Kenya ruling on the presidential petition is a watershed moment for Africa and a solid indicator of what the independence of the judiciary mean. Whilst in Zambia PF vuvuzelas preach about judicial independence even in the face of human rights abuse, Kenya has walked the talk. In the case of Kenya if the ruling and rerun won’t change the winner, it will at least rectify the electoral process. Erring electoral officials will be fired or prosecuted. In our case not only was the petition cowardly thrown out, a review of the process has not been carried out, neither has the criminality associated with the election been investigated. In mind I have Chavula from Uganda, the raiding of polling stations by PF cadres and the dumping of Maureen Mwanawasa ballots in a bin. Fraud in Zambia is excusable because we are a “Christian nation” who always moves on (Sarcasm).
Some of the disturbing things and conduct about our Concourt are listed below:
1. They don’t have the prescribed qualification and experience in either constitutional law or human rights work
2. Parliament identified the qualification gaps but still ratified their appointment, thanks to PF rubber stamps.
3. They for over two months, failed to make a ruling on whether or not Ministers should continue after dissolution of parliament until a few days before elections, all because they colluded with the executive to give PF an advantage.
4. To date the Constitutional court has not ensured that the money earned by the illegal ministers has been repaid, isn’t that contempt of court.
5. The Con court is still seating on the nullification of Nkandu Luo’s and Margret Mwanakatwe’s election because they have again colluded with PF to maintain numbers in parliament.
6. They are probably the most shameless judges in the world after they contradicted their own ruling on having two days to hear the presidential petition. What kind of judge can’t keep his or her word to the whole world, disgraceful?
7. They are likely to give Lungu, their master, a third term. Unless they want to save face, right now they are in too deep in the mud.
8. They will go down among law students as the most disgraceful judges in the history of Zambia’s judiciary.
To those who intend to respond to this article with the cowardly 14 days argument, answer this. If you are schedule for a mandatory HIV test on a specific date, and due to some circumstance the nurse informs you that she is not able to conduct the test. Would you start celebrating that you are HIV negative just because the day has elapsed? Would you not be better off rescheduling the test so that you ascertain your status?