ZAMBIA: Mwanawasa faces legal challenge to his election

Photo: IRIN

Zambian President Levy Mwanawasa

LUSAKA, 15 November 2002 (IRIN) - Allegations of vote-buying and irregular campaign financing have emerged in a court case challenging the legality of President Levy Mwanawasa's election victory. The Zambian Supreme Court, hearing an election petition by the three main opposition parties which began in September, opened this week with the testimony of top members of the ruling Movement for Multiparty Democracy (MMD) who served under former President Frederick Chiluba. Analysts believe their evidence was damaging to Mwanawasa and, some are convinced, could lead to an unprecedented presidential election re-run. The European Union (EU), the Atlanta-based Carter Centre and two influential local election monitors - Coalition 2001 and the Foundation for a Democratic Process (FODED) - had all declared that last year's poll did not reflect the view of the Zambian electorate. Their evidence was also presented to the court. But the most damaging evidence so far has come from Michael Sata, one of Chiluba's close associates and former ruling party chief executive. This week, Sata told a full bench of nine Supreme Court judges that Mwanawasa was paid a weekly "entertainment allowance" of Kwacha 150 million (about US $31,900) from the state treasury. The money was paid to Mwanawasa between August, when he was nominated as Chiluba's successor, and December. Under Zambian law it is an electoral offence to use taxpayers' money to finance political party activity, the penalty for which would be the nullification of the result of the particular election under question. Sata also revealed how he participated in using state money to purchase vehicles to be used for the campaigns of all 150 parliamentary candidates fielded by the MMD in legislative elections. This was the first confirmation from an MMD insider of electoral malpractices that have been alleged by the opposition and independent monitors. Also this week the former chief government spokesman and Minister of Information and Broadcasting, Vernon Mwaanga, told the Supreme Court that the ruling party bought hundreds of tonnes of maize from South Africa which they later distributed in provinces where Mwanawasa got most of his votes, an action tantamount to vote buying. "With these revelations coming from the people who worked closely with Mwanawasa prior to the polls, it is clear that Mwanawasa has a lot to worry about and they give an indication of which way the petition may swing," said Ngande Mwanajiti, chairman of Coalition 2001. "These witnesses are as high as one can get from the inside," said a lawyer close to the case who wished to remain anonymous. "There is no way Mwanawasa will come out of this unscathed," he predicted. Perhaps reading the same signs, Mwanawasa has recently been on road shows throughout the country, heightening speculation that he does not want to be caught napping politically should the Supreme Court nullify his election. The opposition, led by Anderson Mazoka of the United Party for National Development (UPND), the man widely believed to have won last December's presidential poll, have not been idle either. They too have begun campaigning once more throughout the country. Mwanawasa has said that he would step down "gracefully" should the court nullify his election. But not everyone is convinced of this, said Fred Mutesa, an analyst from the University of Zambia's Department of Development Studies. "This is an African country, anything can happen between now and the time the judges make their final decision. I would rather adopt a wait-and-see attitude because Africa is full of surprises ... wrong can be right and right can be wrong," he added.