Crucial evidence in the Lusaka Central petition is missing from the record of appeal in the Constitutional Court.
And lawyers UPND candidate Dr Charlotte Scott have urged the court to dismiss the appeal for incompetence.
This is in a matter in which Margaret Mwanakatwe appealed against the High Court’s decision to nullify her election victory.
Dr Charlotte petitioned Mwanakatwe’s election of on account of electoral malpractice.
When the matter came up before a full bench of ConCourt judges, Dr Charlotte’s lawyer Mulambo Haimbe said the compact disc that contained crucial part of evidence that was in the High Court was omitted.
The CD contained materials that lead to the nullification of Mwanakatwe’s seat; Facebook postings in which she was stating on what she had done in her constituency like the commissioning of boreholes among others.
Haimbe said it was clear that the record was incomplete as it did not include the required complete index of evidence.
“The index does not contain a list of evidence that was relied upon in the High Court,” said Haimbe.
He also notified the court that the record contained extraneous matter which was the handwritten notes said to be commentary.
Haimbe said the nature of irregularities were fatal.
He said the appellant did so at her own risk as such the court must struck out the appeal considering that the appeal was lodged way back on December 27, 2016.
And Dr Charlotte’s other lawyer Keith Mweemba also asked the court to dismiss the appeal with the speed of lightening.
He said for the court to arrive at the just decision, the record must be complete.
However, Mwanakatwe’s lawyer Eric Silwamba vigorously opposed the objection.
He urged the court not to entertain the issues raised for failing to comply with the rules.
The court then adjourned the matter to enable then appellant lawyers make meaningful arguments and the respondent has been given leave to file the arguments.
Case comes up on November 16, 2017.