A PETITION DOES NOT CANCEL AN ELECTION — LET US EDUCATE ZAMBIANS CORRECTLY
written by Shamoba
There is a need to educate the public on what the Constitution of Zambia actually provides regarding a presidential election petition, instead of creating unnecessary confusion and misleading citizens.
A presidential election petition is a constitutional mechanism through which an aggrieved person challenges the validity of an election before the Constitutional Court. It does not, by itself, mean that the election has been cancelled, nor does it mean that the President-elect has automatically been removed from the position of President-elect.
The Constitution provides a clear procedure. Under Article 103, a petition challenging the election of a President-elect may be filed within seven days of the declaration of the President-elect, and the Constitutional Court is required to hear the petition within fourteen days of its filing.
What is important for Zambians to understand is that the filing of a petition can affect the timing of the inauguration. Article 105 provides for the President-elect to be sworn into office after the Constitutional Court has dealt with the petition and declared the election valid.
Therefore, it would be equally misleading to tell citizens that a petition has absolutely no effect on inauguration. It can delay the swearing-in while the constitutional process is being followed.
At the same time, a petition does not mean that the person who has been declared President-elect has automatically lost the election. The final determination belongs to the Constitutional Court. The Court can uphold the election or, where the legal requirements are met, nullify it.
The Constitution also provides for the continuity of executive authority during this period. Article 104(3) provides that where the prescribed circumstances arise, the Speaker performs executive functions, subject to the constitutional limitations, while the matter is being dealt with.
This is why political leaders, journalists, activists and commentators must be careful with the information they give the public.
Let us distinguish between these three things:
- Filing a petition — this is a legal challenge to the election.
- Hearing of the petition — this is the judicial process through which the Constitutional Court examines the challenge.
- Determination of the petition — this is when the Court makes its decision on the validity of the election.
A petition is therefore not the same thing as cancellation of an election.
Zambians deserve facts, not political speculation. If someone says, “A petition has been filed, therefore the election is cancelled,” that is misleading. If someone says, “A petition can never affect inauguration,” that is also misleading.
The correct position is that the Constitution provides a process for dealing with the petition, and the outcome of that process determines what happens next.
We should allow the Constitutional Court to do its constitutional duty and allow the law to speak for itself.
Do not mislead Zambians. Educate them……………..End
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