Wed, 21 Dec 2016 12:13:15 +0000 By Violet Tembo PROFFESOR Nkandu Luo has been denied a stay of execution and therefore immediately loses her seat and ministerial position. In a belated judgement by Ndola High Court Judge Edward Musona, an application for a stay was rejected on the grounds that a stay was legally untenable. The Judge was discharging an earlier stay granted before an inter-parte hearing. However, Judge Musona’s ruling together with Judge Siavwapa’s decision not to stay, is contrary to a Supreme court decision made by then Acting Chief justice Florence Mumba who ruled that it was important to stay election nullifications in order to ensure continuity of representation for a constituency. In her 25th June 2012 judgement in the case of Eileen Imbwae, she ruled that, “In an election petition judgement where the interests of the electorate in terms of representation in parliament have to be taken into account, protecting those […]
