UPND’s Emelda Munashabantu has appealed the judgement that nullified her election as Member of Parliament for Mapatizya Constituency.
Munashabantu, who was declared winner of the parliamentary election, with 14,812 votes was the first respondent in the petition that led to the nullification of her seat filed by Clive Miyanda who polled 14,330.
Lusaka High Court Judge Justice Kazimbe Chenda, sitting at the Livingstone High Court, nullified the election, citing irregularities involving the Electoral Commission of Zambia (ECZ).
However, through her legal representatives, Hibajene Mulunda Advocates, Munashabantu has now approached the Constitutional Court, seeking to overturn the decision on four grounds of appeal.
In the first ground, the appellant argues that the trial judge erred in law and fact by holding that a presiding officer has no authority to declare parliamentary election results and announce a winner before ascertaining results from all polling stations in the constituency.
Secondly, she is challenging the court’s determination that the results from the ten missing polling stations amounted to 6,238 votes, arguing that this figure was established without supporting evidence.
In the third ground, Munashabantu is contesting the court’s finding that procedural irregularities by the second respondent affected the election results and met the threshold for nullification under Sections 97(2)(b) and 97(4) of the Electoral Process Act of 2016.
The appellant is further challenging the decision to nullify her election in the absence of sufficient evidence, arguing that all parties and their representatives had agreed to proceed with the declaration of the winner despite the absence of results from the ten polling stations.
Following the appeal, Munashabantu has resumed her parliamentary duties and is expected to continue serving until the Constitutional Court determines the matter.
By Gabriel Josias Muuba
