The 2016 Zambia presidential election petition: How not to handle election petitionsPosted: 16 September, 2016 Filed under: Owiso Owiso | Tags: Africa, amendment, Constitution of Kenya 2010, Constitution of Zambia, Constitutional Court of Zambia, constitutional provisions, Edgar Chagwa Lungu, elections, Hakainde Hichilema, legislative drafting, president-elect, presidential election petition, Zambia 5 Comments
Author: Owiso Owiso
LLB – Nairobi, PGD Law – KSL
If the drama that was Hakainde Hichilema v Edgar Chagwa Lungu (2016/CC/0031) has any lessons for the continent, it is how not to adjudicate upon a presidential election petition. Three judges of the court effectively succeeded in making an unfortunate mockery of their bench and risking the otherwise good image Zambia’s electoral process has enjoyed for a few decades now. We should, however, not be too quick to cast aspersions on the court and the learned judges. In order to understand what transpired in the Constitutional Court of Zambia, we have to look at the relevant legal provisions guiding presidential election petitions.