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Miyanda urges Dora, Mwale & Sililo to challenge the fraudulent Supreme Court Directive to ECZ

Filed under: Politics |
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godfrey-miyanda-zambia-reportsBrig. Gen. Godfrey Miyanda: “In this regard I urge the aggrieved parties to challenge this matter, if possible as a class action”.

COMMENT ON THE SUPREME COURT’S DIRECTIVE TO THE ELECTORAL COMMISSION OF ZAMBIA![By Brigadier General Godfrey Miyanda – 10th August 2013]

Editor,

I write this personal opinion and complaint as a very concerned citizen. The announcement by the ECZ that they have received a formal notification from the Supreme Court to prevent three named citizens from participating in an election still does not answer previous questions raised.

While I do not question the Supreme Court’s mandate to issue final judgements the issue now is the process that has brought on the sudden action by that Court.

In one of today’s (11th Aug 2013) Government media news report there is a screaming and almost celebrating headline that “Dora, others barred”, as if to confirm that this is really what the fuss is all about.

Because of the immediate circumstances surrounding this saga I do NOT believe that the Court moved itself to act at the eleventh hour; unless proved otherwise I believe that they were moved by the PF Secretary General who happens to be the Minister of Justice! Hence the question that still begs an answer is:

what process was used by the PF Secretary General to move the Supreme Court to act on the eve of nominations, when all participating groups were in the various parts of the country to file their papers and to support their candidates?

Why the midnight hurry? After all the Electoral Act provides remedies should unqualified people manage to file; this is part of the ECZ mandate to conduct elections!

According to the Constitution the ECZ is an autonomous body. The word autonomy connotes “independence”. Just as much as we expect our judiciary to be independent, so do we expect the ECZ to be and to remain independent, without being badgered by overzealous political cadres.

For this independence to be realised procedures must be followed even when the Supreme Court sees the need to restate or clarify their judgements.

In this case the question is, where has the Supreme Court been since this controversy has been raging on for a while?

In this instance I cannot be faulted for concluding that the Supreme Court succumbed to the dictates of the PF Secretary General (and impliedly to that of the President) because of the timing of their pronouncement, on the eve of the nominations.

I further contend that the issue of whether the Supreme Court should NEVER submit a Report should be argued in court by all the parties concerned.

This is because their action at this late hour amounts to directing the ECZ what to do.

Arising from this instruction the ECZ has announced that they will not accept the nominations of the named three former MPs.

It is my humble understanding the submission of the Report is a constitutional safeguard because the standard of proof in an election petition may not be as stringent or as high as in a criminal prosecution.

The rights of the three named citizens are affected and hence due process must be followed at all times, without vindictiveness.

In this regard I urge the aggrieved parties to challenge this matter, if possible as a class action.

GODFREY MIYANDA,BRIGADIER GENERAL[11TH AUGUST 2013]

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