-J5-
it.
an order that the declaration of the Respondent as
winner of the said election was null and void;
Hi. an order that the election is invalid by reason of noncompliance with the Constitution and the Electoral
Process Act and the procedure for the conduct of
elections prescribed by the Electoral Commission of
Zambia pursuant to the provisions of the Electoral
Process Act;
iv. an order that the Respondent be disqualified from
being a Candidate in the By-elections for not
complying with the provisions of the Constitution and
Electoral Process Act;
v.
an order that the Respondent bears the costs of this
petition; and
vi. any other reliefs the court may deem fit.
The gist of the Petitioner’s petition is that the parliamentary election
held in Maiole was held in an atmosphere which was not free and
fair, due to widespread malpractices, vote buying, bribery, violence
and corruption, contrary to the Constitution of Zambia Chapter 1
of the Laws o f Zambia and the Electoral Process Act No, 35 of
2016 (hereinafter referred to as the EPA), but the Respondent
disputes the allegations.
BACKGROUND TO THE ALLEGATIONS AS PLEADED.
A summary of the said allegations as deciphered from the petition
essentially fall into two (2) categories, reproduced in the proceeding
paragraphs.
1, Allegations of violence allegedly perpetuated by the
Respondent against the Petitioner and her team prior to the
election.