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Saturday 06 September 2025 03:55:17 GMT
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As a student lawyer, am spoting on the Zambian Constitution is quite
As a student lawyer, am spoting on the Zambian Constitution is quite "rigid" on presidential election petitions and timing around inauguration. WHAT IS THE CONSTITUTION SAYING THAN Constitution of Zambia says about a petition before inauguration 👇 1. Filing the Petition Under Article 103(1) Any person may file an election petition before the Constitutional Court to challenge the election of the President-elect on whether: 1. that person has been validly elected as President; or 2. any provision of the Constitution or law relating to presidential elections has been complied with. a841 Deadline: The petition must be filed within 7 days after the date of the declaration of the presidential election results. 2. Effect on Inauguration / Swearing-in This is the key part. Article 105 links swearing-in to the petition: The President-elect shall assume office after the Constitutional Court has dealt with the petition and declared the election valid. So a petition can delay the inauguration. The swearing-in cannot happen until the Court disposes of the petition. 3. Timeframe for Hearing Article 103(2): The Constitutional Court shall hear and determine the petition within 14 days of filing. And Article 103(4): The Court must determine it within 90 days of filing. Note: The 14-day rule was introduced in 2016 to avoid petitions dragging on for years. In 2016 the Court dismissed a petition because the 14 days had expired. e079a8411892 4. Who runs government during the petition? Article 104(3) provides for continuity: If the incumbent President is the President-elect and a petition is filed, the Speaker shall discharge the executive functions. If the Speaker can’t, the First Deputy Speaker does. If the election is nullified, the Speaker continues to perform executive functions and a fresh election is held within 90 days. 5. Important points to note 1. A petition does NOT automatically cancel the election. It only triggers judicial review. 2. It can delay inauguration until the Court rules. 3. Finality: The Constitutional Court’s decision to nullify or uphold is final. 4. No extension: The Court has said it lacks jurisdiction to extend the 14-day timeframe. In short for 2026 context: If a presidential petition is filed within 7 days of declaration, the inauguration is put on hold until the Constitutional Court hears and determines it within 14 days. During that period, the Speaker acts as President if the incumbent is the President-elect. Let me know if you want me to break down Article 101 vs Article 103 or how this played out in the 2016 Lungu vs Hichilema petition. I AM NOT A LAWYER BUT A STUDENT LAWYER PLEASE COMMENT AND ADD

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