The Electoral commission of Zambia (ECZ) has said that it wants to establish facts whether or not the Patriotic Front campaigned in Vubwi constituency before the by-election date has been set.
The opposition Movement for Multi-Party Democracy (MMD) has officially logged a complaint with the Electoral commission of Zambia regarding the weekend campaigns for the forth coming by-elections in Vubwi and Malambo constituencies.
ECZ Public Relations Manager, Chris Akufuna, told QFM News in a telephone interview that the commission is currently studying the contents of the letter from the MMD and will soon give its position regarding the action to be taken against the PF.
Mr. Akufuna said that the commission does not want to act on speculation but wants to deal with facts. He stated that the commission does not respond to hearsay.
President Michael Sata was in Vubwi on Saturday where he introduced the PF candidate in the forthcoming parliamentary by-election, Margaret Miti.
The Vubwi seat fell vacant after the Supreme Court nullified the election of MMD’s Eustachio Kazonga for electoral malpractices.
The by-election was set for January 7, 2014 but the Electoral Commission of Zambia (ECZ) last month postponed the filing of nominations and the subsequent polls pending the Supreme Court’s determination of the case involving Dr Kazonga’s eligibility to re-contest the seat.
Meanwhile, Lawyers representing former Zambezi West member of Parliament (MP) Charles Kakoma have asked the Supreme Court not to entertain Patriotic Front (PF) losing candidate Christabel Ndimu’s application to bar him from re-contesting the seat.
This is in a case in which Ms Ndimu and Vincent Mwale, the petitioner of former Vubwi member of Parliament Eustarckio Kazonga, have filed a notice of motion in the Supreme Court to invoke section 104 of the Electoral Act number 12 of 2006 which bars for five years any candidate found guilty of electoral malpractice from standing again.
The motion is intended to bar Mr Kakoma of the United Party for National Development (UPND) and the MMD’s Dr Kazonga from re-contesting their parliamentary seats.
In October this year, Mr Kakoma and Dr Kazonga had their parliamentary seats nullified by the Supreme Court on account that the duo’s elections in 2011 were marred with corruption.
When the matter came up for hearing yesterday, one of Mr Kakoma’s lawyers Martha Mushipe said the application should be dismissed because it is misconceived and wrongly filed in court.
“Section 9 of the Supreme Court Act which is now being cited by the appellant (Ms Ndimu) is improper and therefore the motion is procedurally improper before this court,” Ms Mushipe said.
Another lawyer Jack Mwiimbu said the motion to bar Mr Kakoma from re-contesting is misconceived and should be dismissed because Section 9 is not part of the case.
But Bonaventure Mutale, the lawyer representing Ms Ndimu, said the preliminary issue raised by Mr Kakoma’s lawyers is misplaced and urged the Supreme Court to bar the UPND spokesperson.
Mr Mutale said the preliminary issue on the cover page is an error which does not affect the main matter and can be corrected.
On Dr Kazonga, Mr Mutale said the court should give guidance on whether the former MMD parliamentarian is eligible to re-contest the seat.
Dr Kazonga’s lawyer Richard Lisita urged the court to dismiss the motion because it lacks merit and is misconceived.
The Supreme Court has reserved judgment in both cases.
Supreme Court judge Marvin Mwanamwambwa, on behalf of other Supreme Court justices, adjourned the cases to dates to be communicated to all parties.
Mr Justice Mwanamwambwa was sitting with Justice Hilda Chibomba, Muyinda Wanki, Gregory Phiri, Elizabeth Muyovwe, Florence Lengalenga and Evans Hamaundu.
Kodi mukunenanji pompa?
This man is supposed just to acknowledge the receipt of MMD letters, but waiting to take appropriate action by assuring the Zambians that ECZ does not allow such.
SImple.
Parties should be free to campaign anytime, anywhere except on election day. Whether there will be bye elections or not. Even for 2016, campaigns start now. Throw that law in the dustbin, it does not make sense that people should wait for ECZ to tell them when to start campaigning. Nonsense. What about UPND rally in Mandevu and Kabwata, wasn’t that campaigning?
Throw that law in the dustbin, it does not make sense that people should wait for ECZ to tell them when to start campaigning, it at all it exists. Parties should be free to campaign anytime, anywhere except on election day. Whether there will be bye elections or not. Even for 2016, campaigns start now.
Nullify the ECZ
Mr Akufuna, scared of losing your job , right Mr? The evidence is all over the show, Pictures MV TV footgage, ZNBC TV foottage, what is there to study?
Why not just say you are studying the consequencies of banning PF from constenting the elections since that is what the law demands. Stop this BUFI stuff of we are looking for facts. The facts are right there before your nose.
I couldn’t have said it better
Rule of law, is such a problematic phenomenon for PF. As for real they do not appreciate fully these issues and not aware of the potential problems which come with ignoring the rule of law for a nation.
