Zambia : Thirty Parliamentary Poll Petitions Filed In Court

About 30 parliamentary election petitions have been filed before the Lusaka High Court, with losing candidates, including former ministers Paul Kabuswe and Sylvia Masebo, seeking nullification of results over alleged malpractice and non-compliance with the Electoral Process Act. The Electoral Commission of Zambia is cited as a respondent in all the petitions and is accused of failing to comply with various provisions of the Act, with petitioners claiming the breaches affected election outcomes in their respective constituencies.

Former Minister of Mines and Minerals Development Paul Kabuswe is challenging the election of Resolute Party candidate Nsofwa Kabwe Lupele in Chililabombwe. Kabuswe polled 8,986 votes against Lupele’s 10,920. He claims Lupele’s campaign was characterised by character assassination, alleging that public rallies were told he was a thief who had stolen and sold copper, and that Lupele accused him of giving mines to a named individual and of employing only relatives while he served as minister.

Kabuswe further alleges that his agents witnessed voters being offered between K50 and K100 at Ishuko Tavern polling station, and that people who had been ferried in his Nissan Hard Body to cast their votes were blocked at Fikolongo in Chitambi ward after rocks were placed across the road, preventing them from reaching the polling station.

In Chongwe East, former Minister of Health Sylvia Masebo is challenging independent candidate Anita Kamanga’s election. Masebo polled 6,798 votes against Kamanga’s 16,058. She alleges that false and defamatory statements were circulated against her, including claims that she lost the UPND adoption process and was only picked because of her position in the party, statements she says were intended to prejudice her candidature and influence voters by portraying her as unfit to lead.

Meanwhile, United Party for National Development candidate Sunday Chanda has challenged Sampa Muswema’s election in Kanchibiya on the National Restoration Party for Unity and Progress ticket, alleging violence, intimidation, corruption, procedural breaches and widespread non-compliance with the Electoral Process Act. In Milanzi, UPND candidate Tylad Lungu is challenging independent candidate Lumankio Zulu, who polled 5,004 votes against Lungu’s 4,424, alleging that Zulu and his supporters disrupted a campaign rally and citing irregularities recorded at three polling stations.

In Chitambo constituency, UPND’s Remember Mutale is challenging Nelson Kabanda’s victory, alleging that Kabanda, of NRPUP, accused him of stealing Constituency Development Fund resources meant for co-operatives, women and youth clubs. In Nyimba South, UPND candidate Olipa Phiri has challenged NRPUP’s Mackson Kapantha’s victory, alleging vote-buying, bribery, violence, corruption and the irregular invalidation or swapping of votes.

The petitions extend well beyond these cases. In Mwandi, UPND’s Sibeso Sefulo lost to independent candidate Iris Kaingu by fewer than 500 votes and has petitioned the result, alleging Kaingu’s agents engaged in vote-buying and interfered with the electoral process. Sefulo has also accused the Electoral Commission of Zambia of failing to properly supervise how results were counted and announced, and is seeking either a full re-run of the election or a recount.

In Ndola Central, former minister Frank Tayali lost by just 819 votes to Resolute Party’s Emmanuel Mulenga and has filed his own petition contesting the result. On the Copperbelt, UPND’s Joseph Kazhila has challenged the outcome in Chingola Central, alleging NRPUP supporters were seen handing out food and money to voters, with one incident reportedly sparking a physical altercation at a polling station. In Kabushi, UPND’s Emeldah Mpumpuni has gone further, alleging that agents for NRPUP’s Tillas Sichinga concealed cash inside pens to distribute to voters undetected.

Further petitions have been lodged in Mwense, Nchanga, Nkana, Kalabo South, Bangweulu, Siavonga and Zambezi Central, while even Lusaka Mayor Simon Mwewa’s own election is now being challenged. Beyond these, independent candidate Clive Miyanda has challenged Emelda Munashabantu’s re-election in Mapatizya before Livingstone High Court, after Munashabantu won with 14,812 votes against Miyanda’s 14,330, a margin of fewer than 500 votes.

Taken together, the total number of parliamentary and local government petitions filed since polling day now runs into the dozens, a scale of litigation that legal observers say will keep Zambia’s High Court and Livingstone High Court registries occupied for months. The petitions span both ruling party and opposition candidates, spread across provinces as far apart as Mwandi in the west and Ndola on the Copperbelt, suggesting the disputes are not confined to any single party’s grievances.

With the presidential inauguration taking place today, attention is expected to shift toward how quickly and fairly the courts can process these cases, several of which involve serious allegations of bribery, intimidation and procedural failure that go to the heart of electoral integrity. For voters in the affected constituencies, the outcome could mean a fresh look at who actually represents them in the National Assembly, adding a layer of uncertainty to the post-election period even as the country marks a new presidential term.

With so many parliamentary results now being formally contested across the country, do you think Zambia’s courts can resolve these petitions quickly enough to give affected constituents clarity on their representation?

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