The Foundation for Democratic Process (FODEP) says there is need to put a timeframe on when to dispose of electoral legal cases at the appeal level to facilitate the holding of such by-elections within reasonable time.
FODEP Executive Director MacDonald Chipenzi in a statement issued to QFM News said the current scenario is not impressive but a violation of human rights, undemocratic and injustice of the highest level.
Mr Chipenzi said the revelation by the Law Association of Zambia (LAZ) that Article 67(1) of the current constitution that demands the holding of by-elections in 90 days for an elective vacancy once due only applies to vacancies created by resignations and deaths and not court nullifications has exposed the deep weaknesses in the constitution.
He said the Article is an affront to the growth of Zambia’s representative and electoral democracy as it only takes care of the natural causes at the expenses of other causes like court nullifications, imprisonment and unsound mind of affected candidates whose determination is unending.
Mr Chipenzi said in spite of the Electoral Act putting the conclusion of electoral petitions at 180 days, appeals to the supreme court have taken too long to be disposed of hence the call by many stakeholders to establish an electoral tribunal to fast track the disposal of such cases.
He stated that Zambia cannot afford to go into 2016 tripartite elections and experience unprecedented electoral petitions which would take years to be disposed of by the courts of law again.
Mr Chipenzi further stated that it is FODEP’s observation that Articles 71 (3) and 72 of the current Constitution require serious scrutiny and review ahead of the 2016 elections.
He said that FODEP is of the strong view that a new constitution will be the bedrock on which to establish a credible electoral process and governance system in Zambia without which governance controversies in the country will continue to be the order of the day.
He said it is for this reason that Zambians should not relent in demanding for a new people driven constitution by 2016.
This Tonga ***** is a UPND vuvuzela.Period