The Local Government Elections Tribunal has dismissed applications by Lusaka Mayor-Elect Chitambala Mwewa and the Electoral Commission of Zambia-ECZ seeking to have NRPUP mayoral candidate Gabriel Kibombwe’s election petition thrown out.
The respondents had raised preliminary objections over the filing and service of the petition, arguing that Mr. Kibombwe failed to comply with the Tribunal Rules and that the petition was not personally served on Mr. Mwewa.
But the Tribunal has ruled that the petition was properly before it, finding that the Electoral Process Act provides for fourteen days within which an election petition should be filed and that the Tribunal Rules cannot override the principal Act.
The Tribunal has also found that although Mr. Mwewa was not personally served, he had actual knowledge of the petition and subsequently filed an answer through his lawyers.
It has therefore dismissed both applications and directed that Mr. Kibombwe’s challenge to Mr. Mwewa’s August 13 mayoral election victory proceeds to hearing on its merits.
By Josphat Hamakala
