CSOs urge Chief Justice to prioritize Establishment of Electoral Court
In a statement, Consortium Chairperson Isaac Mwanza has stressed that the creation of an Electoral Court would significantly enhance the handling of electoral disputes.
He has noted that such a court would ensure timely, transparent, and expert resolutions of electoral conflicts, which are critical for maintaining public trust in Zambia's democratic processes.
“As Zambia continues to consolidate its democracy, the swift and credible resolution of electoral conflicts is vital. An Electoral Court will not only improve efficiency but also foster fairness in electoral outcomes,” said Mr. Mwanza.
The CSO Chairperson has further appealed to Zambia’s cooperating partners to consider supporting the establishment and operationalisation of the Electoral Court saying this support would include the specialised training of judges and magistrates.
Mr. Mwanza has emphasised that investing in this initiative would not only improve electoral justice but also contribute to broader judicial reforms essential for upholding democracy and the rule of law.
He has also noted that the establishment of an Electoral Court would reduce the burden on the general court system during election periods and it would ensure that election-related cases are handled by specialists, leading to more consistent and credible decisions.
In the same statement, Mr. Mwanza raised concerns about the growing trend in the Economic and Financial Crimes Courts to deny bail to individuals, particularly high-profile figures, who have been sentenced but are appealing their convictions.
He has highlighted the risks posed by this practice, particularly in cases where appeals take several years to conclude, resulting in individuals serving full sentences before their cases are reviewed.
This, he has argued, could lead to potential miscarriages of justice, particularly where convictions are later overturned.
“Denying bail in such instances is particularly problematic when the sentences are short, as individuals may serve their full sentence before the appellate court has had the chance to rule,” Mr. Mwanza said. “This situation effectively punishes those who may later be found innocent.”
He has reminded the Chief Justice of his duty to ensure that justice is both done and seen to be done.
He said the right to bail, especially pending appeal, is fundamental to maintaining the presumption of innocence and preventing wrongful punishment, Mr. Mwanza added.
The Consortium Chairperson has called on the Chief Justice to provide clear administrative guidelines to judicial officers, ensuring that bail decisions are based on law and fairness, not perceived punitive motives.
He has further urged that courts uphold the rights of all individuals, regardless of their status or the public attention surrounding their cases.
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