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HEARING, DETERMINATION OF AN ELECTION PETITION IS A SETTLED MATTER

Published 1 day ago2 minute read

HEARING, DETERMINATION OF AN ELECTION PETITION IS A SETTLED MATTER

….the Constitution Court already guided and there is no need to revisit this provision, says Mukandila

Lusaka… Friday May 16, 2025 (SMART EAGLES)

Lusaka Lawyer Celestine Mambula Mukandila says hearing and determination of an election petition has already being settled by the Constitutional Court and there is no need to revisit this provision.

Among the provisions that the UPND government seeks to amend in the Republican Constitution includes the amendment of Articles 73(2), 101(5), & 103(2) to determine petitions within 90 or 14 days.

But featuring on Diamond Live programme in Lusaka on Diamond TV, Mr Mukandila argued that the Constitutional Court already guided on this matter on two occasions when determining constitution matters.

“I think it’s extremely important to look at the matters we are looking at. There is a petition of 2016 which is the Hakainde Hichilema – Geoffrey Bwalya Mwamba vs Edgar C Lungu – Inonge Wina, ECZ and the Attorney General… In that petition, that petition was actually dismissed for one reason, for lack of jurisdiction by the court. The court in dismissing that matter indicated that fourteen days is fourteen days. So the court gave position as to what amount of time amounts to 14 days,” he said.

“There is another matter that was filed into the court… Hakainde Hichilema vs the Attorney General wherein President Hakainde Hichilema was trying to challenge the constitutionality of that decision that was made to dismiss that matter. And in that case, they brought out human rights issues and the fact that their right to be heard was not given because they did not submit whatever it is that they needed to submit – the matter should have been heard on the merit. However, when you look at the judgement in this other case, the court had actually clarified to say this is a forgone issue, fourteen days is fourteen days. This is the second issue.”

Mr Mukandila emphasized that for as long as the constitutional court has guided, which regards to the provision which was before court, there is no need to look at that provision again.

Mr Mukandila has also observed that there is no properly outlined process to amend the current constitution.

He said a lot of stakeholders have not been consulted saying this is a people’s driven document hence the need to widely consult.

#SmartEagles2025

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