THE Lusaka High Court has indefinitely adjourned the matter in which the UPND has sued the Electoral Commission of Zambia and the State over ECZ’s decision to launch and host the online voter registration as a “test run” on its website eczovr.org.
Judge Mwila Chitabo has directed that since there were similar cases by different parties seeking the same reliefs before different courts, the matter before him would be adjourned indefinitely with liberty to restore pending an order by the Constitutional Court in a matter where Chapter One Foundation has petitioned ECZ and the state over the electoral body’s decision to limit the voter registration exercise to one month.
This follows a consent entered by the state, the ECZ and UPND to have the matter adjourned pending determination of the matter before the Constitutional Court.
When the matter came up for continued hearing of the substantive application for judicial review, Solicitor General Abraham Mwansa indicated that the parties had sight of the ruling by Justice Gertrude Chawatama in the matter where musicians and youths sought judicial review against ECZ’s proposal to get rid of the old voter register and register voters afresh in one month on a limited budget and that the parties were equally aware of a matter before the Constitutional Court under cause number 2020/ccz/0010 between Chapter One foundation, ECZ and the Attorney General.
The Solicitor General said the parties appreciated the reliefs before the Constitutional Court and were aware of the application by Chapter One Foundation to amend its petition before a single judge of the ConCourt and the ruling was yet to be delivered.
“The parties before you are of the view that unless and until there is certainty in terms of the reliefs the petitioners seek before the Constitutional Court, there may be a duplication of the same reliefs before this court. The parties have by consent agreed to have the matter before you adjourned sine die with liberty to restore,” said Mwansa.
Lawyer representing the UPND Milner Katolo affirmed that the submissions by the Solicitor General were indeed the position of the parties to avoid a situation where the administration of justice would be brought into disrepute.
And another UPND lawyer Marshal Muchende said the said agreement was to prevent a possibility of two courts rendering conflicting judgments with regards to the same issues, which would bring about grave embarrassment to the judicial department of the state to which all legal personnel belong.
“Our fundamental duty as officers of the court is to preserve the integrity of the court and that duty supersedes our duty to our client and colleagues,” said Muchende.
In his ruling, judge Chitabo said, “This is indeed as it should be, a demonstration of professional etiquette and ethical conduct at the bar. The matter stands adjourned sine die with liberty to restore as we await pronouncements from the superior court of the Constitutional Court. The justice of the case is that I make no order to costs.”
In this matter, the UPND wants the court to quash the decision by ECZ to limit the voter registration exercise to 30 days, which was scheduled to commence on October 28, 2020.
The party is seeking a declaration that the prescribed protocols for voter registration on the ECZ website were ultra vires section 8 (2)(3), section 15 and section 125 of the Electoral Process Act number 35 of 2016 as read with regulations 11 and 12 on the Electoral (registration of voters) regulations of 1973 amended by statutory instrument number 62 of 2005.
It also wants a declaration that ECZ acted unreasonably, irrationally and /or with a hidden ulterior motive at the behest of an invisible hand in announcing the 30 days cut off time for the voter registration exercise scheduled to commence on October 28, 2020.