PF losing candidate for Lubansenshi in the 2011 elections Lazarous Chota has applied in the Supreme Court to petition Ndola-based judge Petronella Ngulube's judgment which dismissed his election appeal out of time.
In this case, Chota appealed against the election of Lubansenshi member of parliament Patrick Mucheleka. But judge Ngulube dismissed the appeal after finding that voters were not prevented from electing their preferred candidate and that nothing affected the election results in a negative way as alleged by Chota.
Judge Ngulube had stated in her judgment that Mucheleka was so favoured in spite of being an independent candidate and that he carried out his campaigns with the support of many stakeholders in the constituency, resulting in him being elected member of parliament.
She said from the evidence before her, it was clear that Chota was rejected by the people in the area who in turn asked Mucheleka to stand as an independent candidate, but granted Chota leave to appeal.
And Chota appealed to the High Court but the matter was thrown out on grounds that he filed it late.
However, Chota has applied in the Supreme Court to appeal out of time.
He stated in his affidavit filed on March 20, 2013 that he could not file his affidavit within 30 days because he had a bereavement in the family.
Chota stated that he lost his first born daughter saying that he was disappointed that he was being requested to provide a death certificate which he considers inhuman.
He stated that he was out of time by four days and when he filed an application in Lusaka, it could not be processed as the judge was based in Ndola.
Chota further stated that he made several requests with the chief marshal to assist to take the file to Ndola but that due to logistical reasons, it took time before the file was presented to judge Ngulube and to agree on hearing dates.
He submitted that the Supreme Court had discretion to grant him leave to file an appeal out of time.
Chota through his lawyer requested that the chief marshal be subpoenaed to give an explanation on oath.
But Supreme Court judge Gregory Phiri said the request to subpoena the chief marshal to give evidence on oath was unusual.
He said affidavits must be responded through other affidavit and refused the request to subpoena the chief marshal.
Judge Phiri has adjourned the matter to April 22, 2013 for hearing.