Wednesday, June 19, 2024

Electoral Commission of Zambia responds to TIZ and PF queries on section 22 of the Electoral Act

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Electoral Commission of Zambia
Electoral Commission of Zambia

The Electoral Commission of Zambia (ECZ) has refuted assertions by Transparency International Zambia (TIZ) suggesting that it has remained silent on the application of section 22 of the Electoral Act of 2006.

Section 22 of the Electoral Act of 2006 states that an aspiring candidate convicted of any corrupt practice or illegal practice or who is reported guilty of any corrupt practice as determined by the Supreme or High Courts shall not be qualified for election as a member of the national assembly.

In statement released to the media, ECZ acting public relations manager Sylvia Bwalya has contended that the commission can only disallow a person from participating in an election upon evidence on a corrupt or illegal practice or report provide by the Registrar of the High Court in terms of provisions of section 104 of the Electoral Act.

Ms. Bwalya has disclosed that to date the commission has not received such reports as required by the law to stop any individual from participating in an election after being found guilt of having engaged corruption arising from a nullification of a Parliamentary seat.

Ms. Bwalya has urged stakeholders with interest in the country’s electoral system to familiarize themselves with the provisions of the Electoral Act, Electoral code of conduct and other laws that govern the country’s electoral system before making accusations against the ECZ.

Ms. Bwalya has affirmed that the ECZ is also open to clarify an issue concerning the country’s electoral system to any stakeholders in the country.

The ECZ acting public relations manager has described as unfortunate that the TIZ, which is a member of the National Voter Education Committee and that of the National Conflict Management Committee, can engage the ECZ in the media on an issue that could have been directly dealt with commission.

84 COMMENTS

  1. thank you i needed clarification on that. So TIZ is like Wynter Kabimba, can not interpret the Law.

    • I’m convinced beyond doubt that Winter (mature spelling) has been told by H.E. the President and perhaps also by Storella that he is next in line as Head of State.

      He’s exhibiting the exact same behaviour as Mpombo, Mulongoti and Sylvia were in 2008.

      Thanks ECZ for coming out strong on these issues. Unfortunately, regrettably, ba Winter will ‘take’ your jobs away and you’ll forever be referred to as victims.

      Welcome to the club my dear(s).

    • Storella has got absolutely no interest in Zambia. America actually has no strategic interests in Zambia. Educated people must not believe in conspiracy.

    • Elias Munshya’s Well evidenced, much thoughtful analysis and the legal mind of Kabimba is in contempt , must be cited for putting ECZ in public disrepute when in fact as a senior govt officer. It’s clear there are conditions to be met when the High Court provides to the ECZ a report pursuant to Section 104 of the Electoral Act 2006. Section 104 (6) and (7) of the Electoral Act 2006.

      Read (6) and (7), Indeed, Winter Kabimba is incompetence Justice Minister not worthy that office; he’s the one standing on porous soil. Slowly sinking the PF……….
      The earlier PF fires Winter Kabimba and distances itself from Fred Mmembe –Mutembo Nchito the better!! These 3 are a menace to PF.

      Source; http://eliasmunshya.org/2013/08/01/doras-catch-22-why-ecz-is-right-about-s-22-of-the-electoral-act

    • Elias Munshya’s Well evidenced, much thoughtful analysis .The legal mind of Kabimba is in contempt, must be cited for putting ECZ in public disrepute. It’s clear there are conditions to be met when the High Court provides to the ECZ a report pursuant to Section 104 of the Electoral Act 2006. Section 104 (6) and (7) of the Electoral Act 2006. Read (6) and (7), Indeed, Winter Kabimba is incompetence Justice Minister not worthy that office; he’s the one standing on porous soil. Slowly sinking the PF.
      The earlier PF fires Winter Kabimba and distances itself from Fred Mmembe –Mutembo Nchito the better!! These 3 are a menace to PF.
      In fact as a senior govt officer, how can he lead legal or judicial reforms when he is out of touch with the law? No wonder the Constitutional reforms are STUCK!

  2. In statement released to the media, ECZ acting public relations manager Sylvia Bwalya has contended that the commission can only disallow a person from participating in an election upon evidence on a corrupt or illegal practice or report provide by the Registrar of the High Court in terms of provisions of section 104 of the Electoral Act.
    It is this simple.Can the courts provide the ruling plse.

