Pay RB, Supreme Court Orders Sata

THE Supreme Court has ordered Patriotic Front (PF) leader, Michael Sata to pay President Rupiah Banda legal costs arising from the abandoned presidential election petition. Sata petitioned the October 30, 2008 presidential election results seeking a recount of all ballot papers after President Banda was declared winner.

In the ruling read by Supreme Court judge, Dennis Chirwa, Mr Sata was ordered to pay costs for Banda while the Electoral Commission of Zambia (ECZ) and the attorney general would settle their costs. Justice Chirwa said when the matter came up on April 27, 2009, Sata’s lawyer Bonaventure Mutale informed the court that he had been instructed to withdraw the petition. He said that since there was no objection, the petition was formally withdrawn and what remained was the question of costs.

Mutale submitted that the court should order each party to bear its costs as the petition was not frivolous and was bonafide because it was taken to court as a result of the manner in which the ECZ conducted the polls. He said the petition raised some constitutional issues and Sata should not be condemned in costs. He said the court had in the past stated that in a democracy, people must be encouraged to litigate important constitutional issues.

The judge said in response, Banda’s lawyer Patrick Mvunga said that the petition was distinguishable from the previous presidential election petitions because they were heard and completed and not abandoned.

Mvunga said the court was able to determine whether the petition was frivolous after hearing the matter and since Sata had abandoned the petition he should bear the costs. Mvunga further submitted that the very act of abandoning the petition showed that it was frivolous and that the court should adopt the usual practice of the costs following the withdrawal.

Abyudi Shonga, another lawyer for Banda said that it would be unjust for the parties to bear their own costs and let Sata walk away without costs because President Banda had already incurred costs in the petition.

Mr Justice Chirwa said that the court agreed that Sata properly petitioned the elections as allowed by the Constitution and that it was alive to its decisions on costs in previous presidential election petitions.

“In those decisions, we ordered that each party should bear own costs because we found that the petitions were not frivolous and parties should not be inhibited to challenge the election of a president by unwarranted condemnation in costs,” he said.

He said in Sata’s petition, the court was not in a position to say whether it was frivolous or not because it was not heard and the allegations were targeted at the conduct of the ECZ.

“No wrong doing was alleged against President Banda as he was brought in because he was declared winner and in the circumstances, we see no reason why President Banda should be denied costs,” Mr justice Chirwa said. He ordered that Sata should bear costs for President Banda while the ECZ and the attorney general would bear their own costs.

And Banda’s lawyers, Shamwana and Company in a letter dated May 5 this year to the president’s special assistant for legal affairs Joseph Jalasi informed the latter that Sata had formally discontinued the matter.

“We are delighted to confirm that the petitioner has now formally discontinued the matter before court.

Resulting from a further application, the petitioner was ordered to pay the first respondent costs,” reads part of the letter. The lawyers said that they were in the process of claiming costs and would update Jalasi as the matter progressed.