Friday 24th November 2017

ConCourt failed Zambians on petition, says Mambo

Bishop John Mambo says the Supreme Court of Kenya has shown the Zambian Constitutional Court that they should have done better on the UPND presidential petition.

Bishop Mambo, who is Civil Society Constitution Agenda (CiSCA) chairperson, said in an interview with The Mast that it was indisputable that the Constitutional Court had failed the people of Zambia.

The Kenyan Supreme Court last Friday nullified President Uhuru Kenyatta’s election on grounds of numerous electoral malpractices.

The court ruled that the election had to be redone within 60 days.

“The Kenya Supreme Court has shown the Zambian Constitutional Court judges that they should have done better in the UPND presidential petition case. What they should have done is to hear the case and pass judgment…not throwing it away before even hearing it like what happened in Zambia, no! Democracy is about the God given rights where we all have a say on issues affecting us. If it was in Kenya, The Post wouldn’t have been closed by the government. The courts failed us even in The Post case,”

Bishop Mambo said.

“What happened in Kenya shows that the judiciary in Kenya has no interference from any quarter and the reason is very simple. Zambia should go that route where the positions at the Constitutional Court are advertised so that people with the right qualifications apply…This is what happens in Kenya. During this application stage in Kenya, people are free to give their views about the judges…you can even say ‘no, that one should not be picked because of this and that’.”

He said it was sad that in Zambia today, those with dissenting views were being side-lined.

“In Zambia, when you talk about these things, people think you are a fool. What happened is that when our Constitutional Court judges were put to test (UPND presidential petition), they kept on adjourning the case. At the end of the day, what Zambia has been experiencing now is a result of the Constitutional Court which failed the people of this country. The judges in Zambia should realise that they are there to serve the people and not to serve a political party.”

He said Zambians had continued to talk about the UPND petition because it was clear that nothing had been done by the Constitutional Court.

Bishop Mambo said the majority Zambians wanted the ConCourt to hear the UPND presidential petition.

“If we had heard the petition, all these things that are happening now would have been things of the past; there would be no insults, no name calling…if the judges in Zambia today were independent as it should be, things would have been better for all of us. The Kenyan Supreme Court has showed the whole world that judges can be independent,” said Bishop Mambo who further advised African countries to grow their democracies and emulate Kenya.

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