Respect the High Court Ruling in the Name of Democracy – HH

On Tuesday the Lusaka High Court ruled that the Kabushi and Kwacha Parliamentary by-elections should not go ahead as planned on 15th September owing to prejudicial conditions against the Patriotic Front’s candidates. Since the court ruled Lusambo and Malanji were wrongly barred from the nomination process, the High Court ruled the elections, due to be held on Wednesday, should not go ahead.

In spite of the state’s initial contention that the High Court has no jurisdiction to determine Constitutional matters, President Hichilema has urged his colleagues in the UPND to respect the ruling. HH argues doing so demonstrates how his New Dawn government values orderliness, due process, and the rule of law above its political ambitions.

Whilst HH drew a distinction between a correct ruling and a fair ruling, he chose to emphasise that the integrity of the judicial system must be prioritised above his party’s desire to see the by-election go ahead as before.

The by-elections in Kabushi and Kwacha constituencies were set to go ahead following the nullification of Joseph Malanji and Bowman Lusambo’s seats in Parliament. Lusambo lost his seat in July after the courts found evidence of voter fraud by the former Minister’s ‘Nato Force’ paramilitary group, while Malanji’s was found to not have his Grade 12 Certificate and therefore was legally unqualified to serve.

The Electoral Commission of Zambia (ESZ) initially rejected their nomination on the contention that Article 72 (4) of the constitution left them unable to recontest their seats following nullification. However, on September 7th Constitutional Court Judge Makebi Zulu distinguished between nullification of a seat and disqualification from an election. Therefore, the two former MPs should be allowed to recontest.

Consequently, Malanji and Lusambo have successfully argued the election must be suspended to ensure justice in the matter.

Hichilema, has supported the full process of the law, emphasising “that is the democracy we fought for.” Reflecting on the country’s recent history, he commented “I think we got used to lawlessness and disorder. When there is an order like this, people get angry”. He pressed the point that the proper operation of the law results in fairness not prejudice which benefits the whole of Zambian society; “today a ruling was made against you; tomorrow it will end in your favour.”

The President was key to draw comparisons between the order of the present day, and the corruption and disorder of the previous administration. “This is the order we have brought and they are enjoying this order. They must say thank you to the UPND government that has brought fairness and orderliness in court. In the bus stops no violence, in the markets no violence. That is the leadership that this country was missing.”

These comments came as Hichilema spoke to journalists in Ndola on the Copperbelt. The President has been on a five day door-to-door campaign trail. Speaking at Kafue Park residential area, he called for an immediate end to the illegal allocation of land that is common in the area.

He also reiterated his belief that by-elections were a waste of public resources. In particular he emphasised the more pressing priorities of the nation; “this money we are wasting here could have sunk more boreholes; we could have brought more desks for our children…  We must be a country that is prudent; a country that respects that money is scarce. We must always use them optimally, meaning effectively, efficiently and not waste."

The date of the by-election is now undetermined but Hichilema assured journalists they will take place in the future.