Objective two 

Political parties in Zambia are found wanting when it comes to challenging electoral outcomes with evidence-based petitions. Petitions are often half backed, not supported by evidence of malfeasance and in some cases not properly brought/filed before the courts. Challenges are filled out of time, in the wrong courts and in most cases are incomplete and not supported by irrefutable evidence to suggest electoral malfeasance. Zambia’s electoral jurisprudence has shown that the courts tend to gravitate towards a standard of proof which is higher compared to other civil matters. The petitioner must not only prove irregularities in the election but also prove that the irregularities affected the outcome of the election. This requires political parties to provide higher standard of evidence to prove electoral malfeasance. This activity will seek to provide political parties with tools and knowledge to access election dispute resolution mechanisms

 

Markers of Progress

 

Expect to see.

• political parties provided with tools and knowledge to access election dispute resolution mechanisms.

• Political parties better informed and equipped with skills on how to access the EDR mechanisms.

Like to see.

• A reduction in the number of petitions that are half backed, not supported by evidence of malfeasance, and not properly brought/filed before the courts.

• Promoting the use of formal and informal EDR mechanisms

Love to see.

• political parties to provide higher standard of evidence to prove electoral malfeasance.capacity within to political parties to effectively file winning election petitions.

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ACTIVITY 2

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Provision of a One Stop Advisory Framework for Political Parties on how to Access Election Dispute Resolution.

The one stop advisory services shop will be set up within the Zambia Election Information Centre (ZEIC). It will be manned by legal experts on electoral dispute resolution providing a service to political parties during the electoral cycle. Services include determining whether complaints can be filed or not, the courts/mechanisms to approach and the format of filing the petitions. Services will not include litigating on behalf of the political party. Experts will be drawn from Zambia and the region.

 

Markers of Progress

 

Expect to see.

• political parties accessing the advisory services.

Like to see.

• Institutionalise the use of EDR mechanisms in responding to electoral disputes.

 Love to see.

• Establish a framework for political parties access the EDR mechanisms of the country.