
President Rupiah Banda has said it was criminal for persons and organisations that are not confirmed by the Electoral Commission of Zambia (ECZ) to compute and tabulate election results.
President Banda said the Electoral Commission of Zambia was the only institution that was legally mandated to compute and tabulate election results.
He has, therefore, warned people and organisations intending to tabulate results of this year’s Presidential and Parliamentary elections without permission from the ECZ that they would be committing an offence.
“Any person who therefore computes and tabulates results other than those confirmed by the ECZ is not only usurping the power of the ECZ but committing a criminal offence,” he said.
ZANIS reports that President Banda said this at State House today when he swore-in Justice Ireen Mambilima as new ECZ Chairperson, Justice Timothy Kabalata, who is new Anti-Corruption Commission Chairperson and Edward Musona, who has been appointed Deputy Chairperson of the Industrial Relations Court.
The President explained that according to the Constitution of Zambia, the ECZ was an autonomous constitutional body allowed to supervise and conduct general elections.
Article 76 (1) of the Zambian constitution states that there will be established an autonomous Electoral Commission to supervise the conduct of Presidential and Parliamentary elections.
Mr. Banda further advised those who wished to support Zambia in conducting and observing the elections that ECZ was an autonomous body and the only constitutionally recognised institution to conduct elections.
“No other institution, whether public or private, is permitted to perform any function relating to the conduct of elections in the country, including computation of results,” he stressed.
President Banda added that organisations that would help in monitoring elections this year should exercise secrecy during voting and counting of results until the ECZ declared the results.
He was referring to Regulation 15 (6) (f) of the Electoral (Conduct) regulations which states that monitors shall maintain secrecy with reference to any matter affecting voting and counting of votes and shall not by themselves or through their organisations declare the results of any election before declaration by the ECZ.
“Further, Regulation 14 (1) of the Electoral (Conduct) Regulations specifically directs all media broadcasting election results to avoid unfounded speculation which may cause instability and prohibits the media from publishing unconfirmed elections results,” he said.
President Banda has meanwhile, restated his position on the Parallel Vote tabulation (PVT) and said no one should be allowed to conduct this kind of exercise in this year’s elections.
The President expressed confidence that the newly appointed ECZ chairperson would not allow anybody to carry out the PVT which he said was a recipe for chaos in the country.
“As you take up your position Justice Madam Mambilima, I have no doubt that you will conduct these polls to the latter of the law,” he said.
And President Banda assured the nation that he would, in accordance with the law, render maximum support to the ECZ to conduct the upcoming presidential and general elections in the highest degree of transparency.
He said Government has invited the international community to come and observe and monitor this year’s elections because his regime had nothing to hide.
He told Justice Mambilima that her reappointment to head the ECZ was testimony of how successfully she conducted the 2006 elections.
President Banda said the approval of Justice Mambilima’s reappointment by all stakeholders showed how highly regarded she was in terms of heading the ECZ and conducting elections.
“The proximity of Presidential and General Elections also left me with no choice but to look for somebody who was very familiar with the operations of the ECZ,” he said.
He pointed out that the ECZ was an important institution in Zambia’s democracy hence it required to be manned by people of high integrity.
The President said it was important that the ECZ should be headed by people of integrity in order for the public to accept the efficacy of the election results.
“I therefore have no doubt that in my mind that you have the nation’s support and that you will lead the ECZ to yet again successfully hold free and fair elections,” he said.
President Banda thanked Justice Mambilima for consenting to serve at ECZ for the second time in the space of four years.
Justice Mambilima takes over from Justice Florence Mumba who recently resigned after workers at ECZ revolted demanding that she leaves the Commission.
On Justice Timothy Kabalata, President Banda said he had no doubt the experienced retired judge would serve the Anti-Corruption Commission with dignity.
He said it was important that corruption was fought in order to foster the country’s development.
And President Banda described Mr Musona as a hardworking Zambian who provided his service to promote justice in the country.
He said Mr. Musona would continue to work hard even at the Industrial Relations Court.
And Justice Mambilima said she was ready to take up the challenge of leading the ECZ even in the midst of workers who caused the resignation of her predecessor.
In their oaths, all the three that were sworn in pledged to faithfully and truly serve in their positions without fear or favour, affection and ill-will.
The trio further swore to preserve, protect and defend the Constitution of Zambia as established by law.
ZANIS