ELECTORAL JUSTICE IN ZAMBIA Resolving Disputes from the 2016 Elections and Emerging Jurisprudence ISBN 978-1-920446-66-6 9 781920 446666 ELECTORAL JUSTICE IN ZAMBIA Resolving Disputes from the 2016 Elections and Emerging Jurisprudence i Published by EISA 14 Park Rd, Richmond Johannesburg South Africa P O Box 740 Auckland Park 2006 South Africa Tel: 27 11 381 6000 Fax: 27 11 482 6163 Email:
[email protected] www.eisa.org.za 978-1-920446-66-6 © EISA 2017 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of EISA. First published 2017 Printed by Corpnet, Johannesburg ii Acknowledgements EISA is indebted to the lead consultants, Francis Kondwelani Mwale and Isaac Mwanza, as well as their research and editorial team made up of Melba Diana Lutangu, Peter Mpande and Jeremiah Phiri, for undertaking the research. EISA is also grateful to Denis Kadima, EISA Executive Director, Catherine Musuva, EISA Zambia Country Director, and Abdon Yezi, Senior Programme Manager, Zambia Accountability Programme (ZAP), for providing technical support. We also extend our heartfelt gratitude to the Chief Justice of the Republic of Zambia, Judges of the High Court of Zambia and the Office of the Chief Registrar of the High Court of Zambia for their valuable contribution. EISA deeply appreciates the grant from ZAP – funded by UK Aid and managed by the British Council – which made this research possible. iii Contents Acknowledgements iii Abbreviations vi Executive Summary vii Chapter 1: Introduction and History of Election Petitions in Zambia 1 1.1.