The Supreme Court has adjourned the case in which the state is contesting Judge Mungeni Mulenga’s decision to allow the Electoral Commission of Zambia to accept nominations from MMD’s Dora Siliya, and the UPND duo of Maxwell Mwale and Hastings Sililo.
The case which was before acting Deputy Chief Justice Florence Mumba was adjourned to September 26, 2013 yesterday after lawyers representing the trio sought the adjournment on grounds that they had only received the application on Monday and needed two days to study the application.
Acting Deputy Chief Justice Florence Mumba adjourned the matter to September 26 to allow the defence study the application.
The Petauke Central, Malambo and Mulobezi seats were nullified in June 2013 and by the courts, the seats are supposed to be filled within 90 days which has become unlikely as the case will only be heard days after the period.
On September 6, the Supreme Court stayed Judge Mulenga’s judgement.
ECZ had set September 10 as the day of nominations but the state through Attorney General Mumba Malila quickly moved to block the nominations and the Supreme Court stopped the filing of nominations.
Acting Deputy Chief Justice Mumba then granted Solicitor General Musa Mwenye the stay after the High Court had earlier declined to grant the application.
Justice Mulenga declined Mwenye’s application to stay the execution of her judgment that quashed ECZ’s decision that purported to block the trio from recontesting their seats on grounds that the statement by the Judiciary and its subsequent letter to the ECZ did not have legal force to reject nominations from the trio.