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duly elected by the Electoral Commission of Zambia (ECZ) the 2nd Respondent in this matter. 2. He averred that the Returning Officer declared the 1st Respondent as duly elected with 15,131 votes whilst he got a total of 163 of the total votes cast. He added that the remaining votes were shared by the other four candidates; Mr. Mwelwa Charles an Independent candidate who polled 4,350 votes, Mr. Mwape Allan of the UPND who polled 2,509 votes while Mr. Chongo Danny H of the Democratic Party and Ms Nakamanga Maggie of the Socialist Party each received 206 and 62 votes respectively. 3. It was further averred that contrary to the declaration by the Returning Officer of the 1st Respondent as duly elected Member of Parliament for Mwense Constituency, the 1st Respondent was not validly elected for the following reasons-: “ a . Prior to the elections and during the Campaign period, the 1st Respondent did call there call the Petitioner using both normal voice as well as Whatsapp for an unknown reason despite not been any agreed and open channel of communication between the two parties. b. Subsequent to the refusal by the Petitioner to speak to the 1st Respondent, there followed a series of intimidating and threatening activities and actions around and at the Petitioner's private residence and dwelling; that included uninvited visits by PF party cadres as well as motor-vehicles that would intentionally park at the Petitioner's private J4

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

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