FILLING OF A PRESIDENTIAL PETITION TO A PERSONAL EMAIL IS NOT VALID -Shalala Oliver Sepiso
FILLING OF A PRESIDENTIAL PETITION TO A PERSONAL EMAIL IS NOT VALID
By Shalala Oliver Sepiso
A presidential election petition cannot be validly filed or served by sending it to the Chief Justice’s personal or private email address.
Official filing requirements should be done through the Court Registry. Petitions must be formally lodged through the official Registry of the Constitutional Court or via its authorized administrative filing channels.
Court rules require specific administrative processes, physical or official electronic registration, and payment of prescribed fees to constitute a valid legal filing.
Sending documents to a judge’s or the Chief Justice’s private inbox bypasses the court registrar and lacks official recognition. There is now no legal standing for that.
Besides, there are issues to do with personal email limitations.
Personal email addresses do not ensure timely tracking, logging, or monitoring required for strict constitutional deadlines. They don’t even guarantee receipt.
Even when physical court access is disrupted or closed, informal transmission to a personal email does not automatically cure non-compliance with mandatory statutory filing procedures unless officially sanctioned or directed by the court.
In any case, the Chief Justice has nothing to do with a Presidential Election Petition. That’s the jurisdiction of the Constitutional Court, which has its own president. It would seem like sending to the Chief Justice is now forum shopping.
Left unchecked, next time we shall hear someone filling by WhatsApp, Facebook etc.