Q FM Africa's Modern Radio
A UPND member has filed a petition in the Constitutional Court seeking a declaration and order that section 97(2) (a) of the Electoral Process Act no.35 of 2016 is inconsistent with and therefore contravenes Articles 8 and 45 (2)(a) and (b) of the Constitution of Zambia as amended by Act no.2 of 2016.
Joseph Busenga, a member of the UPND media committee, argues that article 1(1) of the constitution of Zambia establishes the supremacy of the constitution and provides that any other written law, customary law and customary practice that is inconsistent with its provisions is void to the extent of the inconsistency.
Mr Busenga contends that whereas Article 45(2)(a) of the constitution makes a mandatory guideline that the electoral process and system of administering elections shall ensure that elections are free and fair, section 97(2)(a) of the Electoral process Act departs from, contravenes,contradicts,or is inconsistent with the letter and spirit of the Article 45(2)(a) of the constitution by essentially providing that, an election that is marred by corrupt practices, illegal practices or other practices can still be held to be valid and be regarded as free and fair as long as the corrupt practices, illegal practices or other misconduct which was committed during the election, was not personally committed by the candidate who has been petitioned or was not committed with the knowledge and consent or approval of that candidate or of that candidates’ election agent or polling agent.
In his petition filed on 3rd November,2021, Mr Busenga has asked the court to expeditiously hear his petition before the courts conclude hearing petitions and appeals arising from the August 12,2021 general election.
The UPND,which petitioned most parliamentary seats won by the PF and independents and over 400 local government seats have had most of the petitions dismissed as the petitioners failed to satisfy the provisions of Article 97(2)(a) of the Electoral Process Act.