Rigging petition dismissed

THE Constitutional Court has dismissed a petition by Movement for Change and Equality which alleged possibilities of electoral rigging in view of gaps in the Electoral Process Act and its regulations.

MCP leader Kaluba Simuyemba and his deputy secretary-general Peter Kachama alleged that there were prospects of electoral rigging in view of gaps in the Electoral Process Act no 35 of 2016 and regulations and that the electoral system was inconsistent with international best practices.

They accused the Electoral Commission of Zambia (ECZ) of having failed to put safeguard measures for a free and fair election on August 12, 2021.

The Attorney General and ECZ were cited in the petition.

However, ECZ applied that the court strike out the petition because the petition and affidavit verifying facts do not disclose any action against the Commission capable of being sustained in.

ECZ also contended that the petition was frivolous, vexatious or an abuse of court process.

It argued that the petition was not properly before the

ConCourt by reason of want of jurisdiction having regard to the provisions of the Constitution of Zambia Act. no 2 of 2016 and section 8 (1) of the constitution, as they were alleging violation of rights.

Therefore, the enforcement and protection of rights is a preserve of the High Court of Zambia pursuant to article 28 of the constitution and not within the jurisdiction of ConCourt.

Judges Annie Sitali, Mungeni Mulenga and Professor Margaret Munalula in a ruling stated that the petition did not show cause of action against ECZ.