Constitutional Court of Zambia - 2018 November

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November 2018
Nkandu Luo & Another v Mwamba & Another (Appeal 10 of 2016) [2018] ZMCC 254 (16 November 2018) Petitioner failed to prove abuse of public resources, sponsorship of violence, or that GEN12 irregularities affected the election result. Electoral law — election petitions — burden and standard of proof — section 97 Electoral Process Act 2016; Abuse of public resources — regulation 15 of Electoral Code of Conduct; Electoral violence — liability requires candidate’s or election agent’s knowledge/consent/approval; Election administration — Form GEN12 (result forms) and consequences of non-countersigning; Substantial compliance — section 97(4) prevents annulment for officer omissions that did not affect result.	16 November 2018

November 2018

Petitioner failed to prove abuse of public resources, sponsorship of violence, or that GEN12 irregularities affected the election result.

Electoral law — election petitions — burden and standard of proof — section 97 Electoral Process Act 2016; Abuse of public resources — regulation 15 of Electoral Code of Conduct; Electoral violence — liability requires candidate’s or election agent’s knowledge/consent/approval; Election administration — Form GEN12 (result forms) and consequences of non-countersigning; Substantial compliance — section 97(4) prevents annulment for officer omissions that did not affect result.

16 November 2018

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