2016 Zambian presidential election petition: Difference between revisions
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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. | 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=== | ===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<ref name=ZD>{{cite web|title=Presidential election petition dismissed |url=http://zambianeye.com/archives/51637|publisher=Zambian Eye |accessdate= 23 August 2016}}</ref>. | |||
==Judges== | ==Judges== | ||
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[[Category:2016 in Zambia]] | [[Category:2016 in Zambia]] | ||
[[Category:Presidential elections in Zambia]] | [[Category:Presidential elections in Zambia]] | ||
[[Category:Elections in Zambia]] | |||
[[Category:2016 in Zambian politics]] | |||
Latest revision as of 19:53, 13 September 2016
| Court | Constitutional Court |
|---|---|
| Full case name | Hakainde 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 from | Constitutional Court |
| Appealed to | High Court |
| Case opinions | |
| Decision by | Majority |
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
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