    • Most of these rulings do not find the individual MP wanting but rather discredit the campaign conduct, which may have been instigated by his party and cadres and not necessarily him/ her in their individual capacity. In literal sense, these Acts and their Caps in their Chapters are but a hollow system, through which the cunning may at will resort to alternative interpretation of the verdict other than the obvious. Most Zambian laws have loop holes, that’s why we have the most sophisticated criminals living freely through alternative interpretations!
      That’s why in almost all appeal cases, the defence cites “that the Judge/Mgistrate erred at Law by…”. Dualism…

  3. OK , we have heard, so the problem is with the high and supreme courts. Why have they not written to the ECZ concerning the corrupt MPs? We wait to hear more from the two courts.

    Peace and Prosperity to Mother Zambia.

    • @truth hates
      You have to realise that there are several factors that can lead to an election result being nullified. And sometimes the alleged malpractice does not have to be done by the candidate to nullify the result. If there is no evidence of a candidates involvement or knowledge of CORRUPT practices then the High Court registrar does not need to send the report. Violence that errupts a few times and is relied upon when challenging election results is an example. So let’s not work on the assumption that every seat nullified means the MP has been found to have been involved or allowed corruption to be applied for his benefit. However where this is the case the registrar should make reports to the ECZ and not the ECZ making decisions based on media reports.

    • its not only about being convicted..its also about being found guilty..when the court makes a ruling it means there is evidence..if yo argument is that corruption could have been excuted by cadres…on behalf of who?

  4. Do you have to wait for a report from the Registrar of High court really for you to act ? I thought it was also the duty of ECZ to make a follow up on such issues and interpret the law.

    • Mr. D, it’s perfectly simple – the courts interpret the law, parliament makes the law, and the executive (supposedly) implements the law. That is that.

      Agencies like ECZ do not get to “interpret” the law….. neither do cadres. Both have to follow the law (i.e. the Electoral ACT and all of its provisions passed by parliament).

    • It’s not the job of the ECZ to interprate the law. It is the duty of the courts to interprate the law. Which school did you go to?

  5. The boat is sinking and now PF is catching on anything to survive…

    The reality is that they is nothing or no substance PF can now campaign on to win people. The boat has run its course and since it never had any substance, it run out of steam… the next two years will be extremely hard for PF as people start jumping the ship.

    2016 will be sweet

  6. Very professional ECZ. We do not act on hearsay, where is the court rulling/evidence/report from the High Court/Supreme Court Registrar saying one is guilty of such an accusation, then we will disallow them period!

    It’s so folly for TIZ to bring this in the media, true, because now, TIZ will want to respond to this so that they don’t seem to have been defeated then it will be a none stop CHO-CHISE between TIZ and ECZ like they are the rulling and opposition parties!

    Come on guys be professional. TIZ, do not respond to this in the media, communicate between your offices without involving the media pleeeeease! be professional, you are not unlearned politicians/cadres!

    • which being professional?…expect constitutional crisis which will be worse than what we re talking here…ECZ has not defended anything but has thrown the ball to the court…lets wait and see!

  7. Good one! Very good response. Always wait for Registrar of the High Court to inform you to that effect and don’t take it upon yourself as its outside your jurisdiction and mandate to bar an individual but solely in the hands of the courts and your subsquent notification to that effect. Though, its a known fact, that someone was sleeping on duty to let this serious lapse pass. For now and subsequently let it come into effect. Real politics has started in Zambia now. Merit is on the increase and midiocrity is on the wane. Political natural selection is coming into play. Aluta continua ………

    • Yes, somebody was sleeping on duty. However the law must be followed this time around. It was a serious lapse to continue allowing people that were guilty of electoral malpractice to continue re-contesting elections without being punished.

  8. HIGH COURT AND SUPREME COURT SHOULD DO THEIR ASSIGNMENTS. CORRUPT PEOPLE SHOULD NOT BE ALLOWED TO BOUNCE BACK INTO LEADERSHIP.

    • Let them start with the DPP Nchito who has a court case,lied to parliament under oath,lied to Zambians that they had overwhelming against our former president Rupiah Banda,hired a malawian judge to waste tax payers monies so their case is discharged from the courts…..the list is endless.But the rot at the top must be chopped of.the stench is fast becoming offensive to the Zambian nostrils

    • what PF needs is to put an engine on that boat. The guys are tired of puddling. GS did you not bring one from Korea

  9. this bit.ch hasn’t explained to my understanding, and why are you conducting those by-elections ECZ? the thing you don’t know electral act in details, these need to be fired and replaced with those who are familiar with the laws.

    public relations with a diploma from NIPA, atase!!

