“Where any question arises as to whether(c) any provision of this Constitution or any law relating to election of a President has been complied with; and (d) the validity of person elected as President under Article 34 is in question; such matter shall be referred to and determined by the full bench of the Supreme Court”. 322. Section 18 of the Electoral Act provides an opportunity to losing candidates in a National Assembly election to petition the Court. B. JUDICIAL MEASURES 323. In the case of Akashambatwa Mbikusita Lewanika and Others Vs Frederick Jacob Titus Chiluba, SCZ Judgement No. 14 of 1998, the petitioners challenged the election of the respondent as President of Zambia and the validity of the election process pursuant to Article 41 of the Constitution of Zambia. 324. The petitioners alleged that the elections had been carried out in an irregular manner citing claims of bribery, malpractices, and flaws in the electoral system. The Court found that some of the claims were credible claims of bribery and irregularities, but that these were isolated and not done with the knowledge or consent of the respondent. It was the Courts view that these incidents were insufficient to affect the outcome of the election and did not prevent the majority of Zambians from selecting the President of their choice. 325. The Court ruled in favour of the respondent and did not award costs because of the importance of the issues raised, which are pertinent to the proper functioning of a democracy. 131

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