Judiciary ready to handle August election disputes…

Chief Justice Mumba Malila, says the Judiciary is fully prepared to determine all election-related disputes independently, professionally and within the timelines prescribed by the law in the August 13 General Elections. “The Judiciary shall not choose elections, neither does it determine political outcomes. These choices belong to the people of Zambia.

Our constitutional responsibility begins when disputes arise,” Dr Malila said. The Chief Justice noted that recent constitutional and electoral reforms, including the increase in parliamentary constituencies and the introduction of the mixed member proportional representation system, are expected to increase the volume and complexity of election petitions, making judicial preparedness critical. “No one, not even the Chief Justice, will direct you on how to decide your case.

Look at the facts, look at the law and consider your conscience before making your determination,” he told judges, magistrates and tribunal members. Meanwhile, Chairperson of the Chief Justice’s Advisory Committee on Election Management, Maria Kawimbe, stated that the Judiciary has undertaken nationwide specialised training for judges, magistrates, research advocates, legal practitioners and court staff to ensure they are fully prepared to adjudicate electoral disputes. Justice Kawimbe said by the end of the programme, the committee would have trained 117 magistrates, 69 research advocates, 147 court support staff and about 230 legal practitioners expected to serve on Local Government Election Tribunals.

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“Election petitions are governed by strict, non-negotiable timelines that leave no room to learn procedure as a matter proceeds,” Justice Kawimbe said. And Commonwealth Secretariat Director for Governance and Peace, Elizabeth Macharia, stated that credible elections depend on strong institutions capable of resolving disputes fairly and impartially. “The courts do not replace the will of the people but help ensure that the will of the people is expressed, protected and respected within the framework of the law,” Dr Macharia said. Also speaking at the same programme, Chandler Institute of Justice Operations Director, Waicha Ndlovu, said a Judiciary that resolves electoral disputes professionally and within the law is essential for sustaining public confidence in democratic institutions.

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