THE Elections Tribunal in Ndola has dismissed petitions for Kaloko and Masala wards of Kabushi constituency due to lack of sufficient evidence.
In Masala ward, Royd Phiri, 25, a losing UPND candidate with over 1,200 votes petitioned PF councillor Andronicus Ngulube who won the elections with 1,900 votes.
While in Kaloko ward Denis Chanda of UPND with 1,022 votes petitioned the PF councillor Florence Mwambazi who won the local government election with 1,317 votes.
In passing judgment for Masala ward, tribunal members Peggy Banda, John Zulu and Prudency Hapungani said Phiri did not provide sufficient evidence to prove his case.
The tribunal noted that there was need for Phiri to take note that for the tribunal to declare the sit vacant due to illegal practices, the first correspondent who was Ngulube should have personally involved herself in the illegal acts.
“The law provides that for the tribunal members to cancel the election of a candidate as a member of parliament or councillor he or she should have directly influenced the voters from voting for their preferred candidate,” the tribunal members said.
The tribunal noted that in the case, the UPND candidate did not prove before it that he personally saw the PF councillor allegedly involving herself in the said illegal practices which included preventing the voters from voting for their preferred candidate hence it was not possible for the tribunal to declare the sit vacant.
The tribunal noted that it was also necessary for the UPND candidate to have called independent witnesses who were not UPND supporters because they could not have interest in the party.
The tribunal further said some of the illegalities that the UPND candidate pointed out to have allegedly been committed by the PF councillor did not happen within his ward.
“The UPND candidate has not proved its case to the high degree of convincing clarity hence the petition has been dismissed and each party will have to pay their own costs,” ruled the tribunal.
In Kaloko ward, the tribunal also dismissed the petition due to lack of sufficient evidence by the UPND candidate who petitioned the PF councillor.