  10. Oh am sure with the chief Justice and ACC being bank rolled by PF the case against Dora will with breakneck speed be taken through the courts so they can bar her from contesting.It must be sad belonging to such a confused political party. Zambia will celebrate the day PF is buried 6 feet under.

  11. Looks like the experimental drug called ‘Diminish Brain Capacity to PF Level – .0000001%’ is working perfectly on the chosen test subjects i.e. Mr. Washington above and also the TIZ. 🙂

  12. There too many kids on here who do not understand politics proper. There’s absolutely no chance that a ruling party in Africa can lose power after just one term. Those of us who are old enough would remember 2001 and 2006 elections, so stop cheating yourselves that UPND stand even a slightest chance of forming Government anytime soon.
    PF on the other hand should stop taking the massive support they enjoy on C/belt, NP, LP and Muchinga for granted they need to make their supporters happy for once by taking development to these areas and less of this nonsense of appeasing people that will never vote for them.
    This is a timely warning ‘a pig will always be a pig’ you can appoint it as deputy minister but it will still remain a pig.

    • In your dreams… massive support in CB, Muchinga, NP ,LP you call a by-election in those provinces and you will see…

      What you forget is that this is not 2001 or 2006. The population dynamics of Zambia has changed. Old people like you are getting extinct. Zambia has become a young nation and no lie can live forever… watch this space

  13. Am really shocked.Does really PamaFi(PF) regard any Law?These hypocrits should be the last ones to refer to any Law,which themselves don’t obey.They defy Court Orders,Lombe Chibesakunmda is there illegally,DBZ saga etc,the list of abuses is endless.Power Failure(PF) is making the last kicks of a dying horse.Sorry William.

  14. The nationis now waking. PF lacks intellectual capacity. Failure is their trademark . Pathetic Failures.

  15. I seem to understand this issue differently. May b da question would be, on what basis and grounds were the seats nullified? If da answer is electoral malpractice, deception and corruption then TIZ has a point in this case. However, reference can b made here to what happened to mulobezi seat when micheal mabenga was found wanting by da courts of law. Did he recontest da seat?

    • Mabenga did not recontest the seat because he was found guilty – and not through election petition alone. My understanding is that there has to be a judgement pronounced on someone as guilty for this to hold otherwise mere nullification of a seat does not directly imply one is guilty. This is why I believe recently ACC was called on after Dora’s case to probe her – in a bid to put the guilty tag on her.

      Funny law but the ECZ should be clear in this. Priscilla Isaacs the Director of ACC was a bit more clear on this yeseterday aside the statement by Sylvia.

    • The court’s ruling was specific in the case of Mabenga. The court explicitly indicated in its judgement that Mabenga was involved in corrupt practices and therefore must not be allowed to contest for elections. I’ve not seen this in the case of Dora, Mutolo or Mwale

  16. PaFiMenshi (PF) is a group of retards and adulterous people.

    SATA, Kambwili, Musukwa Richard, Masebo, Wynter. If any of the six above refute.

    I will unleash the data I have. With names of their women. be warned and don’t play games. This is real.

    • You make me laugh, you seem to have old data that we are tired with and you sound so enthusiastic like you have breaking news. That’s no longer a case pa zed they would rather send to jail for two years a prostitute and journalist. Read the animal farm to understand why the guys you mentioned above are “entitled ” to adulterous. Just delete and discard your data mate.

  17. In other words, TIZ is talking about Gabriel Namulambe(stood & won on PF ticket still facing theft cases but innocent until proven guilty), Steven Masumba(stood & won on PF ticket despite having been found with a case to answer by the High Court for forgery), Richard Taima(recruited by PF despite facing corruption cases but still innocent until proven guilty), Maxwell Mwale(has joined UPND but his seat was nullified and was not convicted, meaning he is innocent) and Dora Siliya her seat was nullified but was NOT convicted meaning she is innocent.

  18. I thought for the court to nullify the seat it means there is enough evidence of corruption? Now what is this ECZ is telling us??

  19. @ spuds

    i have never and its not befitting for me to coment on any headlines on ZWD.

