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3. Rtd Col Dr Kizza Besigye v. Yoweri Kaguta Museveni & Electoral Commission Presidential Election Petition No.l Of 2001 4. Morgan v. Simpson) 1974) 3ALL ER 722 5. Col Dr Kizza Besigye v. Attorney General Constitutional Petition No. 13 of 2009 6. Karanja Kabage v. Joseph Kiuna Kariambegu Nganga & 2 Others, Election Petition No. 12 of 2013 EKLR, 7. In the Matter of the Gender Representation in the National Assembly and Senate Advisory Opinion No. 2 of 2012 EKLR 8. Charan Lal Sahu & Others v. Giani Zail Singh and Another; Nem Chandra Jain v. Giani Zail Singh, Charan Singh and Others v. Giani Zail Singh 1984 AIR 309; 1984 SCR (2) 6 9. Shiv Kirpal Sing v. Shri v. Giri (1971) SCR(2) 197 10. Chrispin Siingwa v. Stanely Kakubo 2016/HP/EP/0043 11. Austin Liato v. Sitwala Sitwala Selected Judgment No. 23 of 2018 12. Brelsford James Gondwe. Catherine Namugala SCZ Appeal No. 129 of 2012. 13. Mubika Mubika v. Poniso Njeulu SCZ Appeal No. 114 of 2007 14. Jonathan Kapaipi v. Newton Samakayi CCZ Appeal No. 13 of 2017 15. Nkandu Luo and the Electoral Commission of Zambia v. Doreen Sefuke Mwamba and the Attorney General selected judgment No. 51 of 2018. 16, Anderson Kambela Mazoka and Other v. Levy Patrick Mwanawasa and Others (2005) Z.R 138 17. Akashambatwa Mbikusita Lewanika and Others v. Fredrick Jacob Titus Chiluba (1998) Z.R 49 18. Constantine Lines v. Imperial Smelting Corporation (1942) AC 154 19. Simasiku Kalumiana v. Lungwangwa Geoffrey Lungwangwa and the Electoral Commission of Zambia 2006/HP/EP/007 20. Simasiku Namakando and Elieen Imbwae 2006/HP/002 J2

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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 (Lié Case Law): Zambia

Decision Date: 19 nov. 2021

Case Status: Affaire Résolue

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 Act

Source Name and URL: Zambialii.org

Collection

CIPIT

Date Updated: 15 juil. 2024

Documents principaux

Chisakula v Mabumba and Anor (3 of 2021) 2021 ZMHC 53 (19 November 2021).pdf
English
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CYRILLA: Global Digital Rights Law

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

Documents principaux

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