Previous 3 / 79 Next

21. Christopher Kalenga v. Anne Munshya & 2 others (2011J/HP/EP 22. Mwiya Mutape v. Shomeno Domonic 2016/CC/A008 23. Abuid Kawangu v. Elijah Muchima 2O16/CC/AO39 24. Steven Masumba v. Elliot Kamondo SCZ selected judgment No. 53 of 2017 25. Richwell Siamunene v. Sialubulo Selected Judgment No. 58 of 28 26. Nabukeera Hussein Hanifa v. Kabule Ronald and Another (2011) UGCH 27. Zulu v. Kalima SCZ No. 2 of 2014 28. Sunday Chitungu Maluba v. Rodgers Mwewa and Another Appeal No 4 of 2017, 2016/CC/A040 29. Raila Odinga and five Others v. Independent Electoral and Boundaries Commission and three Others, Kenyan Election Petition No. 5 of 201 30. Poniso Njeulu v. Mubika Mubika Appeal No. 9 / 2017 STATUTES REFERRED TO: 1) The Constitution of Zambia Chapter 1, of The Laws of Zambia as Amended by Act No. 2 of 2016 2) The Electoral Process Act No. 35 of 2016 OTHER AUTHORITIES REFERRED TO; 1) Oxford advanced leaners dictionary 2) Merian Webster law dictionary 1. The Petitioner Mr. Kaputu Chisakula, filed his Petition on 23rd August, 2021. He was a candidate in the Parliamentary Election for Mwense Constituency held on 12th August, 2021. The Petitioner is challenging the election of Mr. David Mabumba, herein referred to as the 1st Respondent, who also contested the Mwense Constituency seat under the Patriotic Front (PF) Party ticket and was declared J3

Select target paragraph3

● ● ●

Chisakula v Mabumba and Anor (3 of 2021) [2021]

Case Law

Country

Zambia

Country Location

Latitude: -14.531405690615703

Longitude: 26.540894169033784

Country Location (linked Case Law): Zambia

Decision Date: Nov 19, 2021

Case Status: Closed

Case Outcome (Procedural)

Motion Denied

Case Outcome (Disposition)

Law or Action Upheld

Keywords

Elections

Court Name: IN THE HIGHCOURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAKA

Case Number: 2021/HP/EP/0002

Case Summary: 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.

Case Significance: The court dismissed the Petitioner’s claims and upheld the election results. No orders for nullification of the election were made, and the Petitioner was not awarded any reliefs or costs.

Related Law

The Constitution of Zambia

Source URL: Zambialii.org

Collection

CIPIT

Date Updated: Jul 15, 2024

Primary Documents

Chisakula v Mabumba and Anor (3 of 2021) 2021 ZMHC 53 (19 November 2021).pdf
English
Download View

CYRILLA: Global Digital Rights Law

Select target paragraph3

Chisakula v Mabumba and Anor (3 of 2021) [2021]

Primary Documents

Notifications