The courtrooms in Zambia were closed on the last day for challenging the outcome of the presidential elections in the country. It sparked concern over justice and the future of the election, which is contested.
The Supreme Court and the Constitutional Court of the country were included among the closed courts as the opponent was preparing to petition against the victory of President Hakainde Hichilema.
Why Did Zambian Courts Get Closed?
It was indicated by the authorities that it was done for security reasons, but not much information was shared regarding the issue.
Spokesman of the police, Godfrey Chilabi, said the security assessments are going on, while the judiciary did not share any official statement on it. Several courts across Lusaka and other regions of the country are inaccessible.
It made it even more sensitive by the timing.
Monday, August 24, was the last day for filing a presidential election petition through the constitutional window. Mundubile had often declared his intention to contest Hichilema’s victory over the irregularities in the election that was held on August 13.
What happened in the Presidential Election of Zambia?
Hichilema won the election with approximately 60 percent of the votes, making him win his second term, while Mundubile was second with 38 percent.
Mundubile denied the result and announced that his legal team would seek to overturn the result of the election.
The election itself was considered mostly peaceful, but the international observers noted issues regarding the campaign, media coverage and some parts of the vote count process.
The EU observer mission mentioned some of those issues as delays in announcing results, weak cross-checks between electronic and printed results, and the presence of security forces in the counting centers.
Why is Brian Mundubile In Hiding?
The struggle for the election results is taking place amid mounting pressures on the opposition.
After several people linked to him were arrested in a security operation in which former Minister Mutotwe Kafwaya was killed, Mundubile went into hiding. The authorities referred to the operation as an effort to deal with threats to national security, whereas members of the opposition contradicted the accusations.
Besides, Mundubile has been called upon by the police on charges of national security, which he denies.
The arrest of the aforementioned people and the death of Kafwaya have led to increased fear of infringement of political liberties by the opposition in light of the elections.
Did the Closure of Courts Preclude an Election Petition?
The closure caused apprehensions that Mundubile would not be able to exercise his right under the constitution to file an election petition.
Law Association of Zambia criticized the situation, stressing that the closure of courts could have dire consequences on access to justice in the time limit for the election petition.
However, the government has denied charges that Hichilema instructed the courts to close down as a way of ensuring the opposition was stopped from filing the challenge. According to State House, the security measures were among broader assessments conducted by several departments in the government and were not aimed at Mundubile.
In any case, the reports suggest that an election petition has since been filed and directed to the Constitutional Court, implying that the court closure did not stop the legal challenge after all.
What Will Become of Hichilema’s Swearing-in Ceremony?
The swearing-in ceremony of President Hichilema is set for September 1, but his opposition’s petition has thrown a wrinkle into things.
The government has nonetheless gone ahead with plans for the event, while the courts now have to assess whether the opposition’s petition qualifies for review.
Conclusion
The closure of the courts in Zambia on the deadline for filing an election petition application has made the tension surrounding Hakainde Hichilema’s victory much worse.
Although the government claims it was a matter of security concerns, not political ones, the timing of this incident has caused serious doubts regarding the judiciary.
Now that Mundubile’s petition has officially entered the judicial sphere, the Constitutional Court will play an important part in deciding whether to investigate the disputed election results prior to the start of Hichilema’s presidency.
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When Will Zambia’s Election Results Come?
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