Constitutional Court to hear an application to join UPND petition

The Constitutional Court is today  Monday expected to hear an application in which Governance Activist and voter in Constituency Isaac Mwanza has applied to join the case in which the UPND are seeking means in which the courts and tribunals should easily nullify parliamentary and local government elections.

UPND Media Committee Member Joseph Busenga has asked the Court to nullify Section 97(2)(a) of the Electoral Process Act which makes it difficult for the Tribunal and courts to nullify elections on unproven allegations against winners.

In an urgent application before the Court, Mr Mwanza said he has an equal constitutional duty as the UPND petitioner to defend the Constitution of Zambia.

Mr Joseph Busenga told the Court that the outcome of the petition has a bearing on the ongoing petitions brought before the High Court. Mr Mwanza who voted in the last election said he would be affected by the outcome of the case as the election in his Constituency was also petitioned by the UPND.

The UPND, which petitioned all parliamentary seats won by the PF and Independents and over 400 local government seats have suffered defeats in many of these petitions as the petitioners failed to satisfy the provisions of Article 97(2)(a).

If the petition before the Constitutional Court is successful, the UPND will seek the nullification of seats during the appeal processes which take years to conclude.

The UPND currently cannot pass Bills and motions which require two third majority of MPs to vote such as Constitutional Bill and removal of immunity of former Presidents.