LUSAKA — Governance Elections Advocacy Research Services (GEARS) Initiative Zambia has petitioned former Kabushi member of parliament Bowman Lusambo and eight others who recently had their elections nullified by the High Court for impersonating as members of parliament.
It has also cited the Attorney General as a respondent in the matter.
GEARS has petitioned Lusambo and eight others in the Constitutional Court, seeking a declaration that the respondents having been declared not duly elected by the Lusaka High Court are contravening the Constitution by taking part in parliamentary business.
The organisation wants an order that the nine be barred by the court from attending sessions of the National Assembly, taking part in any business of parliament and masquerading as members of parliament.
GEARS is further seeking a declaration that the nullified parliamentary seats: Kabushi, Kwacha, Chimfwembe, Nakonde, Lunte, Lubansenshi, Kansama Central, Mukushi North and Chinsali will remain vacant until filled by appeal or a fresh election.
It also wants an order that the registrar of the High Court immediately delivers a report containing the names and particulars of all the people implicated in acts of corrupt and illegal practice during the trials of the petitions to the Electoral Commission of Zambia and the Director of Public Prosecutions.
Others petitioned are Joseph Malanji, Mutotwe Kafwaya, Sibongile Mwamba, Luka Simumba , Allan Banda, Kabwe Chewe, Kalalwe Mukosha, and Christopher Chibuye.
In its petition, GEARS said by virtue of the court declaring the nine former MPs not being duly elected members of parliament and by them attending parliament business, the respondents were breaching the Constitution.
It said Lusambo and his colleagues have and continue to contravene Articles 68(1), 72(2) and 73(4) of the Constitution as read together with section 108 of the Electoral Process Act no.35 of 2016.
“With the High Court having found in its judgement that illegal practices, corruption and bribery had occurred during the elections the registrar of the High Court is mandated under sections 108(6) and (7) of the Electoral Process Act no.35 of 2016 to prepare a report detailing the same and to submit to ECZ and DPP, the continued failure or neglect by the registrar of the High Cout to carry out the function constitutes a breach of the law,” said GEARS.
