ConCourt grants losing Sesheke PF candidate extension to file record of appeal

9th August 2019

Courts

Lusaka Province party Chairperson Obvious Mwaliteta with Sesheke MP Romeo Kang'ombe at Lusaka High Court during the ruling on the Sesheke Parliamentary Election petition on May 28, 2019 - Picture by Tenson Mkhala

Courts

Lusaka Province party Chairperson Obvious Mwaliteta with Sesheke MP Romeo Kang'ombe at Lusaka High Court during the ruling on the Sesheke Parliamentary Election petition on May 28, 2019 - Picture by Tenson Mkhala

The Constitutional Court has granted Sesheke PF losing candidate Dean Masule an extension of time to file the record of appeal and heads of arguments in the matter where he is challenging Romeo Kangombe’s election as member of parliament.

ConCourt Judge Martin Musaluke says Masule should file the record of appeal on or before today, Friday.

In May this year, High Court Judge Gertrude Chawatama declared UPND’s Kang’ombe as duly-elected Sesheke member of parliament, saying the will of the people prevailed.

But Masule, being dissatisfied with the judgement, filed a notice and memorandum of appeal in the ConCourt against the High Court’s decision.

In his memorandum of appeal, Masule filed two grounds, arguing that High Court Judge erred in law when she held that the provisions of section 97 (2) (b) of the Electoral Process Act number 35 of 2016 exclusively governed the activities of the Electoral Commission of Zambia (ECZ).
He further stated that Justice Chawatama erred in law when she held that the case of Josephat Mlewa verses Eric Wightman (1995-1997) ZR171 has restrictive application in the current electoral law.

Masule through his lawyer Eric Silwamba had, however, applied for extension of time to file record of appeal and heads of arguments in the matter.

Silwamba stated in an affidavit in support of summons for extension of time to file record of appeal and heads of arguments, that the application for extension of time would not prejudice Kang’ombe.

He explained that after Masule lodged a notice and memorandum of appeal on June 27, 2019, he immediately engaged Bantum Limited, a printing company, to photocopy and bind 23 copies of the record of appeal for filing before court.

“The record of appeal is voluminous as it consists of eight (8) volumes with the documents exceeding two thousand (2,000) pages. Bantum Limited have had difficulties with their machinery and this caused a delay in the preparation of the record of appeal as the record had to be returned twice to correct anomalies that had plunged the record of appeal which included, inter alia, missing pages,” Silwamba stated.

He had stated that his client had been assured by Bantum Limited that the record of appeal would be ready for collection before the end of the week, and that Masule shall proceed to file the record of appeal together with the requisite heads of arguments.

And in his ruling, ConCourt Judge Martin Musaluke granted Masule an extension of time to file the record of appeal and heads of arguments and also ordered him to file the record of appeal on or before August 9.

“Having read the appellants application, supported by the affidavit and skeleton arguments, and there being no objection by the respondent to the application for extension of time in which to file the record of appeal, leave is hereby granted in which to file record of appeal. The record of appeal should be filed on or before August 9, 2019. Costs are in the cause,” ruled Justice Musaluke.