President Hakainde Hichilema has said the Lusaka High Court’s decision to stop the Kabushi and Kwacha Parliamentary by-elections from going ahead as planned on 15th September 2022 shows how the New Dawn government has restored Zambia’s democracy.
The court has granted the prayer by former Kwacha PF Member of Parliament Joseph Malanji and his Kabushi counterpart Bowman Lusambo to suspend the by-elections in the two constituencies pending determination of the matter in which they have contested the Electoral Commission of Zambia’s decision to declare their nomination invalid.
Judges Mwape Bowa, Sharon Newa and Catherine Phiri ruled that though the High Court does not have the authority to make a determination on constitutional matters, Article 52(4) of the constitution gives it the power to handle challenges relating to nominations in an election.
The trio said proceeding with the by-elections would be of grave injustice to Mr. Malanji and Mr. Lusambo as there was a likelihood of disenfranchising the duo by the time their petition would be determined.
Speaking to journalists in Ndola on the Copperbelt, President Hichilema said the UPND government has brought orderliness, rule of law, democracy and sanity in the courts.
He said the opposition should thank the UPND administration for restoring fairness and orderliness in court.
“The issue is that in a democracy, in a land of the free, the freedom we fought for. The brutality we took out, the lawlessness we took out, guns, teargas, bullets, we also have brought space, democratic space, rule of law. When a citizen or citizens go to court or the government is involved in that process. There is only one outcome. A decision will be made in favour of one litigant against one another. That is the democracy we fought for. That litigant who has won could be a citizen like you (journalist) over whatever matter. The one who has lost is another citizen or the government or a company. This is normal and I am surprised Zambians are beginning to talk a lot around this issue,” President Hichilema said.
“This is exactly what we fought for. So, the court can decide whether the court made the right decision is a different question. Did they make the right decision? Did they consider all the facts at play? Did they understand that this election was occasioned by the very court that nullified the seat and the Electoral of Commission of Zambia (ECZ) declared the seat vacant and campaigns were opened and I am here to campaign because I came to politics through UPND. I must campaign. How does this become an issue? It shouldn’t be an issue. That is again a normal thing that we created. I think we got used to lawlessness and disorder. When there is an order like this, people get angry,” he continued.
President Hichilema added:”I want to appeal to UPND members; this is what you fought for. Today a ruling was made against you; tomorrow it will end in your favour. Even the colleagues in the opposition, today you are happy but only a few months ago, not even months ago you were not happy when the ruling was made against nullifying the seat, you were screaming at HH. Now a ruling is made in your favour, you are screaming at HH. Finshi nachita ine nemulanda? (What have I done?) What have I done? I am not the one who went to court .I am not the one who made a ruling and I saw someone attacking me twakusuma iwe HH, we have done you in. That is a misplaced position. This is the order we have brought and they are enjoying this order. They must say thank you to the UPND government that has brought fairness and orderliness in court. In the bus stops no violence, in the markets no violence. That is the leadership that this country was missing.”
President Hichilema said the elections will take place in the future. He also reiterated that holding by-elections was a waste of public resources.
“The election will take place here, come rain, come sunshine and all I ask our members to be ready for the elections. In whatever form, whatever shape. In future, we would like to invite you Zambians to amend the laws that are instigated by elections. Let us not waste resources. I have said that you have heard my views before. This money we are wasting here could have sunk more boreholes; we could have bought more desks for our children to seat. We must be a country that is prudent; a country that respects that money is scarce. We must always use them optimally, meaning effectively, efficiently and not waste. This is a waste of resources. Not UPND resources but national resources. Citizen’s resources. It doesn’t matter who is spending here, it is national resources. Let’s protect resources from wastage. That is where we should go and I still hold that position,” Mr. Hichilema concluded.