We are in a crisis


It is now clear that with this thuggery going on the country where PF thugs are camped at the Courts grounds and freely drinking beer and wines, whichever way this case is going no one from both camps of either UPND or PF will accept the verdict.

This is what UPND will say: “The playing field was not levelled during the petition because the president never handed power to the speaker as provided for in the Constitution and the ConCourt didn’t interpret the law on that one.”

If PF losses the case, this is what they will say, “The judges went beyond the 14 days ultimatum and so the constitution was not followed.” That’s my analysis anyway.

In my view this is where the whole thing has been mishandled: Firstly, the ConCourt did not state clearly on the transfer of power to the Speaker. Secondly, the ConCourt could have stated clearly from the onset that 14 days doesn’t include weekends and should have been categorical on what 14 days.

In view of this, I am convinced that the errors were made by the ConCourt itself. Moreover, the happenings during the sittings leave much to desired.
The way forward in this case is that whatever judgment will be made may not be widely accepted. In this case it’s a draw game. There is neither a winner nor a loser.

So, in order to be fair, perhaps a rerun can be the best solution. During the rerun, let speaker be in charge to avoid one party using undue advantage over the other.

And I’m sure the country has money for a rerun since in any case, they were preparing for a rerun already if no one got more than 50% plus 1 vote.

I also suggest that the ConCourt just orders a verification and recount of all votes and other materials as a way of settling the matter and determine who the actual winner was.

There is nothing wrong to recount after all that is the more reason why the seals with serial numbers are fixed on the ballot boxes. (Please, this is my personal view).

Monica Mwale

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