    ECZ wants the supreme court or the high court to interpret their electral acts, mwale was draged to court because of corruption involving bicycles , the court saw it fit to nullify the seat and today am told by ECZ it was not corruption but something related to that or there was violence.

  20. TIZ’s observation still remain valid…and to the point..there is no defence given by ECZ…as far as it shud be when court nullifies ECZ shud be notified how then do they conduct bye election…here its just the question of luckof communication between the court and ECZ…read the statement again ECZ sees a problem here and they have thrown the ball to the High and Supreme court…we will get final results soon!

  21. WAY TO GO ECZ, SILENCE THEM AND SHOW THEM YOU ARE PROFESSIONALS. UNLIKE THE POLICE AND OTHER PUBLIC OFFICES. I GIVE PRIDE TO EGYPTIAN MILITARY AND POLICE, THEY ARE BETTER THAN OUR ZAMBIAN SERVICES WHO ALIGN THEMSELVES WITH THE PARTY IN POWER. ECZ BREAK THIS CULTURE AND DO YOUR WORK DILIGENTLY THAN BEING INFLUENCED BY PF. WELL DONE & THUMBS UP.

  22. May the Chairperson of ECZ answer my two questions,How did the commission set the date for the bye elections for Chipata central constituency of chipata District. In event that the High court submit what is required in Act 104 ,what would the do to the elected MP.

    It is evident that our learned judges had gone to sleep have awakened by the revelation from the ITZ. The clarification given by the ECZ is fake they think Zambians are dull they are just playing monkey tricks at the of the day the blame will come to ECZ for wasting tax payees money and resources.

  23. remember Mabenga’s nullification? The Supreme court ruled that he be prosecuted. in other words, the interpreted the law. unfortunately, Kabimba can’t guide his illiterate boss on this.

  24. The boat yaliuma iceberg but the captain is saying dont kubeba while the passengers are saying bufi. I AM HAPPY FOR DORA HAS AN OPPORTUNITY TO DEFEND HER SEAT. WE ARE AWARE FROM THE FAILED TRIBUNAL THAT BA SATA HAS BEEN TRYING TO FINISH DORA. Eboat lyaibila! U can’t deceive all. What you meant to do is working against you and are now wishing there were no more bye elections.

  25. The chaps are just scared of losing. I assure you MMD will get Petauke and Mkaika whilst UPND will get Mulobezi and Malambo. Ninshi Pa Fwaka(PF) or is it Pa Fishimu (PF) yaluka (4 -0) bakamba.

  26. Pf, PF, pF concentrate on promises you made to us than resorting to unnecessary by elections and political gimmicks. Time is ticking and soon you will be out of office and the end might be painful

  27. Most of us knew that PF and Wynter Kabimba were wrong. Most good lawyers do not become Town clerks or join Legal Aid.

  28. Zambians are pretty easy to fool, all you need is to select the right dosage of medicine, it will pull through.

  29. The biggest problem our country faces is the failure by PF Minions to interpret the law. Added to that, the failure by MCS to respect the Zambian Constitution which he swore to protect gives all these PF thugs like Kamba and Judge Ngoma added impetus to completely fail to interpret the law. Which part of the ECZ explanation Kennedy Kamba and TIZ can’t understand baffles my mind.

  30. Section 104 (Conclusion of trial of election petition) of the Electoral Act. No. 12 of 2006, in particular sub-section 6, states:
    (6) Where it appears to the High Court upon the trial of an election petition that any corrupt practice or illegal practice has been committed by any person in connection with the election to which the election petition relates, the High Court shall, at the conclusion of the proceedings, prepare a report stating—
    (a) the evidence given in the proceedings in respect of the corrupt practice or illegal practice;
    (b) the names and particulars of any person by whom the corrupt practice or illegal practice was, in the opinion of the Court, committed:

  31. Provided that the Court shall not state the name of any person under this paragraph unless the person has been given an opportunity of appearing before the Court and of showing cause why that person’s name should not be so stated.

    (7) The Registrar shall deliver a copy of every report prepared by the High Court under subsection (6) to—
    (a) the Commission; and
    (b) the Director of Public Prosecutions.
    (8) The Commission shall, as soon as it receives the report under subsection (7), instruct an officer to prosecute any person stated in the report.

  32. The high/supreme court send judgement to mr speaker,mr speaker declares seat vacant and asks ecz to conduct bye election.

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