Shalala Says Presidential Petition Cannot Be Filed by Email

UPND Consultant Says Private Email to Chief Justice Does Not Meet Court Filing Requirements

UPND consultant Oliver Shalala Sepiso has argued that a presidential election petition cannot be validly filed or served by sending documents to the Chief Justice’s personal email address.

Shalala said presidential election petitions must be formally lodged through the Constitutional Court Registry or other authorised court filing channels established by law.

He Says Court Procedures Must Be Followed

According to Shalala, court rules require specific administrative procedures before a petition can be recognised as properly filed.

He said these procedures include official registration of the documents and payment of the prescribed court fees.

“A presidential election petition cannot be validly filed or served by sending it to the Chief Justice’s personal or private email address,” Shalala said.

Shalala Questions Private Email Filing

The UPND consultant argued that sending legal documents directly to a judge’s or Chief Justice’s private inbox bypasses the court registrar and does not provide the formal recognition required for an official court filing.

He further said personal email accounts may not provide the same level of tracking, logging, monitoring and proof of receipt required when dealing with constitutional matters that are subject to strict deadlines.

Court Closure Does Not Automatically Change Filing Rules

Shalala also addressed circumstances where physical access to court premises may be disrupted or temporarily suspended.

He argued that such circumstances do not automatically make informal filing through a private email address legally compliant unless the court itself has authorised that method.

“Even when physical court access is disrupted or closed, informal transmission to a personal email does not automatically cure non-compliance with mandatory statutory filing procedures,” he said.

Questions Jurisdiction of the Chief Justice

Shalala further argued that presidential election petitions fall under the jurisdiction of the Constitutional Court, which has its own President.

He therefore questioned the decision to send such documents directly to the Chief Justice rather than following the established Constitutional Court filing process.

His comments come amid a wider political and legal debate over the filing of election-related petitions following Zambia’s 2026 General Election.

Warns Against Informal Filing Methods

Shalala warned that allowing constitutional petitions to be submitted through unofficial channels could create confusion over what constitutes a valid filing.

“Left unchecked, next time we shall hear someone filing by WhatsApp, Facebook etc,” he said.

The question of whether a particular election petition has been validly filed, however, ultimately rests with the competent court and the applicable constitutional and procedural rules.