In a controversial decision that left many shocked and confused, yesterday the Constitutional Court (ConCourt) judges ruled 3 to 2 that the opposition petition should be dismissed without hearing. This reversed the previous ruling on Friday night that gave the petitioners and the respondents two days each to present their arguments.
The ruling disregards the right to a fair hearing and leaves a huge rift unhealed, as the opposition party UPND and their candidate Hichilema were not allowed to make their case after a hotly contested election characterised by political violence, major curbs on media freedom and striking irregularities in the counting process. The opposition rejected the ruling and Hichilema mentioned yesterday that he might try to move the case to the High Court. The constitution however does not provide any other avenue beyond the ConCourt to challenge the presidential election results.
This leaves a legal and political void, because no due process has taken place to allow the two main parties to begin a process of reconciliation, and to reassure Zambians that a peaceful and democratic environment will be restored.
President Lungu has decided to press on with his systematic attack on the rule of law, and continued to put pressure on the ConCourt judges until they gave in. Lungu was not willing to let the law take its course. He is set on consolidating his grip over state power, and is showing no willingness to negotiate with anybody who disagrees with him, or represents different interests and views.
With the main independent media shut down, the opposition party silenced, and the constant threats sent by State House and the PF supporters in the streets, Zambians who have a different view of how politics should be run will not be able to voice their concerns freely and without fear. The uncertainty and instability that marked the last few months are only likely to increase.