Attorney General Mumba Malila has appealed against the High Court’s decision to allow former Petauke Central member of parliament Dora Siliya and two others to re-contest by-elections in three constituencies.
Malila, who is appealing against part of the judgment delivered by Judge Mungeni Mulenga on September 3 said the judge overstepped her boundaries when she issued a global order requiring ECZ to accept the nomination papers from Siliya, former Malambo MP Maxwell Mwale and former Mulobezi MP Hastings Sililo.
He has in his memorandum of appeal to the Supreme Court filed four grounds on which he is basing his arguments.
Malila said Justice Mulenga erred in law and fact when she held that Supreme Court judgments were binding on all parties including ECZ when she refused to give effect to the Supreme Court judgments which upheld the nullification or nullified the elections of Siliya, Mwale and Sililo to the National Assembly on the basis that the trio had been involved in corrupt or illegal practices.
He said the lower court was wrong in law and fact when it held that ECZ was only mandated to act on the report issued under Section 104 (6) of the Electoral Act number 12 of 2006 to take the action outlined in Section 22 of the Act barring persons from contesting for any position for a period of five years.
Malila said this was notwithstanding the fact that the law did not require the Supreme Court of Zambia to render a report to the ECZ upon its nullification of a seat on the basis of corrupt or illegal practices.