“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