Search Results

Author: O’Brien Kaaba

Abstract

Elections allow people to select leaders and to hold those leaders accountable. But this can only be done in an environment that does not vitiate the people’s free will and choice and in a political environment that is not lopsided and free of violence, corruption and cheating. Once these vices assail an election, there is always a possibility that the election result does not reflect the will of the people. Those aggrieved may wish to seek redress. This chapter, therefore, looks at one form of redress, adjudication, available to a person aggrieved with presidential election results. The chapter sets out the legal framework for the adjudication of disputed presidential election results and then discusses how the courts have in concrete cases resolved the disputes.

In: Democracy and Electoral Politics in Zambia

The relationship between African Union (AU) and Regional Economic Communities (recs) frameworks, especially as it relates to the application of the principle of subsidiarity to intervention that aims to ensure strict adherence to democratic standards, is at the heart of this article. Although there exists a 2007 ‘Draft Protocol on the Relations Between the African Union and the Regional Economic Communities’, it is yet to be adopted, and more importantly, its provisions are ambiguous. The same problem of ambiguity applies to the 2008 ‘Memorandum of Understanding (mou) on Cooperation in the Area of Peace and Security Between the African Union, The Regional Economic Communities and the Coordinating Mechanism of The Regional Standby Brigades of Eastern Africa and Northern Africa’. The lack of a consistent approach to situations in Burundi, The Gambia and Zambia, has since raised the question of subsidiarity, or to put it more specifically, the vague articulation of the concept in the AU. In redressing this problem, the article provides some normative suggestions on how to ensure the effective application of the principle of subsidiarity in advancing democracy and good governance in Africa.

In: Global Journal of Comparative Law

Abstract

The legitimacy of elections cannot be separated from the competency, professionalism and independence of the institution administering them. In Zambia, the Electoral Commission of Zambia (ecz) is the institution entrusted by law with the administration of elections. The Constitution purports to establish it as an independent or autonomous body, detached from political considerations. This chapter, however, argues that the ecz, like many other institutions in the country, is beholden to the executive and lacks autonomy. To demonstrate this, the chapter discusses the historical foundation of the Commission, the establishment, composition, functions and powers of the Commission, as well as the financing of the Commission and its relations with key stakeholders such as opposition political parties, civil society and donors.

In: Democracy and Electoral Politics in Zambia
Democracy and Electoral Politics in Zambia aims to comprehend the current dynamics of Zambia’s democracy and to understand what was specific about the 2015/2016 election experience. While elections have been central to understanding Zambian politics over the last decade, the coverage they have received in the academic literature has been sparse. This book aims to fill that gap and give a more holistic account of contemporary Zambian electoral dynamics, by providing innovative analysis of political parties, mobilization methods, the constitutional framework, the motivations behind voters’ choices and the adjudication of electoral disputes by the judiciary. This book draws on insights and interviews, public opinion data and innovative surveys that aim to tell a rich and nuanced story about Zambia’s recent electoral history from a variety of disciplinary approaches.

Contributors include: Tinenenji Banda, Nicole Beardsworth, John Bwalya, Privilege Haang’andu, Erin Hern, Marja Hinfelaar, Dae Un Hong, O’Brien Kaaba, Robby Kapesa, Chanda Mfula, Jotham Momba, Biggie Joe Ndambwa, Muna Ndulo, Jeremy Seekings, Hangala Siachiwena, Sishuwa Sishuwa, Owen Sichone, Aaron Siwale, Michael Wahman.
In: Democracy and Electoral Politics in Zambia
In: Democracy and Electoral Politics in Zambia
In: Democracy and Electoral Politics in Zambia
In: Democracy and Electoral Politics in Zambia