Africa-Press – Zambia. Bowman Lusambo has appealed the High Court’s decision to nullify his election as Kabushi member of parliament. Last week, Lusaka High Court judge, Edward Musona sitting in Ndola nullified Lusambo’s election as Member of Parliament. However, Mr Lusambo has appealed the decision by Judge Musona in the Constitutional Court.
In his memorandum of appeal, the former Lusaka Province minister argues that the learned trial court erred in law and in fact when it held that the reported violence in four out of eight wards of his Constituency amounted to wide spread violence, while acknowledging that he (Lusambo) may only have been present at two occasions when violence is alleged to have been perpetuated.
“The learned trial court erred in law and in facts when he shifted the burden of proof to him (Lusambo) when he held that the failure to show that he attempted to stop the violence meant that he concerted to it or acknowledged the violence. The trial court erred in Law and in fact when he held that the majority of the voters where or may have been prevented from voting for the candidate of their choice,” read the appeal in part.
“That the learned trial judge erred in law and fact when he held that the clinched fist was used as a symbol for the Patriotic Front party.
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