By PERPETUAL SICHIKWENKWE –

. Musokotwane

THE Supreme Court has declared MMD’s Situmbeko Musokotwane as the duly elected Member of Parliament (MP) for Liuwa Constituency in Western Province.
A panel of five judges yesterday upheld the petition judgment of High Court ‎Judge Jane Kabuka and declared Dr Musokotwane the winner during the September 20, 2011 elections.
Losing Patriotic Front  candidate Lieutenant Colonel Kameta Simuyuwa and his counterpart from the United Party for National Development (UPND) Mundia Sikufele had petitioned the election of Dr Musokotwane and the Electoral Commission of Zambia, alleging electoral malpractices such as bribery.
Ms Justice Kabuka, however, dismissed the allegations and declared Dr Musokotwane as duly elected.
She, however, found Dr Musokotwane wanting on allegations of bribery.
It was for this reason that Lt Col Simuyawa and Mr Sikufele appealed to the Supreme Court, arguing that even one allegation was enough to have Dr Musokotwane’s election nullified.
But Supreme Court Judge Gregory Phiri who delivered the judgment on behalf of other judges dismissed the allegation that Dr Musokotwane engaged in bribery.
Mr Justice Phiri said that the trial court fell into error when it supported evidence of one of the witnesses that Dr Musokotwane engaged in bribery when in the same judgment the court discredited the same witness’ evidence.
The Supreme Court agreed with Ms Justice Kabuka that the evidence of the petitioners, witnesses was contradictory.
“The totality of the evidence, we find no merit in ground one to five of the appeal. The appeal fails,” said Master of the Supreme Court Anastazia Lelbert when she read out the judgment on behalf of Mr Justice Phiri.
Mr Justice Phiri said Dr Musokotwane did not engage in malpractices to warrant the nullification of his seat.