The opposition UPND is this week expected file a petition in the Constitutional Court against the re-election of President Edgar Lungu who scrapped through Thursday’s tightly fought election.
And the party is also demanding that somebody takes over the Office of the President in an acting capacity once the petition is filed in accordance with the amended constitution.
UPND Legal Adviser Jack Mwiimbu told Journalists in Lusaka shortly after President Lungu was declared winner that the opposition party will file the petition papers anytime this week.
Mr Mwiimbu also revealed that the Court has also granted leave to commence judicial proceedings against the handling of the election.
“I wish to disclose here that last night we had commenced judicial review process, the court has already given us leave to commence legal process, this matter will be held Wednesday morning, concurrently we are commencing the petition against the results of the presidency,” Mwiimbu said.
He said the constitutional provisions have to take root because the party has overwhelming evidence that the election was stolen from Hakainde Hichilema.
“When there is a petition, somebody else has to act as President until the petition is decided. We are not going to allow impunity in this country,” he said.
“This country is for all of us. This is a very sad day for this country. We so ashamed that we can have an Electoral Commission that colludes with a particular party, that is not what we wanted. That is not what we wanted when we put those people in power. We never thought that such travesty of the law can take place here.”
He added, “The Electoral Commission Chairman even had the audacity to say that the Electoral Process Act was the one which was also used in the 2011 elections. How can a law which was passed this year be passed in retrospect? It just shows that there is something wrong in the understanding of the laws of this country by people whom we assume to be knowledgeable. We cannot allow travesty of the law in this country.”
Mr Mwiimbu continued, “We are aware of what they want to do, we have no doubt in our minds. We are resolved, we are going to take up this matter legally and we will not be constrained by anybody. We know that actually there will be victimisation, some of our supporter’s homes have been attacked. In Chibombo, 10 Kilometres away from here, a school to one of our members has been completely destroyed. His houses have been destroyed, just because he belongs to an opposition party.”
“This not what we fought for, this is not what we wanted as a country, we are not in any way failing to protect our interest, we will protect democracy and we will ensure that the process commences very soon.”