ConCourt affirms Miyatu duly elected MP for Kalabo
By Staff Reporter
THE Constitutional Court has affirmed the election of Chinga Miyutu as duly elected UPND member of parliament for Kalabo Central.
Judge Anne Sitali made the declaration yesterday after dismissing 11 grounds of appeal which PF losing candidate Richard Mwapela advanced in court.
Mwapela appealed to the Constitutional Court against the Mongu High Court’s decision to dismiss the petition in which he challenged the election of Miyutu.
Mwapela contended that the Mongu High Court erred in law by finding that Miyutu was duly elected when he had adduced evidence that the UPND candidate at the time influenced the electorate to vote for him against their will.
He argued that the trial judge also erred in both law and fact when it declined to consider the evidence that Miyutu distributed salt to the electorates, saying that the judge should have accepted that evidence and find that the latter engaged in election malpractices.
But in a judgment read by judge Sitali, the court dismissed all the grounds of appeal for lack of merit.
She said Mwapela failed to prove the allegations to the required standards.
Judge Sitali added that there was no evidence that neither Miyutu nor his agents were directly linked to the allegations of malpractices.
She said the appeal failed in its entirety, declaring Miyutu as the validly elected member of parliament