UPND Candidate for Matero Appeals High Court Decision In Favour of Sampa

Tom Michelo, the losing UPND candidate for the parliamentary seat in Matero, has appealed to the Constitutional Court against the High Court’s decision to uphold the election of Patriotic Front’s Miles Sampa to parliament.

Michelo’s notice of appeal detailed the politician’s dissatisfaction with judge Derrick Mulenga’s decision, delivered in a petition judgment on November 19, that Sampa was the validly elected MP for Matero

Michelo had argued that Sampa engaged in electoral malpractice that interfered with the electorate voting for the candidate of their choice.

But judge Mulenga dismissed the petition and declared that Sampa validly won the election.

Michelo has now filed 13 grounds for appeal, however.

He has argued that judge Mulenga erred both in law and in fact when he decided to ignore and disregard the overwhelming evidence of a series of transgressions during the Matero elections laid before him. 

Michelo added that the trial judge erred in law and in fact when deciding to disregard the evidence pointing to a series of violent attacks carried out by cadres acting with the knowledge and consent of Sampa on UPND supporters. Michelo holds that such acts of violence were part of the fear tactics of the PF, which meant the constituents of Matero were not free to elect who they wanted.

He said the judge misdirected himself when he decided and held that Sampa was the duly elected as MP for Matero constituency, failing to accurately appraise the weight of evidence placed before him.