What more facts do you need other than those provided by the complainant?
This is a case where I do not envy the positions of decision-makers in ECZ. This is a tough one in Africa but very easy in western democracies where the rule of law is real and there are no sacred cows or bulls.
With the AK behind him, it’s hard to tell if Mr. Shuma is preparing to run for office or summary execution.
Only in banana republics like zambia do you see such rule of autocratic numbskulls like Sata than rule of law thru institutions which are stronger than an individual.Its a no brainer that nations with more respect for rules tend to be richer.
Is that character kneeling a Developmental project that needed inspection?
we have too many fo-o-o-l-s in Zambia and that’s why the country is not progressing under sata. mps kneel when they need votes. afterwards they do nothing for the people and nurses who voted for them are dismissed. only f.o.o.ls can be deceived again and again.
WHAT FACTS DO YOU NEED TO ASCERTAIN?
WERE THOSE KNEELING FELLOWS IN CHURCH?
IF LIATO COULD GET AWAY WITH IT, WHY DO U WANT TO CALL PF TO ACCOUNT?
Dude naiwe act your age sometimes! What kind of logic is that from a grown man like you? So being objective is an alien phenomenon for you? Sata has done wrong which somehow you have acknowledged but you still defend his actions? What have they fed you people????
Next, I’m sure we can expect a statement from Chief Government Spokesperson Mwansa Kapeya saying there is nothing wrong with His Excellency Michael Chilufya Sata campaigning during national mourning and outside the official period. He will tell Qfm or other news agency that President Sata has an obligation to campaign so that PF can bring development to all parts of Zambia.
Right?
He may also tell the nation that the ECZ’s investigation is illegal and a clear sign the Commission is controlled by bitter elements of “some opposition parties”. Just wait for it.
vaupuba chabe…
Ati ali fukama ….. What a joke
ECZ is trying to establish facts. What foolishness is this surely? Cant you see the facts? Hopeless institution
Please we need roads in Kamwala South.We can’t drive there.Where is the chancellor for kamwala south and Lubinda. They have failed to tar two raods which were worked on in 2011 by MMD. MMD mananged to tar 1km each but PF has failed.People don’t know why kamwala south doesn’t have any tarred road.It is also so shameful to have such a chancellor who doesn’t resides there.I don’t think Mr. Sata(President) would allow those roads if He saw them.But Ba Lubinda and his handpicked counselor from Ibex hill are doing nothing about those two important roads(kamwala south and Break point road).It’s terrible to drive there.
@Kamwala South, You need a ‘councilor’.
You should also learn to vote for people from your area!! Look at Chawama now. Hon. Lungu is now working. I hope he does something about the road from Chawama-Jack-to Kamwala South because his house is there — and it is rough there. Better work on it unless you intend to migrate permanently when PF leaves office.
I THINK WE NEED TO DEFINE WHAT CAMPAIGNING MEANS. IS IT WRONG TO TELL PEOPLE WHAT YOU WILL DO FOR THEM WHEN VOTED INTO POWER? EVEN FOR THE 2016 GENERAL ELECTIONS IS IT WRONG FOR HH TO TELL THE ELECTORATE WHAT HE WILL DO FOR THEM ONCE VOTED INTO POWER TODAY? I THINK WHAT IS CRITICAL IS THE NUMBER OF DAYS REMAINING PRIOR TO THE VOTING DATE. HOWEVER IF WE HAVE TIED OURSELVES BY ENACTING A LAW THAT FORBIDS CAMPAIGNING UNTIL ECZ SAYS SO THEN THE PRESIDENT WAS WRONG. PERIOD
Chisenga …. the issue is about breaking the law. Could the MMD or UPND be allowed to do what the President and PF did in Vubwi?? Honestly, no. The police would have beaten them up, teargassed them and dispersed them. Leaders would have been arrested and charged and detained. We all know the recipe.
Now perhaps, bo Chisanga, you should advocate for an ammendment to the Electoral Act so that it becomes legal to do the good thing the President did in Vubwi.
WAKE UP CHISENGA ,THIS IS A SPECIAL CASE CHISENGA, IT IS A BY ELECTION , IT IS NOT 2016 GENERAL ELECTIONS.
TOOTHLESS ECZ WHEN IT COMES TO THE RULING PARTY MISDEEDS!!!!!!!!!!!!!!!!!!!!
@POMPWE. ATI VAUPUBA CHABE. YABA!
This will be easiest investigation by ECZ. WD just forward them that picture, investigation completed, next
ECZ, THIS IS THE TIME TO FIX THE PF AND SATA IF YOU HAVE NEVER FIXT THE PF AND SATA!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! FOR ITS MISDEEDS!!!!!!!!!!!