“WHATSAPP IS NOT OUR FORMAL CHANNEL OF COMMUNICATION” – ECZ TELLS NDOLA HIGH COURT
…..ECZ says it has no record of election malpractice, violence or fraud in Ndola Central….
By: Zambia Political Watch
The Electoral Commission of Zambia (ECZ) has told the Ndola High Court that it has no official record of election malpractice, violence or fraud in the just-ended Ndola Central parliamentary election, insisting that WhatsApp messages are not the Commission’s formal channel of communication for handling electoral complaints.
This emerged today when the Second Respondent, ECZ, presented its witness, Ndola Central Returning Officer Fredrick Musonda, who testified about the conduct of the electoral process and the procedures for handling complaints.
In his testimony, Musonda explained that the Electoral Process Act provides for procedures through which election disputes, complaints and official communication should be raised, adding that every candidate is expected to know and follow the established channels when reporting electoral grievances.
During cross-examination, First Respondent Emmanuel Mulenga’s lawyer, Fred Tembo, referred Musonda to a WhatsApp exchange presented by petitioner Frank Tayali as evidence. The exchange followed a telephone call reportedly made to the ECZ Chairperson at 06:09 hours, in which Tayali claimed to have reported alleged violence in Mapalo and Nkwazi wards.
However, Musonda maintained that candidates are expected to use the prescribed communication channels when raising electoral complaints.
In another significant development, Musonda disputed the testimony of Chibolele presiding officer Carol Namushi, who had appeared as a witness for the petitioner and claimed to have reported an incident of violence at the polling station to the Returning Officer.
Musonda categorically denied receiving any communication from Namushi.
“I was not called, texted or even beeped by the presiding officer, Carol Namushi,” he told the court.
His testimony directly challenges the presiding officer’s account that she had reported the alleged incident to him.
Musonda further explained that the suspension of vote counting and announcement of results for Ndola Central was purely an administrative min the case of Ndola central Constituency.
He told the court that Ndola Central had no report of any violence either to voters, polling staff or theft of ballot papers that would warrant the suspension on account of such incidents.
The Returning Officer was also referred to a letter presented by Tayali before the court directed to the Electoral Commission chairperson.
Musonda told the court that it was his first time seeing the document and noted that the letter was neither signed by the petitioner nor had it been acknowledged by the Commission.
Tayali claimed during his testimony that the ECZ Chairperson suspended the counting and announcement of election results countrywide because he reported that Ndola central specifically Mapalo Ward and Nkwazi Ward had experienced some form of violence which he has failed to prove before court.