THE Lusaka High Court has declared that Miles Sampa was duly elected as Matero PF member of parliament in the August 12, 2021 general elections.
Judge Derrick Mulenga threw out the petition filed by losing UPND candidate Tom Michelo on the ground that he failed to prove the electoral malpractices allegations levelled against Sampa.
Michelo in the petition urged the court to nullify Sampa’s parliamentary seat, arguing that he was not the duly elected member of parliament for Matero constituency because he engaged in electoral malpractices such as bribery, violence and vote buying.
However, Sampa in his answer to the petition and during hearing of the case distanced himself from the allegations, saying that nobody was prevented from voting a candidate of their choice.
He told the court that he won the seat because he was popular.
A witness had testified how Sampa was axed in the back by someone who wore a red t-shirt.
Witness Moses Zimba said there was violence in Matero which affected the election result.
However, in his judgment, judge Mulenga upheld the election of Sampa after dismissing all the allegations against him.
He said there was no evidence that the election was not free and fair and nobody was prevented from voting for a candidate of their choice.
Judge Mulenga said there was also no evidence before court that the electoral system was flawed.
He added that the request by Michelo for an order that ballot papers be scrutinized, verified and be recounted was not supported by any evidence.
The judge said it was his considered position that Michelo lamentably failed to prove with the high standard that there were electoral malpractices in Matero, adding that there was no credible and cogent evidence adduced that the alleged malpractices were committed with the knowledge of Sampa.
Judge Mulenga said Michelo failed to prove that the election was not conducted within the law.
“The allegations have not been proved for the petitioner to call for a nullification and I therefore, order that Miles Sampa was duly elected as member of parliament for Matero constituency. The petition is accordingly dismissed. Each party to bear own costs,” said judge Mulenga.
Meanwhile, judgement for Mandevu parliamentary petition and Chawama will also be declared today.