The ruling United Party for National Development -UPND- has asked the Constitutional Court to remove Section 97(2) from the electoral law, in a move that will see the courts easily nullify parliamentary and local government seats which have been challenged.
Section 97(2)(a) requires a higher standard of proof in election petitions for the courts to nullify elections and the petitioner is required to show that the candidate and his agents were involved in some malpractice and the majority of voters were prevented from voting for a candidate of their choice.
In a petition filed on 3rd November, 2021, UPND Media Committee Member Joseph Busenga has asked the Court to expeditiously hear his petition before the courts conclude hearing petitions and appeals arising from the August 12th 2021 general elections.
Mr. Busenga hopes the hearing of his petition will be expedited in line with the recent judicial precedent as it has the bearing on the ongoing petitions brought before the High Court, the Electoral Tribunals under Section 97 (2) (a) of the Electoral Process Act No (35) of 2016 as well as appeals before the constitutional Court.
The UPND, which petitioned all parliamentary seats won by the PF and Independents and over 400 local government seats have suffered defeats in many of these petitions as the petitioners failed to satisfy the provisions of Article 97(2)(a).
If the petition before the Constitutional Court is successful, the UPND will seek the nullification of seats during the appeal processes which take years to conclude.
The UPND currently cannot pass Bills and motions which require two third majority of MPs to vote such as Constitutional Bill and removal of immunity of former Presidents.
Losers.
Perhaps it’s an issue of wrong reporting here, the courts do not make laws, and they do not amend laws either.
The UPND has asked the court to remove Section 92 (7) from the Electoral Act. How?
Alas, this is bad on the part of the UPND, petitioning all lost seats sure?
Upnd want to rule forever. We are going to experience things we have never experienced in this country.
There will either be war or coup. Removal or Nullify so that they remain alone in Parliament.
Shame on the entire upnd including voters.
Still politiking! HH is more popular than the whole UPND political infrastructure. This skewed model is significant!
This advice at no charge to my friend Spaka-like-lilo enjoying life in Great Britain.
UPND want a one-party state. But I wonder whether this is what Zambians also want. We shall see!
Mad cows led by a mad president.
Mad cows led by a mad president. Zambia is finished
This is bad politics for UPND. No wonder opposition were resisting appointment of new Attorney general and Solicitor general. You have come to kill demicts
Make do with the seats you got. Do not use brute force to forge a majority; use tact and political expediency where appropriate. Do not — repeat — DO NOT do anything that will come back to bite you in the a$$es in the not too distant future. Muzipunzila ku anzanu imwe a mambala! How does politics short-circuit ma memories ayini?
And ba HH told us on inauguration day that he was going to respect the rule of law!
We were warned. We didn’t listen. How does one ask a court of law to change the law? Laws are changed by Parliament, chapwa.
What kind of dictatorship is this?
They want to wipe out the opposition and remain alone in Parliament so that they rule forever. Very soon, we shall hear that they have gone to court to ask the court to change the law so that the president stands unopposed in future elections or against frogs. Shame!
We fought against one party rule under KK and upnd wants to take us back there.
You want to take us back to the hero worshipping and abuses of a single party rule, surely, in this day and age?
This is what we removed in 1991 a one party state now this government want it back, however we all know that in three provinces it is already a one party state and one Tonga president for ever what a joke.
Now they want it to be country wide , it won’t work in Zambia what fear do this leadership have just stick to what got you into power don’t change anything.
This is the problem with this clique of non thinking government everything good they want to pollute, this corruption is un heard of just stop it people want to have some space.
Deja Vu – Its for your post there that most bloggers accuse you of being partisan yet you deny…who is the loser?
We have not even heard anything from this Constitutional Court…Lazy Lungu did a lot of appointments there before the elections. My question about this removal of the MP is that what happens to the seat whilst waiting for judgement? You are simply depriving the people with an MP…you just need to speed up the judicial process…what do these guys at Concourt do anyway…that they take 48 months? Look at the Prof. Luo seat where evidence disappeared and judgement went in her favour.
Caleb – Did you ever take notice of how those offices under Lazy Lungu were approving some payments to PF aligned law firms…I am surprised ACC has not called them in for questioning!!
Here we go again….this is very bad Politics…..now UPND wants to cling to power forever….Zambians you were warned now see what this one term President and his minions are trying to do….
Going the wrong way again! Zambia is a democracy isn’t it? You can’t all be UPND, and class yourself democratic?
The PF are even lucky , …………..
that the UPND is looking at changing things through the law…….
As opposed to the way they done things……
Through violence, corruption, bribing and appointing corrupt judges……….
Just count your selves and the clique lucky
#13 Tarino Orange…. First tell me if you are not Upnd, Second do you want all of us to be Upnd? Whether I’m partisan or not I have a right to express my opinion. You are the one who is lost because you see everything even boobs by Upnd as sweets. So far I am not impressed with anything. And why pick on my postings? It’s a sign that I am tearing your mediocrity to pieces. Wishing you the best.
I really don’t understand this article at all. This nobody lower ranked UPND cadre want a court to remove a law? Where did the ConCourt get those powers?
Deja vu even a baby knows that chi tarino is a t0nga who supports upnd. He is a mere cadre
UPND partitioning all seats won by PF and Independents is quite bizarre and embarrassing. I mean this is worse than PF… Spaka mate grow a pair and condemn wrong things regardless of what party is committing such wrongs – check your conscience. Why can’t UPND just come up with good laws and work with progressive PF and Independent MPs in a bipartisan way? HH and UPND are a huge let down already. Unbelievable!
And of course everyone knows that I’m a Kaizar Zulu wannabe trolling from the UK, and I am always here looking for validation from LT bloggers to fill an empty and lonely space in my life. But regardless I believe I am better than this Tonga loser Tarino Orange. So there I said it!
That’s the reason I dont l like politicians. They are just the same. But UPND seem to be in hurry to silence opposition. Maybe this is why Zambians preferred KK than many other freedom fighters then
Poorly written story. Those certainly aren’t the facts.