By 
The Lusaka High Court has dismissed independent presidential hopeful, Wilah Mudolo’s bid to challenge the Electoral Commission of Zambia’s (ECZ) refusal to extend the deadline for filing his presidential nomination papers, describing the application as “frivolous and vexatious.”
Mudolo, a politician and businessman who intended to contest the August 13 general election as an independent candidate, had sought leave to commence judicial review proceedings against the ECZ’s decision.
He argued that he was unable to file his nomination papers on May 22 because he was required to attend court proceedings in South Africa, where he has business interests, and risked arrest if he failed to appear.
Court documents show that Mudolo paid the K100,000 presidential nomination fee on April 30 and that his supporters had already been verified by the ECZ before the nomination deadline.
Read more: Independent aspirant, Mudolo, sues ECZ over rejected nomination extension request
He contended that despite these steps, the ECZ rejected his request for an extension of time to file his nomination papers.
In a ruling delivered on July 1, High Court Judge Limbani held that the Constitution fixes the date of a general election, leaving the ECZ with no authority to alter the electoral timetable.
The judge also took judicial notice that the printing of presidential ballot papers had commenced in Dubai, United Arab Emirates, on June 30, and held that it would be unreasonable to interfere with a process that was already underway solely to accommodate the applicant.
Judge Limbani further found that allowing judicial review proceedings to proceed would serve no practical purpose because preparations for the election had reached an advanced stage.
He held that any such proceedings would amount to an academic exercise, adding that the broader public interest in maintaining the electoral timetable outweighed Mudolo’s individual interests.
The court consequently found that the application lacked merit and dismissed it with costs, to be agreed or taxed in default.
WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.
Comments