34.
PW3 was then referred to Petitioner’s exhibit “CK12”, which is a
list of names of polling agents for the Petitioner and in response
he confirmed that his name was the second on the list. He added
that the Petitioner only had 17 polling agents. He also alluded to
the fact that he did not have a specific polling station. When
questioned on whether the Petitioner’s team was disorganized or
not, PW3 hesitated to answer the question and simply stated
that the Petitioner’s agents were denied access to the polling
stations.
35.
In cross examination by Mr. Musoka, he reiterated his evidence
concerning what he observed on election day. He also reiterated
that where he found people voting on behalf of the illiterate was
at Kasonge. He confirmed that he was aware that ECZ is
mandated to help the aged, illiterate and the blind when voting
but maintained that not all being assisted were aged or blind.
PW3 added that he was not in a position to lodge any complaint
it was the Petitioner who could complain. He also conceded that
he did not object to what he saw at the polling station.
36.
PW4 was Mr. Norman Simwala, aged 29 years of Helen Kaunda
in Lusaka, a freelance electrical technician. He attested that he
was the Petitioner’s right-hand man and personal assistant.
His further testimony was that as members of the Petitioner’s
team, what they noticed was that a neighbour, one George
Bunda a teacher at Ponga Primary School, would receive gifts
from the 1st Respondent and it appeared that the people who
came to intimidate had to go through Mr. Bunda and later they
J18
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