application to stay the execution of high court judge Mungeni Mulenga’s judgments that ordered the Election Commission of Zambia (ECZ) to allow Ms Siliya, Mr Mwale and Mr Sililo to file nomination that were slated for September 10, 2013 until the determination of the main appeal case.
But the Supreme Court has announced in its schedule of the coming civil cases that the matter would be heard on February 6, 2014.
Mr Malila who has appealed against part of Ms Justice Mulenga’s judgment of September 3, 2013 has contested that the trial judge overstepped her boundaries when she issued a global order requiring ECZ to accept the nominations papers from the three.
He has furthered stated that the trial court erred in law and fact when it held that Supreme Court judgments were binding on all parties including ECZ when she refused to give effect to the Supreme Court judgments which nullified the elections of Ms Siliya, Mr Mwale and Mr Sililo on grounds that they engaged in corrupt or illegal practices.
