Maravi

Rupiah, Sata collide on PVT

Rupiah, Sata collide on PVT
By Chibaula Silwamba
Wed 16 Mar. 2011, 04:02 CAT

PRESIDENT Rupiah Banda has warned advocates of the parallel vote tabulations (PVT) that anyone that will compute and tabulate results of the forthcoming tripartite elections will be committing a criminal offence.

But PF leader Michael Sata says his party stands ready to meet President Rupiah Banda in full over the parallel vote tabulation (PVT). And new chairperson of the Electoral Commission of Zambia (ECZ) justice Ireen Chirwa Mambilima has declined to state whether or not PVT is illegal.

Speaking when he swore in justice Mambilima as ECZ chairperson at State House in Lusaka yesterday, President Banda said it was clear that the mandate of computing and tabulating election results was an exclusive statutory mandate of the ECZ.

“I wish to emphasise that under the Constitution, the ECZ is the only legally and constitutionally recognised body that is charged with the responsibility of conducting elections in Zambia,” President Banda said. “No other institution, whether public or private, is permitted to perform any function relating to the conduct of the elections in the country, including computation of results.”

He said in addition to the Constitution, the ECZ Act and the electoral Act as read together with the electoral conduct regulations and the election general regulations gave specific and exclusive mandate to the ECZ with regards to the compilation and final tabulation of results with respect to the presidential, parliamentary and local government elections.

“Specifically, regulations 15(6) (f) of the electoral (conduct) regulations 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 result of any elections before the declaration by the ECZ,” President Banda said.

“Further, regulation 14 (1) of electoral (conduct) regulations specifically directs all media broadcasting elections results to avoid unfounded speculation which may cause instability and prohibits the media from publishing unconfirmed election results.”

He said regulation 17 of the electoral conduct regulations made it clear that anyone who breaches the provisions of any regulation of the electoral conduct regulations commit 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,” President Banda said. “I would like to make it clear that my position on parallel vote tabulation is only an endorsement of the statement that was issued by the ECZ on March 12, 2011.”

He said as Justice Mambilima was taking up her position at ECZ, he had no doubt that she would conduct the forthcoming tripartite elections to the letter of law.

“The statutory laws that govern the ECZ are very clear and I have no doubt that you will not allow people who are over-zealous to usurp powers of the Commission,” President Banda told justice Mambilima. “I am happy that your great sense of patriotism has allowed you to answer once again the call to render service to the nation.”

He said Justice Mambilima's appointment came naturally to him, given the manner in which she successfully conducted the 2006 presidential election.

He said the proximity of the forthcoming tripartite elections also left him with no choice but to look for somebody that was very familiar with the operations of ECZ, adding that Justice Mambilima's appointment was well-deserved for her.

President Banda said the ECZ was a very important institution in Zambia's democracy and it should be manned by men and women of integrity that society held in high esteem.

“This is important because the nation needs to have confidence in the ECZ in order for the public to accept the efficacy of the results of an election,” President Banda said.

President Banda said the nation held Justice Mambilima in high esteem and he was happy that her appointment received national approval by all stakeholders including leaders of opposition political parties.

He said he had no doubt that Justice Mambilima had the nation's support and that she would lead the ECZ to yet again successfully hold free and fair elections.

“Let me once again assure the nation that I will do everything possible, within the confines of the laws, to help the ECZ conduct the upcoming presidential and general elections in accordance with the highest degree of transparency,” President Banda said. “It is because we have nothing to hide that I have made an open invitation to the international community to come and observe and monitor our elections.”

President Banda said the ECZ was an autonomous entity.

“I wish to make it very clear to those who wish to support us in conducting the elections and those who will come to observe the elections that the ECZ is an autonomous constitutional body established under the provisions of Article 76 (1) of the Constitution of Zambia,” President Banda said. “Article 76 (1) clearly states that there will be established an autonomous electoral commission to supervise the conduct of presidential and parliamentary elections.”

Later, answering questions from journalists, Justice Mambilima said she was ready to take up the challenge at ECZ.

And reacting to President Banda's statement that whosever would carry out PVT would be committing a criminal offence, Sata said PF would go ahead with PVT in the forthcoming general elections.

“The problem is Comrade President is trying to endorse the irregularities that have been going on at every election. He knows that in 2008 he didn't win that election but he got away with it because we relaxed on PVT,” Sata said. “In 2008, he stole our votes but this time around we are going ahead. There is no law, which says a citizen cannot know how people have voted particularly if that citizen is a participant in that election. Citizens are entitled to know how people have voted in an election.”

He said PF was currently preparing its members for PVT.
“We have learnt our lessons and we are very much ready to go ahead with PVT. So let Rupiah do what he wants because we are going ahead with PVT,” Sata said. “In fact, we are compiling data polling station by polling station throughout the country in readiness for the exercise. We are going ahead and we are even informing all our structures to get ready to tabulate the results. We want them to start preparing for this task now.”

Sata said President Banda was free to behave like the colonial government.

“In 1959, the colonial government declared a state of emergency, thinking that they will slow down African nationalism advancement but it just heightened the struggle,” he said.

Sata said nothing would stop PF from pursuing PVT.

“If Rupiah wants to bring his Zamtel or dribbling manners, we are going to meet him in full, not even half way but in full. We are fortunate enough to know how brutal he can be as evidenced by the Mongu and Mazabuka killings so we know him,” Sata said. “This time around, he is not going to have it easy in stealing votes because we are going ahead with the preparations for PVT and we shall definitely implement it.”

He wondered why President Banda was so jittery if he was convinced about his popularity.

“Why this violent reaction? PVT is not alien during elections in Zambia. The MMD through its campaign centre tabulates results during elections,” Sata said. “They tabulate results, no wonder they give those projections on the expected results according to them. So what's wrong with the opposition doing the same?”

And when asked about her position on the controversy surrounding the PVT, justice Mambilima said the ECZ had already issued a statement, which was the position of the commission, but refused to specify whether or not she agreed with the ECZ's position in her position as judge.

“I can't comment on that. I am not the legal advisor to the government. You can ask the Attorney General.”

Justice Mambilima said the commissioners would appoint a director of ECZ to replace Dan Kalale, before the tripartite elections.

Asked whether or not she would implement the audit of ECZ, which was the centre of the controversy that led to hounding out of commission's chairperson Justice Florence Mumba last month, Justice Mambilima declined to answer, as acting director of ECZ, Priscilla Isaacs, chipped in, saying it would not be fair for Justice Mambilima to answer the question about the audit.

Asked if after workers hounded out Justice Mumba, she Mambilima felt scared that she might be treated in the same way, Justice Mambilima responded: “No, I don't feel scared. I have worked with those people before. We know each other.”

Meanwhile, President Banda swore-in retired justice Timothy Kabalata as chairperson of Anti Corruption Commission (ACC) and Judge Edward Musona as deputy chairperson of the Industrial Relations Court.

President Banda said Justice Kabalata, who was his schoolmate at Munali Secondary School many years ago, worked very well for the judiciary without a blemish.

Labels: MICHAEL SATA, RUPIAH BANDA, VOTERIGGING

posted by MrK @ 4:17 PM