Institutional Support to Judiciary: Strengthening Electoral Dispute Resolution Mechanisms
June 26, 2023
The Judiciary with the support of UNDP-Democracy Strengthening in Zambia Project has embarked on the process of reviewing and amending court rules and procedures relating to electoral dispute resolution. The review is aimed at easing the procedural requirements in the processing of electoral petitions towards more efficient Electoral Dispute Resolution (EDR).
To this effect a law reform workshop was organised at Ciela Resort (dates) and was attended by the Chief Justice, judges of the Constitutional Court, and research advocates. The workshop to deliberate on the existing framework and identified opportunities for streamlining and strengthening EDR processes for the Constitutional Court and the High Court.
The workshop was officiated by the Chief Justice Hon. Dr. Mumba Malila, SC and featured presentations from Justice Albert Louis Sachs, retired justice of Constitutional Court of South Africa and Professor Muna B. Ndulo, Honorary Professor of Law at Cornell University and internationally recognised scholar in the field of constitution making.
In his opening remarks Hon Dr Mumba Malila welcomed the effort towards amending the Constitutional Court Rules and related pieces of legislation. He expressed the Judiciary’s appreciation for the support received from UNDP and its cooperating partners under the DSZ Project.
Speaking on behalf of the UNDP, Deputy Resident Representative Mr. Roland Seri, welcomed the Judiciary’s decision to review the various pieces of legislation that guide electoral courts on electoral justice. He commended the Judiciary for this decision, and the related actions being undertaken well before the next general elections in 2026.He pledged UNDP’s continuing support to this process.
The outcome of the workshop was a detailed report of proposed amendments to the Constitutional Court of Zambia Act No. 8 of 2016, Constitutional Court Rules Statutory Instrument No. 37 of 2016 as amended by Statutory Instrument No. 29 of 2021 and the Local Government Elections Tribunal Rules S.I. No. 60 of 2016. The review of these pieces of legislation are key to strengthening timely resolution of electoral disputes and confidence building in the country’s justice system and electoral processes.