We the members of the UPND based in South Africa do hereby reject the outcome of the elections held on 11 August 2016 as unconstitutional and therefore null and void.
We have taken this position after examining how the conduct of the elections before, during and after fell short of a minimum expectation of the crafters of our Constitution.
While there was general disregard of the spirit of the Constitution before and during the elections, the following events were blatant disregard for the Constitution after election:
President Edgar Chagwa Lungu did not hand over power to the Speaker once a petition was successfully presented to the Constitutional Court contrary to the provisions of Article 104(3) of the Zambia Constitution.
We believe this provision of the Constitution requires no debate or second guessing as it is very clear.
Indeed Article 1(2 – 4) make it very clear that:
An act or omission that contravenes this Constitution is illegal.
The Constitution shall bind all persons in Zambia, State organs and institutions.
The validity or legality of this Constitution is not subject to challenge by or before a State organ or forum.
The Nation must note that the holder of The Office of the President is supposed to be the principal defender of our Constitution.
The failure of President Lungu to uphold the provisions of this Constitution strikes at the very heart of this Supreme Law and drags it into contempt.
The Constitutional Court refused to hear the petition.
The Constitution in Article 9(1) (a) states that ‘The national values and principles shall apply to the interpretation of this Constitution’.
The Constitutional Court’s attitude during the petition neither reflected the national value nor principles.
The Constitution Court is supposed to be the principal arbiter that dispenses justice to all aggrieved citizens in all matters pertaining to Constitutional rights.
The Constitutional Court in our view lamentably failed to give justice to the petitioners.
We believe that if the UPND and its alliance partners accepted this outcome, it too will have committed an unconstitutional act.
It must be noted further that what has obtained in Zambia is a direct contravention of the African Union Aspiration 3 in Agenda2063 “An Africa of good governance, democracy, respect for human rights, justice and the rule of law”
It is also a contravention of the United Nations Sustainable Development Goal 16 – Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.
It is in the light of the above that we reject the outcome of the said elections and fully endorse the action of the UPND and its Alliances leadership to pursue the matter as they are currently doing.
Chairperson, UPND South Africa Chapter.