A possible constitutional collision, or collusion?
So, next week, Sept. 1, #Zambia's President Hakainde Hichilema is set to be sworn in for a second term.
Yesterday, Zambia’s Chief Justice, Dr. Mumba Malila, said he had received an electronic copy of “the people’s presidential petition” at his private email address.
The petition challenged the Aug. 13 election result.
The courts had been closed indefinitely. Opposition lawyers could not access the official registry. They sent the petition to the Chief Justice instead.
Dr. Malila called the filing “highly irregular.” But he acknowledged receipt and referred it to the Constitutional Court.
An hour later, the state said President-elect swearing-in would proceed, stating that no petition had been filed within the seven-day legal deadline.
The contradiction is difficult to overlook.
Can a constitutional right to challenge an election be defeated by the closure of the very courts meant to receive the petition?
If the state prevents access to the courts, can it then argue that no petition was filed because the deadline expired?
If the Chief Justice received the petition and referred it to the Constitutional Court, on what basis can another arm of government declare that no petition exists?
PRESIDENTIAL ADVISOR SAYS IT MAY NOT BE POSSIBLE TO IMPLEMENT ALL CAMPAIGN PROJECTS DUE TO BUDGET CONSTRAINTS
By Elesani Phiri
Special Advisor to the President for Policy Compliance Joseph Lungu says government may not be able to implement all projects announced by President Hakainde Hichilema during his campaigns ahead of the August polls, citing budgetary constraints.
Mr. Lungu has told Phoenix News that government will instead prioritize programmes and projects that have a direct impact on the lives of Zambians.
He said although government intends to implement as many of the announced projects as possible, limited resources will require careful prioritization and prudent allocation of public funds.
Mr. Lungu has also assured that government will maintain fiscal discipline and operate within available resources, with future national budgets structured to provide funding for priority development programmes.
He has disclosed that among the projects government intends to implement is the construction of universities in all provinces, but states that government is still finalizing the specific policies and projects that will receive priority.
Mr. Lungu has also dismissed concerns that the projects could overstretch the national treasury, highlighting that government will exercise caution in allocating resources and ensure expenditure remains within approved budget limits.
PHOENIX NEWS
A former Zambian minister was killed in last week's raid by security forces on a house linked to opposition leader Brian Mundubile a day after the presidential election, the authorities have said.
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