2016 Presidential Petition Will Forever Haunt ConCourt Judges- Tembo

Sean Tembo says the failure by the Constitutional Court to adjudicate the 2016 Presidential Petition presented by United Party for National Development(UPND) president Hakainde Hichilema and his Running Mate Geoffrey Bwalya Mwamba is not only verdict on their professionalism but also on their moral standing in society.

And Tembo who is Patriots for Economic Progress (PeP) leader says the recent Kenyan verdict that overturned Uhuru Kenyatta’s election is an eye opener to the opposition in Zambia not to raise unnecessary preliminary grounds for nullifying an election.

Tembo said in a statement that the Constitutional Court Judges’ failure to adjudicate the 2016 Presidential Elections has huge bearing  on their moral standing in society and questions their professionalism.

“The Justices of the Constitutional Court must draw lessons that they need to take their responsibilities seriuosly. There is a reason why in the midst of poverty and squlor among our citizens, the country decided to bestow unlimited privileges and opulence on Justices  such as mansions, posh cars, numerous servant, huge salaries and exergerated titles. The reason for all this grandeur is that the Justice must do their job and do it properly when the time comes. The recent failure by the Constitutional Court to properly adjudicate on the 2016 Presidential Petition, is a verdict not only on their professionalism but also on their moral standing in our society,” he regretted.

Tembo, however, said the opposition in Zambia raised a lot of preliminary issues, wasting time for  the  main ground of the election petition.

” The opposition political parties in Zambia can draw the lesson that it is important to separate the chaff from the substantive issues and narrow down to the most pertinent grounds for nullifying an election. There is no point in filling 79 grounds and raising numerous preliminary issues then running out of time.Raila  Odinga and his NASA filled only 4 grounds and got a judgment within a week. Quality should be given more prominence than quantity in a presidential petition,” the opposition leader said.

Tembo said  PeP has noted with great joy t  the Supreme Court of the Republic of Kenya to nullify the re-election of President Uhuru Kenyatta on the basis of electoral malpractices, irregularities and illegalities.

” The Electoral Commission of Zambia can draw the lesson that opposition political parties need to be given unencumbered access to audit the electronic voter tabulation system and related systems, before and after the election, so as to obtain the required assurance about the integrity of the electoral systems as well as gather evidence about any possible malpractices, irregularities and illegalities,” Tembo said.

He added: “The Executive Wing of the Government of the Republic of Zambia can draw the lesson that we need to change the method of appointment of the Justices of the Constitutional Court so that they are not only independent but are seen to be independent. In this regard, the Judicial Service Commission should be given the sole responsibility to vet, interview and recommend at least 3 candidates for each ConCourt vacancy, to a Republican President from which the President must make his appointment. The current setup whereby Justices of the Constitutional Court are appointed willy-willy by the President, gives rise to inherent bias in favor of the appointing authority and renders the Constitutional Court into a toothless eunuch.”

Tembo said:”To the general citizenry, the lesson we draw from Kenya is that it pays not to take the law into our own hands but to trust in the judiciary, regardless of how many times the judiciary may disappoint us. With all its flaws and limitations, the justice system remains the only civilized avenue for resolving disputes.”