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-J2- Cases referred to: Michael Mabenga u Sikota Wina Others (2003} ZR 43. Anderson Kambela Mazoka Others v. Levy Patrick Mwanawasa <& Others (SCE/EP/O1/02/2002). 3. Nkandu Luo and Another v. Doreen Sefuka Mwamha and Attorney General Selected Judgment No. 51 of 2018. 4. Chrispin Siingwa v. Stanley Kakubo (CCZ Appeal No. 196/2015). 5. Muhali George Imbuwa v. Enock Kaywala Mundia (CCZ Selected Judgment No. 12 of 2018. 6. Christopher Kalenga v. Annie Munshya, Electoral Commission of Zambia and Attorney General (CCZ Appeal No. 115/12). 7. Akashambatwa Mbikusita Lewanika <& Others v. Frederick Jacob Titus Chiluba [1998] Z.R. 79. 8. Steven Masumba v. Elliot Kamondo (CCZ Selected Judgment No. 53 of 2017). 9. Colorado v. New Mexico 467 US 310 (1984). 10. Richwell Siamunene v. Sialubala Gift (CCZ Selected Judgment No. 58 of 2017). 11. Attorney General v. Kakoma (1975) Z.R. 212. 12. Mushemi Mushemi v. The People (1982) Z.R. 71. 13. Cambridge v. Makin (2011) EWHC 12 (QB). 14. DPP v. Hester [1973] AC 296). 15. Mwiya Mutapwe v. Shomeno Dominic 2016/CC/A008. Appeal NO. 19/2017. 16. Lazarous H. Chota v. Patrick Mucheleka Another (SCZ Appeal No. 18 of 2015. 1. 2. Legislation re ferred to: 1. The Constitution (Amendment) 2016. 2. The Electoral Process Act No. 35 of 2016. 3. The Electoral Process (General) Regulations 2016 S.L No. 63 of 2016. 4. The Electoral Act No. 12 of2006.

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Chilufya v Kalimi [2021]

Case Law

Country

Zambia

Country Location

Latitude: -14.531405690615703

Longitude: 26.540894169033784

Country Location (Lié Case Law): Zambia

Decision Date: 31 août 2021

Case Status: Affaire Résolue

Case Outcome (Procedural)

Motion Denied

Case Outcome (Disposition)

Injunction or Order Denied/Vacated

Keywords

Elections
False News

Court Name: IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAKA (CONSTITUTIONAL JURISDICTION)

Case Number: 2021 /HP/EP/022

Case Summary: 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.

Case Significance: This case reinforces the stringent requirements for proving electoral malpractices to void election results. It highlights the importance of substantial evidence demonstrating that the alleged malpractices significantly impacted the election's fairness and outcome.

Source Name and URL: zambialii.org

Collection

CIPIT

Date Updated: 22 juil. 2024

Documents principaux

Chilufya v Kalimi (HPEP 22 of 2021) 2021 ZMHC 46 (2 November 2021).pdf
English
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CYRILLA: Global Digital Rights Law

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Chilufya v Kalimi [2021]

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