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UPND insists on need for video evidence in Munali petitionBy Mukosha Funga on 3 Aug 2017
Doreen Mwamba has asked the Constitutional Court to dismiss Munali Member of parliament Professor Nkandu Luo’s application as the record of appeal is incomplete without the video evidence.
Mwamba, who stood on the UPND ticket, successfully petitioned Luo’s election victory in the High Court but the latter appealed to the ConCourt.
However, the Mwamba’s key evidence; a video depicting violence allegedly went missing in the High Court and the ConCourt allowed her to submit it.
But on July 18, ConCourt vice president Annie Sitali discarded the video on account that there was a possibility that it might be contaminated.
Mwamba now wants the ConCourt to set aside an order for the case to proceed without the video evidence which lead to the nullification of Prof Luo’s election.
Mwamba said the appeal should be thrown out as the record of appeal is incomplete and defective.
Mwamba emphasised that the appeal should not be heard as it did not contain all the exhibits that were viewed in the High Court.
She questioned the court’s power to review its earlier ruling and revert its direction that the High Court determines the authenticity of the video if both parties failed to do so.
But Professor Luo opposed Mwamba’s submission to have the case dismissed.
Prof Luo said the court has no power to rehear an application upon which it has made its final decision.
She argued that Mwamba’s objection was a challenge to the court’s decision as she was challenging the court why it mislead itself in its decision of July 18, 2017.
Prof Luo further submitted that Mwamba’s objection was an abuse of the court proceedings and sought to bring the administration of justice into disrepute.
According to judge Sitali, the ConCourt came up with an inescapable conclusion that since the video evidence was not produced in the High Court, the possibility of it being contaminated could not be over ruled.
The video in question depicts how Mwamba was attacked with her campaign team in Mtendere by PF cadres in party regalia.
After the magnitude of the violence witnessed in Munali, the Electoral Commission of Zambia imposed a two-week campaign freeze in the constituency.
About Mukosha Funga
Mukosha Funga is a Zambian journalist interested in good governance and anti corruption reporting.
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