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Lusaka resident seeks declaration that an election should only be nullified if its proven that illegal activities were committed by the candidate petitioned

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A Lusaka resident Joseph Busenga has petitioned the Constitutional
Court over the provision of the law which states that an election marred
with violence, intimidation and corruption can still be held to be
valid.

However, Busenga argues that this should be on condition that the corrupt and illegal practices which were allegedly
committed during an election were not personally committed by the
candidate.

“Whereas the provisions of Article 8 provide for our national values as a sovereign republic which includes democracy, constitutionalism, good governance and integrity among other values, the provisions of Section 97 (2) (a) of the Electoral Process Act in its current form does not seek to promote the said values but instead promotes, aides and abets corrupt practices, illegal practices and all manner of misconduct while giving safe haven to undemocratically elected public officials while shackling adjudicative bodies’ ability to nullify such elections,” he argues.

Busenga submitted that the court have been faced with different matters that have sort to impugn and invalidate elections of public officials in elections marred with electoral malpractices but that the provision of Section 97 (2) (a) consistently shackle courts and adjudicative tribunals from nullifying such elections.

Busenga therefore, seeks an order that Section 97 (2) (a) of the Electoral Process Act No 35 of 2016 be expunged from the statute books
forthwith.

He further argued that for an election to be declared void, it must be proven that corrupt practice, illegal practice, or other misconduct was committed by the candidate who has been petitioned or with the knowledge and consent or approval of that candidate or candidates election agent or polling agent.

Politics

PF Secretary General Nakachinda involved in a road traffic accident 

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PATRIOTIC Front (PF) Secretary General Raphael Nakachinda has been involved in Road Traffic Accident after the vehicle he was driving was hit into by a locomotive.

This happened when Mr Nakachinda who whilst driving an Isuzu vehicle failed to give way to a locomotive hence his vehicle was hit into.

Police spokesperson Rae Hamoonga said the incident occurred today around midnight along the Great North Road at Shikoswe railway crossing.

“Involved was Raphael Mangani Nakachinda aged 45 of house number 1794 Inkanga area of Kafue District who was driving an Isuzu registration number BAH 8695 from North to South who sustained bruised left πarm ,bruised back of the neck , bruised left ear and painful left leg, whilst the vehicle incurred a shattered front windscreen, extensively damaged right side body, rear passenger’s door and both rear lights,” he said.

He said also involved was Vincent Mabinda aged 45 of unknown house number a driver of a Goods Train from west to east direction which had no damages.

“The accident happened when Mr. Raphael Nakachinda who whilst driving an Isuzu vehicle failed to give way to a locomotive hence his vehicle was hit into by an on-coming Locomotive which had the right of way,” he said.

Mr Hamoonga said the accused has since been charged for the offence of Careless driving and his vehicle impounded at the Police station.

(Mwebantu, Saturday, 2nd December, 2023)

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Politics

I am ready to risk my life to save the PF, says Edgar Lungu 

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“I AM ready for anything, including risking my own life to save the Patriotic Front (PF),” Former republican President Edgar Lungu has said.

Mr Lungu says victory is certain and that the machinations by the ruling United Party for National Development (UPND) in form of ‘Imingalato’ will not stop him.

He has also noted that he is aware that the next move by the UPND is to lift his immunity, but he is ready and not worried about the outcome.

Speaking when he addressed the media on a number or issues, he said that he did not intend to get back into active politics, but he did so to ensure that PF lives on.

He noted that this was from the backdrop of the machinations from Government to steal, kill and destroy the PF in order to continue their stay in power.

“The machinations became more when those in power wanted to state a coup in PF using their stooges. They were illegally endorsed by police, followed by the National Assembly to swot democracy. This becoming more vivid when the victim who in this case is the PF is treated as a villian and a state sponsored sect is being given protection by the law,” he said.

Mr Lungu claimed that unfortunately, for those in power, it is not possible to submerge the PF in an attempt of using ‘Imingalato.’

“In this regard, I made a call to all opposition s as to defend Zambia’s hard earned democracy. I called for unity of purpose and today I am humbled for the unanimous response. Victory is certain, we shall certainly defeat those scheming against democracy,” he said.

He further claimed that he came back into politics to save the PF from being stolen of killed by the government.

“I am aware the next move is to lift my immunity from prosection. This does not worry me. It is another ploy to divert people from their failure, ” he said.

(Mwebantu, Friday, 1st December, 2023)

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Politics

‘Imbwili’ jailed for hate speech

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OPPOSITION Patriotic Front (PF) member of the Central Committee and former Roan Member of Parliament Chishimba Kambwili has been handed a five-month prison sentence for hate speech by Kasama Magistrate’s Court.

In this case, Kambwili, 54, of house number 9, Wisteria Avenue, Luanshya was charged with the offence of expressing hatred and ridicule of the persons based on tribe and place of origin.

Kasama Resident Magistrate Samson Mumba found Kambwili after the prosecution proved its case beyond reasonable doubts.
And in mitigation, Kambwili who spoke through his lawyer told court that he was a first offender, a family man and a person who previously served the nation as a cabinet minister.

He also urged the court to take into consideration his health.

In sentencing Kambwili, Magistrate Mumba said he took into account the mitigation.
He however said he sentenced Kambwili to five months imprisonment to deter would be offenders.

Meanwhile, after judgement was passed, Kambwili’s lawyer Kaizara Tembo told journalists his client will appeal against the verdict.

“Currently we are making efforts to lodge in an application for bail pending appeal,” he said.

Kambwili has since been transported to Milima Correctional Facility in Kasama.

(Mwebantu, Thursday,  30th November, 2023)

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