The Constitutional Court has overturned the High Court’s decision to nullify the election of Finance Minister Margaret Mwanakatwe as Lusaka Central Member of Parliament.
This was after it found merit in 10 out of the 11 grounds of appeal by Mrs Mwanakatwe whose election was petition by UPND losing candidate Charlotte Scott.
In passing judgment, Constitutional Court judge Annie Sitali ruled that High Court judge Mwiinde Siavwapa misdirected himself when he dismissed the 10 grounds.
Justice Sitali says in dealing with election petitions, the petitioner is required to provide the highest standard of clarity of proof of acts that contravened section 97 (2) (b) of the electoral Act.
She states that such evidence must clearly spell how such acts prevented electorates from choosing their preferred candidate and therefore warranting a nullification of the election.
Justice Sitali says after examining the grounds of appeal, heads of arguments and the High Court ruling, it was the Court’s considered view that the highest standard of clarity of proof was not provided.
She has since ruled that Mrs. Mwanakatwe was duly elected as Lusaka Central Member of Parliament.
And speaking shortly after the ruling, Mrs. Mwanakatwe described the Court’s judgment as an awesome landmark decision.
Mrs. Mwanakatwe says it has been a long journey for her and her team to finally to see a finality to the case.
He says the Constitutional Court has proved that the ruling PF is the true owner of the Lusaka Central Constituency and that for her team it is now time to go back and continue working for the people.
And PF Secretary General Davies Mwila, who together with other Ministers offered solidarity to Mrs. Mwanakatwe, said the ruling PF is excited about the Constitutional Court ruling.
Mr. Mwila says the ruling PF is happy with the decision of the Court as justice has prevailed.