Miyanda And Others v Attorney-General the Electoral Commission of Zambia and Another [2002] ZMHC 1 (1 January 2002)
The Returning Officer must declare the winner and swear in the president upon receipt of the presidential poll results; the Constitution's supremacy precludes any interpretation of subordinate laws that would conflict with it.
Source-derived case information.
- Citation
- [2002] ZMHC 1
- Parties
- Applicant: Godfrey Kenneth Miyanda; Applicant: Anderson Mazoka Kambela; Applicant: Christon Tembo; Applicant: Nevers Mumba; Applicant: Tilyenji Kaunda; Applicant: Ben Mwila; Respondent: The Attorney-General; Respondent: The Electoral Commission of Zambia; Respondent: The Returning Officer for the Presidential Elections
- Court
- High Court of Zambia
- Jurisdiction
- Zambia
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition dismissed
- Legal Topics
- Supremacy of Constitution, Election Procedure, Powers of Returning Officer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Godfrey Kenneth Miyanda
Applicant
Anderson Mazoka Kambela
Applicant
Christon Tembo
Applicant
Nevers Mumba
Applicant
Tilyenji Kaunda
Applicant
Ben Mwila
Applicant
The Attorney-General
Respondent
The Electoral Commission of Zambia
Respondent
The Returning Officer for the Presidential Elections
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the Returning Officer is mandated to declare the winner after receipt of presidential poll results
- 2 Whether the Returning Officer has discretion to order a recount or verification under the Electoral (General) Regulations
- 3 Whether any law or regulation can override the Constitution
Ratio Decidendi
The Returning Officer must declare the winner and swear in the president upon receipt of the presidential poll results; the Constitution's supremacy precludes any interpretation of subordinate laws that would conflict with it.
Court Disposition
petition dismissed
Full Case Text
Judgment text and source record
1 paragraphs
GODFREY KENNETH MIYANDA, ANDERSON MAZOKA KAMBELA CHRISTON TEMBO,NEVERS MUMBA TILYENJI KAUNDA AND BEN MWILA v THE ATTORNEY-GENERAL The Electoral Commission of Zambia and The Returning Officer for the Presidential Eelections High Court Justice P. Chitengi 2nd January, 2002 Flynote Constitutional Law- Supremacy of – Courts power – Effect on. Elections – Returning Officer – Declaration of winner – whether mandatory after receipt of results. Headnote The appellants who individually sought the Presidency of the Republic of Zambia in the 2001 Presidential Parliamentary and Local Government Elections, had various complaints and concerns about the election in some Constituencies. The applicants mainly complained that the Returning Officer ignored the requests to order a recount and verification of the Presidential polls under Regulation 44 of the Electoral (General) Regulations. The applicants argued that in terms of regulation 46 aforesaid they were also entitled to recount as long as the request is not unreasonable. Held: (i) The Returning Officer has no discretion in Presidential Elections. Once the result of the Presidential Poll is communicated to him, the Returning Officer has under the Constitution no choice but to declare the winner and swear him in as the president. (ii) The Constitution is the Supreme law from which all other laws trace their validity and no Acts of Parliament, by laws or rules of court, will be given interpretation which will conflict with the Constitution itself. 2000