Zambia Streets

WHAT THE LAW SAYS ABOUT A PRESIDENTIAL ELECTION PETITION IN ZAMBIA

Following the declaration of a President-elect, one of the most important provisions of Zambia’s Constitution is Article 103, which provides the legal mechanism for challenging a presidential election.

The Constitution does not require a losing candidate simply to accept the result. It gives a person the right to approach the Constitutional Court and ask it to determine whether the President-elect was validly elected.

WHO CAN FILE A PRESIDENTIAL PETITION?

Article 103(1) provides that a person may petition the Constitutional Court to nullify the election of the President-elect.

However, there is a very strict deadline.

The petition must be filed within seven days of the declaration of the President-elect.

This means that a person who intends to challenge the election cannot wait indefinitely while gathering evidence. The constitutional clock starts running once the President-elect is declared.

WHAT CAN THE PETITION BE BASED ON?

The Constitution provides two principal grounds.

First, the petitioner can argue that the President-elect was not validly elected.

Second, the petitioner can argue that a provision of the Constitution or another law relating to presidential elections was not complied with.

Therefore, a presidential petition does not have to be limited to allegations that votes were added or removed.

It can also concern serious violations of the constitutional and legal rules governing the election.

WHAT DOES A PETITIONER HAVE TO PROVE?

Making an allegation is not the same as proving an allegation.

A petitioner must place credible evidence before the Constitutional Court.

For example, if a petitioner alleges that results were altered, the strongest evidence would include original polling-station results, copies held by election agents, ECZ records and the final figures used in the national tally.

If ballot boxes were stolen, the petitioner would need to establish which polling