The State has argued that the High Court has no jurisdiction to determine the petition by Bowman Lusambo and Joseph Malanji to stay the Kabushi and Kwacha by-election in the absence of any challenge of the nomination in line with Article 52(4) of the Constitution.
Attorney General, Mulilo Kabesha says Mr. Lusambo and Mr. Malanji have not demonstrated to the court that they are eligible to recontest the Kabushi and Kwacha parliamentary seats.
Mr. Kabesha has raised a notice of motion on five preliminary issues that should be determined by the court before hearing the main matter.
Mr. Kabesha wants the court to determine whether the petition filed by the petitioners is an election petition under regulation 19(7) of the Electoral Process, whether the Court has jurisdiction to determine the petition in the absence of any challenge of the nomination of successful candidates among others.
By Rhodah Mvula