Nullifications of Elections: Has PF gone against it’s pre-election pledge?

Barbrah Musamba Chama Mumba

Fellow members and  readers of the Zambian Eye, I would like to announce that I will have a column on Zambian Eye on a specific day that will highlight various issues of our lives and my beloved country Zambia.

I will also post excepts of manifestos of major political parties so that people are enlightened on what our political parties have to offer and also make accountable the governing party.

As for today, I will post some excepts of the PF manifesto in light of today’s burning issue regarding the postponement of nominations due to the press release by the judiciary.

Please note that I may have a political inclination but my over riding desire is the betterment of our beloved country Zambia.

I would also urge those that want me to put up a topic to inbox me. My column will run from next week Wednesday.

Good day to you all.

WHAT THE PF MANIFESTO SAYS ON ELECTORAL AND JUDICIARY REFORMS

23. ELECTORAL REFORMS

In December 1990 Article 4 of the second Republican Constitution was repealed to abolish the one party state and re-introduce multi-party politics in Zambia. This led to the presidential and general elections held in October 1991 which ushered in the MMD government.

Under the MMD government, however, the electoral process has remained a contentious issue. This is despite the establishment of the Electoral Commission of Zambia (ECZ) following the enactment of the Electoral Commission Act No. 24 of 1996.

The ECZ has suffered from various perceptions in the eyes of its stakeholders and the general public such as, lack of independence from the influence of the executive arm of government and/or the MMD in the administration of elections, partisan appointments of members of the commission by the President who is an interested party in the presidential and general elections, lack of transparency in the transmission of elections results from the counting centres to ECZ and poor and/or erroneous recording of results at the polling and collation centres.

Although the MMD government, under the late President Levy Mwanawasa, did actually appoint an Electoral Reform Technical Committee to review the electoral system in Zambia which presented its report in August 2004, the government has ignored the said report without offering any explanation to the stakeholders and the general public and hence allowing the perpetuation of electoral malpractices in the electoral system to the detriment of democratic governance.

In order to redress the above the PF government shall:
• Amend the Electoral Commission Act No. 24 of 1996 so that members of the ECZ are appointed by Parliament and not the President in order to promote the independence of the ECZ;
• Amend the Electoral Commission Act No. 24 of 1996 to ensure that the ECZ is representative of political parties in parliament;
• Review and amend the Electoral Act No 12 of 2006 to promote the principles of free and fair elections;
• Introduce legislation to allow for the registration of political parties with the ECZ and not the Registrar of Societies;
• Introduce legislation to allow for government financing of political parties with representation in parliament;
• Review the recommendations of the Electoral Reform Technical Committee and implement those recommendations which are progressive in achieving democratic elections.

ON THE JUDICIAL REFORMS

25. JUDICIAL INSTITUTIONAL REFORMS

Under the MMD government the delivery of justice in Zambia has been slow, cumbersome and expensive for the ordinary person. In addition public confidence in the judiciary has been eroded over the years.
In order to redress the above the PF government shall:

• Establish a constitutional court;
• Establish specialized courts;
• Introduce legislation to confer the power of establishing a tribunal for purposes of investigating any case of misconduct against any sitting judge on the National Assembly in order to ensure transparency;
• Strengthen the process of appointing judges, particularly with regard to their independence from the executive;
• Ensure that appointments and promotions in the judiciary are made on merit and progression basis;
• Review the composition of the Judicial Service Commission;
• Enhance the security of tenure of judges and magistrates;
• Establish additional principal High Court registries in order to make the delivery of justice accessible and less costly to the ordinary person;
• Establish Resident Magistrate Courts at all District Headquarters;
• Establish and recognize traditional courts under traditional rulers as the first level court below the local court in the judicial hierarchy;
• Construct additional infrastructure, especially court rooms at all levels;
• Upgrade lay Magistrates to professional magistrates through in-service training;
• Introduce the clerking system for all Supreme and High court judges.