The Law Association of Zambia (LAZ) has charged that only the courts of law, upon being petitioned, have the powers to nullify election results.
Association president Abyudi Shonga said LAZ is immensely perturbed by sentiments by President Lungu, who is also a presidential candidate in the 2021 Presidential election, calling the elections in Western, Southern and North Western Provinces, a nullity.
Mr Shonga said although candidates have a constitutional right to be aggrieved with the electoral process, the law provides for mechanisms to address any such grievances.
He said according to the Constitution of Zambia, electoral disputes and grievances can only be resolved by the courts of law, after, and not before, election results are announced and winners declared by the body mandated to do so, which is the Electoral Commission of Zambia (ECZ).
“In respect of presidential elections, Article 101(4) of the Constitution specifically provides that the body mandated to settle disputes and nullify elections is only the Constitutional Court, which can only be petitioned within 7 days of a declaration of a winner of the presidential election results, and not before. Therefore, sentiments impugning the elections by anyone other than the Courts of law are most unfortunate and have a danger of undermining democracy, constitutionalism and rule of law in the conduct of general elections in the country,” he said
Mr Shonga said suggestions that the ECZ can be ordered to stop announcing election results and declaring a winner on account of one party being unhappy, whether or not the complaint is justified, are not in tandem with the law governing elections.
He called on stakeholders including President Lungu, who is equally bound by the Constitutional provisions to give ECZ a chance to discharge its mandate without fear or intimidation.
“The electoral process must be protected in order for the election to be legitimate. This is the only sure way, we can as a country, continue to entrench democracy and constitutionalism in our nation, which forms our national values and principles as provided under Article 8 of the Constitution of Zambia. In order for the will of the people to prevail, the sanctity of the election must be protected,” Mr Shonga said.
Don’t be stupid. People were killed. Learn to be quiet. This is not child’s play..don’t think we have lost just because we Express disapproval of results where violence took place. Check the electoral act. Very dumb so called lawyer
You are just as bad a LOSER like your former boss, UK based troll and imposter KZ! Have you packed your bags, ready for the inevitable stay in Lusaka Central Prison?
YOU SO CALLED KZ, WHO EVER YOU ARE , SADLY YOU HAVE LOST
NOT THE STRONGHOLD , YOUR LOSS IS FROM YOUR SO CALLED BED ROOMS AND STRONGHOLD ,SHAME SHAME ,
LOOK EVEN ME WITH MY KIDS WE WON YOU ON BILL 10, EVEN WHEN YOU SPENT SO MUCH ,
LOOK AND NOTE THAT THE WHOLE WORLD IS WATCHING AND THIS IS NOT UGANDA WHERE YOU THINK
YOU CAN COPY CRIMINAL MUSEVENI TRICKS ON US NOT ALL, EVEN JUST ME ALONG PF AND LUNGU CANNOT CHALLENGE
ON THESE MATTERS AT ALL.
NO MORE CADRES ON THE STREETS AND WARD DEVELOPMENT COMMMITTEES , MARKETS AND STATIONS , BUT WE COUNCILS TO IF SO EM[PLOYEE MORE PEOPLE AND MAKE MORE MONEY
LAZ need not even explain this to Lungu or ECZ. They know it.
Look at the UK based impostor/ troll even LT will not protect its a£$% this time…these people have no shame at all..I hope it dont work in the embassy as it will be soon sent packing. Those jobs are for seasoned civil servants.
it is getting evident that Edgar Lungu didn’t amass enough ballots to continue as president. I may personally have supported him, but I can’t go beyond what the majority wants. Democracy is not being stubborn, but accepting a calling from masses.
I have said time and time again that Lungu’s papers need to checked Siwale was right when he said this is not the real Lungu…surely this man spent 4 years in Law School up to now can not interpret anything he got his ministers in trouble. I hope we will now find out who paid those minsters salaries. This is why even the economy is a mess because he hasnt got a clue please go and take that drunkard Christopher Mvunga with you, BOZ needs a proper competent Economist.
His call is right if what he claims happened in those provinces. To start this debate LAZ, you have to think twice.
The Acts in those provinces if true is sabotage of the electoral process tantamount to rigging. Both upnd and pf should now allow ECZ to do it’s job.
Upnd stop bothering ECZ when they are announcing.
Pf stop trying to stop announcing of results.
ECZ please proceed. At this point don’t allow any interruptions during announcements of results.
Hold a separate session for issues.
Let’s move as I have directed. I don’t want to see an ECZ that doesn’t want to use its teeth.
Kaizar Zulu. Shut up. There are 2 options for you in the future. You will either be in jail or the people will burn your house with you inside in Ibex.
Fuseke!!! We are still winning haha
Whether election saboteurs in polling stations made mess on PF agents present in SP, WP and NWP, it can NOT offset the trail president Lungu is in to out do the opposition head, Hichilema. PF strongholds are also trending with protest votes all over against PF.
@ Kaizar Zulu the UK government is going to help the incoming president to do the right thing and hold you accountable for STEALING from Zambia. You are a THUG.
@Kaizar Zulu your party lost take a back seat. You are behaving like a rabbied dog.
LT why you keep moderating. Be fair to all comments.