Judge Chulu has vast powers under the new electoral law which he is not using

Judge Chulu

By Isaac Mwanza

Article 99 of the Constitution of Zambia, as amended, has elevated the Chairperson of the Electoral Commission as Returning Officer in an election to the Office of the President. Previously, the ECZ chairperson was a Presiding Officer. Judge Chulu has been given vast powers under the new electoral process Act which he seem reluctant to use in order to be seen to be conducting free and fair elections.

Under the new electoral law, Section 70 (1) empowers an election or polling agent to object, to the presiding officer, from announcing presidential result under section 71 and ask for a recount. A presiding officer is allowed under Section 70 (3) to determine the objection and decide whether to order a recount. His decision to order the recount or not to, can still be appealed to the Returning Officer, who in Presidential election, is the Chairperson of the Commision. If a presiding officer orders a recount, the presiding officer shall announce the result afresh.

Under Section 73 of the Act, the Chairperson of the Commision, as Returning Officer and having received and reviewed written record of any objections from the presiding officers, is required to tally, announce and declare the result of a presidential election as soon as they are received. If there is any decision which has been appealed to him, he at this point has the authority of the law to make a determination of the matter before he announces results or makes any declaration.

Section 76 actually allows the Commission to correct a mistake committed by an electoral officer in the tabulation of results within seven days after the declaration of the results.

Further powers given to the Commission by Section 75 includes situations whereby if ballot papers used in an election at a polling station are lost, destroyed or unlawfully removed before the votes cast at the polling station have been counted and announced, the Commission shall allow a revote at that polling station.

So this issue of correcting mistakes, if any, noticed by election or polling agents shouldn’t be a big deal. Judge Chulu as Returning Officer ought to exercise the independence which he talks about to make proper decisions that favour all players in this process.

The Commission was given those powers to even do the recount without waiting for the court because the society want to avoid burdening the courts with processes which the Commission could simply handle and resolve without asking people to run to court all the time. The Presidential petition has been given a very shorter time of hearing by the Constitution, i.e. 14 days from being filed. It is believed the Commission chairperson would have been competent enough to even order recounts, if any was needed before.

The law says that even after declaration of results, the Commission has 7 days to correct some mistakes in the tabulation which would have been committed by the electoral officers. So if Edith Nawakwi, HH, ECL or Tilyenji is declared winner at any point, bear in mind that within 7 days the Commission can correct the tabulation if it be found to be erroneous, if it only realises it now has such power. Where is the Gen12 Form?

Mindful that this is my understanding of the new electoral law (I may be right or wrong in my understanding and would appreciate yours), has the Commission performance, especially that Judge Chulu is returning officer, been above board when dealing with objections from stakeholders?

Please cadres don’t came here ranting if you disagreeing with me without offering your own understanding of the the new law. There are many forums on FB you can use to do cadre-type of politics but let’s discuss with respect to other people’s opinions.

Napwisha! Good morning