2016 Zambian presidential election petition

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CourtConstitutional Court
Full case nameHakainde Hichilema, UPND President & running mate Geoffrey Bwalya Mwamba v President-Elect Edgar Lungu, PF President & running mate Inonge Wina & Electroal Commission of Zambia[2016]
Case history
Prior action(s)Dismissed
Appealed fromConstitutional Court
Appealed toHigh Court
Case opinions
Decision byMajority

The Zambia Presidential Election Petition of 2016 was an election petition aiming to declare the Zambian presidential election 2016 as being rigged. The Petition was filed at the constitutional court in Lusaka on 19 August 2016[1]. The petitioners of the presidential elections are Mr Hakainde Hichilema, UPND President and his running mate Geoffrey Bwalya Mwamba[1].

Case

Background

The main petitioner Hakainde Hichilema president of the UPND in a press conference held at the official house of the UPND announced that they will file in a presidential election petition against the 2016 general elections and dully elected President-elect Edgar Lungu. The petition states that there is need for a recount of the total votes cast across the country due to numerous irregularities that were gathered before, during and after the elections. And the petition stipulates that President-elect Edgar Lungu and his running mate Inonge Wina must not be sworn in as dully elected, citing their allowance of cabinet minister’s stay in office even if the constitution did not permit.

According to the Constitution, under the constitutional court any presidential election that is said to be fraudulent with indisputable evidence must be nullified. The constitution also states that once a petition is filed in by the claimants of victory for presidency, the Constitutional court must allow for a speaker or chief justice to act as President.

Court ruling

On 5 September The Constitutional Court dismissed the petition against the election of President Edgar Lungu by United Party for National Development leader Hakainde Hichilema and his running mate Geoffrey Bwalya Mwamba on grounds that its mandate lapsed at 23:59 on Friday[2].

Judges

Petitioners

References

  1. 1.0 1.1 "UPND successfully files in Presidential Petition". Lusaka Times. Retrieved 23 August 2016.<templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>
  2. "Presidential election petition dismissed". Zambian Eye. Retrieved 23 August 2016.<templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>