The Constitutional Court has upheld the election of Patriotic Front-PF’s Peter Daka as Msanzala Member of Parliament.
This is after the Constitutional Court dismissed the appeal by losing Independent candidate Maragret Zulu whose petition was initially dismissed by the Ndola High Court.
Justice Mungeni Mulenga sitting with Justices Enoch Mulembe and Justice Margaret Munalula delivered judgment on Wednesday.
In dismissing the appeal, the Constitutional Court held that the first petition in the High Court was initiated under the repealed Electoral Act and could NOT be amended at appeal.
The court ruled that this rendered the appeal case null and void.
Mr Daka was represented by Kelvin Msoni of JB Sakala and Company.
This becomes the first electoral petition appeal case to be determined by the constitution.
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