The Lusaka High Court has dismissed an election petition against the election of Whiteson Banda as Milanzi member of parliament.
This is in a matter where PF losing candidate Musa Banda challenged the election of Whiteson Banda and the Electoral Commission of Zambia (ECZ) over his loss in the September 20, 2011 elections.
Delivering judgment today, Lusaka High Court judge Christine Phiri dismissed all allegations against Banda because the petitioner failed to prove his case to the required standard of probabilities.
Judge Phiri said the court required that the case be proved on preponderance of probability, and that there may be a degree of probabilities within which a petition is standard.
“And the civil court when considering a case of this matter, nature which is a petition in this case to nullify the election will require a higher degree of probability. And accordingly, I dismiss this petition and I declare Whiteson duly elected member of parliament of Milanzi,” said judge Phiri.
Exclusive to Zambia Reports