Ex-MPs lose case as court quashes petition against ‘tippex’ parliament on technicality

The High Court has thrown out the petition by some former legislators who thought they, too, had a case after the Constitutional Court (ConCourt) nullified the May 21 2019 presidential election result.

Following the February 3 ConCourt landmark ruling, the group comprising mostly former  legislators and other candidates who lost the election,  went to court in April this year, seeking nullification of the parliamentary vote too, arguing it was held simultaneously with the ‘tippex’ presidential vote.

The ex-members of Parliament (MPs), led by Peter Bvalani and Jessie Kabwila as first and second applicants respectively, based their case on the outcome of the presidential nullification petition case, which saw the ConCourt nullifying the presidential election and ordering a fresh election within 150 days.

But in her judgement, Justice Ruth Chinangwa threw out the application on technicality, saying: “Is the claim statute barred? Again we turn to Section 100 of the Presidential  and Parliamentary Elections Act, it reads; ‘A complaint alleging an undue return by reason irregularity or any other causes whatsoever should be presented to the High Court within 48 hours, including Saturday, Sunday and a public holiday of the declaration of the result in the name of the person.”