UPND SUES ZAF FOR FLYING CLEARANCE

By GRACE CHAILE LESOETSA UPND has sued the Zambia Air Force (ZAF) commander  Lieutenant- General David Muma  for failure to act on the 15 applications for flying clearance. It has also separately sued national broadcaster, ZNBC, for not airing select campaign advertisements. UPND Secretary-General Batuke Imenda and Sky Trails Limited in their application for judicial review over the refusal to grant them flying clearance cited the Attorney General and ZAF Commander as respondents. Mr Imenda stated that UPND hired fixed wing aircraft and helicopters from Sky Trails with which it intended to convey its candidates to various parts of the country for campaign purposes. He said that Sky Trails completed and submitted 15 applications for flying clearance between July 22 and July 29 this year to the Air commander. Mr Imenda stated that the 15 applications have not been acted upon by ZAF and has not informed them as to the outcome of the applications or what steps to take to meet the requirements for grant of flying clearance. He however claims that the Air commander has been quick to grant them flying clearances for Southern, Western and North-Western provinces but not other provinces which are perceived to be PF strongholds. He stated in the same application filed on Monday that before the campaign period comes to an end today, the party’s Presidential candidate Mr Hakainde Hichilema needs to fly and campaign in some parts of the country which he has failed to visit due to lack of flying clearance. Mr Imenda stated that should the court grant him leave to apply for judicial review, such leave should operate as a stay of the respondent’s decision not to act on the said applications submitted to the Air commander. In the other matter, UPND is seeking judicial review and seeks an order of certiorari to quash the decision of the ZNBC Director General denying airing of the party’s campaign adverts. The party also seeks a declaration that the ZNBC’s action of rejecting their adverts is ultra vires as article 20  of the constitution , section 7 (1)(h) (j) and 9m0 of ZNBC ACT  and the Electoral  (code of conduct) Regulations 2011 of the Electoral Act, Chapter 13 of the law , is therefore null and void.