Masebo challenges ECZ position in Chongwe East election petition

Former cabinet minister, Sylvia Masebo, has challenged the Electoral Commission of Zambia’s (ECZ) position that the Chongwe East parliamentary election was free and fair and should not be nullified.

Masebo, who is challenging the election of independent candidate Anita Kamanga, argued that alleged misconduct during the campaign formed part of the complaints presented before the ECZ Conflict Management Committee and should be considered in determining her election petition.

Masebo polled 6,798 votes against Kamanga’s 16,058 votes and is seeking a declaration that Kamanga’s election is null and void.

The former Lands minister said the alleged misconduct included statements allegedly made by Kamanga, which she said formed part of the factual matters on which her petition was based.

Masebo also challenged the ECZ’s response on the burden of proof, arguing that while the legal burden remained with the petitioner throughout the proceedings, the evidential burden could shift between the parties.

“Quite clearly therefore, once evidence is adduced tending to establish a particular fact, the evidential burden shifts to a party seeking to displace it,” she said.

She argued that once a petitioner presents evidence capable of establishing a particular fact, any affirmative assertions made by the respondent in response must also be supported by evidence and tested at trial.

Masebo maintained that the campaign conducted by Kamanga leading up to the election was characterised by conduct that, in her view, contravened the Electoral Process Act and the Electoral Code of Conduct.

She also rejected the ECZ’s position on the reliefs she was seeking, arguing that they arose from matters pleaded in her petition concerning conduct during the campaign and alleged breaches of electoral law.

Masebo has asked the court to nullify Kamanga’s election.

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