Namugala retains Mafinga seat as election malpratrice charge fails

THE Supreme Court has upheld the High Court’s judgment which declared Mafinga member of Parliament Catherine Namugala as duly elected parliamentarian in the September 2011 general elections.
This means that Ms Namugala, who was petitioned by Patriotic Front (PF) losing candidate Breslford Gondwe for alleged electoral malpractices, maintains her parliamentary seat until 2016.
Supreme Court judge Muyinda Wanki said in a judgment delivered in Lusaka yesterday that Mr Gondwe failed to prove any electoral malpractice against Ms Namugala.
“Mr Gondwe was supposed to adduce evidence to convince the court that Ms Namugala’s conduct prevented the electorate from choosing candidates of their choice.  All the grounds of appeal have failed because they are misconceived, misplaced and lack merit,” Mr Justice Wanki said.
The judge read the judgement on behalf of Supreme Court justices Marvin Mwanamwambwa, Hildah Chibomba, Gregory Phiri and Munalula Lisimba.
Mr Justice Wanki said Mr Gondwe’s allegations that Ms Namugala donated a hammer mill and gave offering in churches to woo voters are overambitious because he failed to prove the malpractice.
He also said that the High Court was on firm ground when it found that Mr Gondwe’s witnesses were PF cadres who had an interest to serve in the matter.
Mr Justice Wanki said the Supreme Court finds it difficult to appreciate Mr Gondwe’s allegation that Ms Namugala used electoral agents during the elections when he (Mr Gondwe) could not name a single agent.
MMD president Nevers Mumba’s spokesperson Muhabi Lungu said he needs to consult with Dr Mumba, who is out of the country, before issuing any statement on the outcome of the case.
In the past, however, whenever they have lost a Supreme Court appeal, the opposition have blamed the judiciary and accused them of alleged bias. It is unclear how they will interpret this judgement, which has fallen in their favour.
Analysts, nevertheless, feel that the judgement is testimony that the judiciary in Zambia is independent contrary to opposition allegations.

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