WILL THE  2021 ELECTION BE CANCELLED

WILL THE  2021 ELECTION BE CANCELLED?

As the date for the landmark judgement on Tuesday, 10th December 2024 approaches, the debate is heating up.

There are legal views being advanced by those on the side of former president Edgar Lungu whose eligibility will be decided for elections in 2021 and future elections, that if the Constitutional ruled against him then the 2021 elections will be cancelled.

However Trywell Mudryk Phiri Snr has a different view:

Nathan Banda CONFRONTING THE NARRATIVE THAT THE 2021 ELECTION RESULTS WILL BE CANCELLED IF ECL IS DECLARED NOT ELIGIBLE.
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As we await the landmark judgment by the Constitutional Court on the eligibility of former President Edgar Lungu, it is clear that the upcoming judgment has ignited intense debate among our citizens. Some suggest that a ruling of ineligibility for the former President would automatically nullify the 2021 presidential election results.

The false narrative circulating about the ECL eligibility judgment suggests that if former President Edgar Lungu is declared ineligible, the 2021 presidential election results would be nullified, and power would be handed back to him. This narrative claims that fresh elections would be called within 90 days, potentially plunging the country into uncertainty and instability.

However, this narrative is misleading. Zambia’s electoral laws and constitutional framework, and the natural laws of justice do not seem to support such a drastic outcome.

A football analogy would better illustrate this point.  Whenever a team uses an ineligible player, it is only  the offending team that faces sanctions, such as forfeiting the match or being disqualified. The innocent team isn’t punished or made to go back and play the same match in which their opponent used an ineligible player.

I can cite some Real-life examples to support this perspective:

Kenyan Football Federation Ban

In 2018, the Kenyan football federation was banned from international competitions for two years after using an ineligible player.

JS Kabylie Disqualification:

In 2020, JS Kabylie was disqualified from the CAF Champions League for fielding an ineligible player.

Zambia National Team Benefit:

In 2011, Zambia benefited from a similar situation when the Football Association of Zambia successfully protested against Nigeria’s use of an ineligible player.

In each case, the offending parties faced consequences, while innocent parties benefited from the correct application of rules.

In fact, it appears that in the event that the courts declare the former President ineligible, the only reason why the Patriotic Front may not be punished by being sanctioned from participating in the next election or by docking of the massive 1.8 Million votes which they received in the last election is purely on the basis that the real gate keepers in this matter remain the courts themselves, and the Electoral Commision of Zambia who declared the candidate as eligible. This proves that only the courts can make a determination over such an important matter

As we await the Constitutional Court’s judgment, therefore, it is important to remember that justice can not reward the offender and at the same time, punish, the innocent party.

It must be made very clear that the only two outcomes likely to come out of this Judgement are either :

A. The Constitutional Court will uphold its earlier Position and therefore rule that Former President Edgar Chagwa Lungu was eligible to run for Office in 2021 based on the fact that his first term in office did not constitute a full term, and also declare him so for the election in 2026, or:

B. They may depart from their earlier position and stand on other relevant provisions of the law that deal directly with eligibility for Presidential Office and declare that he was not eligible to run for office then, and that he is not eligible to run for office in 2026, having served and held office twice already.

There will be NO cancelation of the 2021 election results, there will be NO fresh elections to be called within 90 days, and there will be NO handover of power back to ECL in either of these two outcomes. This is a narrative crafted by propagandists whose aim is to create anxiety and possible anarchy in the nation if the courts decide to rule against their preferred outcome.

The judgment is scheduled to be delivered on December 10, 2024, and will be broadcast live on ZNBC and other independent broadcasters. I would like to urge all Zambians to wait patiently for the competent courts to make their determination, and to respect the Court Judgement regardless of whether they choose to uphold their earlier position or to depart from it. That is what the rule of law entails.

I thank you.

Nathan Banda CONFRONTING THE NARRATIVE THAT THE 2021 ELECTION RESULTS WILL BE CANCELLED IF ECL IS DECLARED NOT ELIGIBLE.
_________________________________________________
As we await the landmark judgment by the Constitutional Court on the eligibility of former President Edgar Lungu, it is clear that the upcoming judgment has ignited intense debate among our citizens. Some suggest that a ruling of ineligibility for the former President would automatically nullify the 2021 presidential election results.

The false narrative circulating about the ECL eligibility judgment suggests that if former President Edgar Lungu is declared ineligible, the 2021 presidential election results would be nullified, and power would be handed back to him. This narrative claims that fresh elections would be called within 90 days, potentially plunging the country into uncertainty and instability.

However, this narrative is misleading. Zambia’s electoral laws and constitutional framework, and the natural laws of justice do not seem to support such a drastic outcome.

A football analogy would better illustrate this point.  Whenever a team uses an ineligible player, it is only  the offending team that faces sanctions, such as forfeiting the match or being disqualified. The innocent team isn’t punished or made to go back and play the same match in which their opponent used an ineligible player.

I can cite some Real-life examples to support this perspective:

Kenyan Football Federation Ban

In 2018, the Kenyan football federation was banned from international competitions for two years after using an ineligible player.

JS Kabylie Disqualification:

In 2020, JS Kabylie was disqualified from the CAF Champions League for fielding an ineligible player.

Zambia National Team Benefit:

In 2011, Zambia benefited from a similar situation when the Football Association of Zambia successfully protested against Nigeria’s use of an ineligible player.

In each case, the offending parties faced consequences, while innocent parties benefited from the correct application of rules.

In fact, it appears that in the event that the courts declare the former President ineligible, the only reason why the Patriotic Front may not be punished by being sanctioned from participating in the next election or by docking of the massive 1.8 Million votes which they received in the last election is purely on the basis that the real gate keepers in this matter remain the courts themselves, and the Electoral Commision of Zambia who declared the candidate as eligible. This proves that only the courts can make a determination over such an important matter

As we await the Constitutional Court’s judgment, therefore, it is important to remember that justice can not reward the offender and at the same time, punish, the innocent party.

It must be made very clear that the only two outcomes likely to come out of this Judgement are either :

A. The Constitutional Court will uphold its earlier Position and therefore rule that Former President Edgar Chagwa Lungu was eligible to run for Office in 2021 based on the fact that his first term in office did not constitute a full term, and also declare him so for the election in 2026, or:

B. They may depart from their earlier position and stand on other relevant provisions of the law that deal directly with eligibility for Presidential Office and declare that he was not eligible to run for office then, and that he is not eligible to run for office in 2026, having served and held office twice already.

There will be NO cancelation of the 2021 election results, there will be NO fresh elections to be called within 90 days, and there will be NO handover of power back to ECL in either of these two outcomes. This is a narrative crafted by propagandists whose aim is to create anxiety and possible anarchy in the nation if the courts decide to rule against their preferred outcome.

The judgment is scheduled to be delivered on December 10, 2024, and will be broadcast live on ZNBC and other independent broadcasters. I would like to urge all Zambians to wait patiently for the competent courts to make their determination, and to respect the Court Judgement regardless of whether they choose to uphold their earlier position or to depart from it. That is what the rule of law entails.

I thank you.