Facts:
On August 12, 2021, Zambia held a general election. In the Malole Constituency, the Respondent, Robert Kaela Kalimi of the Patriotic Front (PF), was declared the winner with 25,407 votes. The Petitioner, Chikonkolo Chilufya of the United Party for National Development (UPND), received 7,245 votes. Chilufya contested the election results, alleging various electoral malpractices, including violence, bribery, and vote buying by the Respondent and his agents. The Petitioner sought a declaration that the election was void due to these malpractices.
Issue:
Whether the Respondent's actions during the election amounted to electoral malpractices sufficient to void the election results for Malole Constituency.
Rule:
The legal framework includes the Constitution of Zambia, the Electoral Process Act No. 35 of 2016, and the Electoral Code of Conduct Rules of 2016. The principles for determining electoral malpractices are established in several cases, including Michael Mabenga v Sikota Wina, Nkandu Luo v Doreen Sefuka Mwamha, and Akashambatwa Mbikusita Lewanika v Frederick Jacob Titus Chiluba.
Analysis:
The Petitioner presented evidence through 35 witnesses alleging acts of violence, bribery, and vote buying. Key testimonies included instances of distributing food, money, and other inducements to voters by the Respondent’s agents. Additionally, there were claims of violence and threats against the Petitioner and her campaign team, including the burning of a campaign vehicle. The Respondent countered these allegations, asserting that the election was conducted fairly and in compliance with legal standards.
The court examined whether these actions, if proven, substantially affected the election results. The testimonies and evidence were scrutinized to determine their credibility and impact on the voters' ability to freely exercise their choice.
Conclusion:
The court found that the Petitioner failed to prove that the alleged malpractices substantially affected the outcome of the election. Consequently, the petition was dismissed, and the Respondent's election as Member of Parliament for Malole Constituency was upheld.