Judiciary cannot be trusted to resolve presidential election petitions, says Dr Hamalengwa
By Staff Reporter
DR Munyonzwe Hamalengwa, a legal author and academician says people only have the courts to resort to in a democracy but it is a forum to be wary of.
In a brief opinion on the judiciary’s role in the resolutions of presidential election petitions, Dr Hamalengwa indicated that he does not trust the judiciary to resolve such petitions but he also discourages those aggrieved by election outcomes against rushing to court.
“Except for the Kenyan Supreme Court as we know, no court in Africa had overturned an election declaration. The circumstances of that court are not the same as in Zambia. However, once the opposition lodged the petition here, it has to be evaluated,” Dr Hamalengwa stated in part. “Under the circumstances, courts give you a fighting chance in the court of public opinion because the Electoral Commission is deemed to be a dysfunctional captive entity. You cannot rely on the captive legislature. You only have the courts to resort to in a democracy. But it is a forum to be wary of.”
He pointed out that the court is the last and only alternative short of capitulation in the face of blatant theft.
“It is a form of voluble protest short of revolution and it means a lot in a democracy,” stated Dr Hamalengwa.
