THE Constitutional Court has dismissed a case Movement for Change and Equality party president Kaluba Simuyemba wanted it to order the State to put in place strict measures to curb electoral malpractices ahead of the August 12 general elections. The court threw out the petition for lack of merit.
In the petition, Mr Simuyemba and his secretary general, Peter Kachama, cited Attorney General Likando Kalaluka and the Electoral Commission of Zambia (ECZ) as respondents. The duo sought an order to compel ECZ to ensure timely delivery of adequate polling materials to all areas so that voters are not inconvenienced by delays resulting in being disenfranchised. They also wanted the court to determine and order the commission to see to it that electoral dispute mechanisms are enhanced before, during and after the elections. The petitioners wanted the court to instruct the electoral body to put in place stringent measures to prevent electoral malpractice and violence, fraud, as well as rigging. Mr Simuyemba and Mr Kachama claimed that there were possibilities of electoral rigging in view of gaps in the Electoral Process Act number 35 of 2016. They feel the country’s electoral system is inconsistent with international best practices. But ECZ raised preliminary issues urging the court to dismiss the petition because it did not disclose any cause of action against it to be sustained by the court. The respondent further contended that the petition is frivolous, vexatious and otherwise an abuse of process of the court. The commission further contended that the petition was CLICK TO READ MORE