-J8-
In opposing the petition, the Respondent filed an answer and an
affidavit verifying facts. The Respondent traversed seriatim each and
every allegation levelled against him. He contended that he was duly
and
validly
elected
as
a
Member
of Parliament
for
Malole
Constituency.
SUMMARY OF THE PETITIONER’S CASE (ORAL TESTIMONIES)
The Petitioner apart from herself called thirty-four (34) witnesses,
referred to as Petitioner Witness(s) (PW(s)). And the Respondent apart
from himself called five (5) witnesses, referred to as Respondent
Witness (s) (RW(s)).
PW1 was Anne Chewe Mutale, a peasant farmer of Mwele Village. She
attempted to testify about alleged abuse of social cash transfer in
connection to the election; however, Counsel for the Respondent
objected by contending that there was no allegation of that sort in
the petition, and the Petitioner’s Counsel, Mr. Cheelo conceded. In
essence PW1 was withdrawn.
PW2 was Marcel Sampa, a peasant farmer of Chilele Village, Chief
Mwamba in Mungwi District and a branch chairperson in the UPND.
He stated that on August 12, around 05:30 hours, he proceeded to
vote at Mabula Polling Station. He said near the polling station, he
found young men dishing out face masks and he was given one. He
said he voted, and on his return, he found the same gentlemen who
had earlier given him a face mask. He said he was directed to a house
of Bubble Kapolyo, a PF agent. He said the said house was located