Kaputu Chisakula, the Petitioner, contested the Mwense Constituency Parliamentary Election held on 12 August 2021 but lost, receiving only 163 votes. David Mabumba, the 1st Respondent, a candidate from the Patriotic Front (PF) party, was declared the winner with 15,131 votes by the Electoral Commission of Zambia (ECZ), the 2nd Respondent. The Petitioner alleged several irregularities and illegal practices during the election, including intimidation, trespassing, and breaches of electoral conduct and COVID-19 guidelines by the 1st Respondent and his agents. Specific allegations included threats, unauthorized campaign activities, biased selection of polling staff, and the presence of PF cadres intimidating the Petitioner and his agents.
Issue
The primary issues were whether the 1st Respondent and his agents engaged in illegal practices, intimidation, and breaches of electoral rules that rendered the Mwense Constituency Parliamentary Election unfair, and whether the election should be nullified based on these alleged irregularities.
Rule
The applicable laws and rules included Article 47(2), 51, 54, 68, 72(2)(c), 73(1) of the Constitution of the Republic of Zambia, Sections 81, 89, 97(1), 98(c), 99, 100(2)(a) of the Electoral Process Act No 35 of 2016, and the Code of Conduct Rules 12, 15(a), (h), (k).
Analysis
The Petitioner presented evidence and witnesses to support claims of intimidation, illegal campaign practices, and biased selection of polling staff. Witnesses for the Petitioner testified to receiving threats, being denied access to polling stations, and observing unauthorized campaign activities by the 1st Respondent. The 1st Respondent and the 2nd Respondent denied all allegations, asserting that the election was conducted fairly and in compliance with electoral laws. The court examined the evidence, including testimonies, video recordings, and documents presented by both parties. The 1st Respondent argued that the Petitioner did not report the alleged malpractices to the appropriate authorities in a timely manner and that the election results reflected the will of the electorate.
Conclusion
The court found insufficient evidence to substantiate the Petitioner’s claims of widespread malpractice and intimidation that would warrant nullifying the election results. The Petitioner failed to prove that the 1st Respondent or his agents engaged in conduct that significantly affected the election outcome. Consequently, the Petition was dismissed, and the election of the 1st Respondent, David Mabumba, as the Member of Parliament for Mwense Constituency was upheld.