Mufumbwe UPND member of parliament Eliot Kamondo has asked the Constitutional Court to dismiss Steven Masumba’s election petition appeal saying the electorates voted freely without intimidation.
In this matter, Masumba of the ruling Patriotic Front had challenged Kamondo’s election in the High Court but he lost the petition.
Masumba then challenged the loss in the Constitutional Court, which has now taken over the functions of hearing parliamentary election appeals from the Supreme Court.
When the matter came up before Constitutional Court president Hildah Chibomba sitting with four other judges, Kamondo urged them to dismiss Masumba’s appeal on grounds that his election was free and fair.
“We submit that this appeal automatically falls as the appellant knows that the people of Mufumbwe voted freely,” Katolo said.
Katolo said the electorate as confirmed by Masumba made an independent decision to vote for their preferred candidate and that the purported widespread violence had no bearing on the minds of the voters.
Katolo further submitted that none of the witnesses testified that they were prevented from voting for their preferred candidate.
“Not a single witness testified that they were in any way prevented from electing the preferred candidate” Katolo submitted.
But Masumba pleaded with the court to nullify Kamondo’s election on grounds of alleged electoral malpractice such as widespread violence.
Through his lawyer Kelvin Bwalya Fube, Masumba also claimed he was defamed by Kamondo who allegedly called him a thief and accused him of championing gay rights through the Referendum.
“We urge the court to find that there was widespread violence and Masumba was defamed which affected his candidature,” KBF said.
Masumba, who came fourth in the race to parliament, said he was not satisfied by the High Court’s decision because no reasons were given for dismissing his petition.