THE Electoral Commission of Zambia (ECZ) says it can only disallow a person from participating in an election upon receiving evidence of a conviction on a corrupt or illegal practice from the registrar of the High Court.
ECZ director Priscilla Isaacs said the Commission can only bar a person from participating in an election when a report of corruption of that particular person has been furnished to the Commission by the registrar of the High Court in line with the provisions of Section 104 of the Electoral Act.
Mrs Isaacs said in an advertisement that up to date, ECZ has not received any report required by the law to enable it disallow someone from participating in an election.
“ECZ would like to clarify the concern raised by Transparency International Zambia (TIZ). This pertains to a letter written to the commission and media reports in which TIZ has stated that ECZ has remained silent in applying Section 22 of the Electoral Act of 2006.
“The section in question states that any person who is convicted of any corrupt practice or illegal practice or who is reportedly guilty of any corrupt practice or illegal practice by the High Court upon the trial of an election petition under this Act shall not be qualified for an election as member of the National Assembly for a period of five years from the date of conviction or of the report as the case maybe,” she said.
Mrs Isaacs said Section 22 should be read in tandem with Section 104 sub-sections 6, 7 and 8 of the Electoral Act, which prescribe the manner in which the High Court reports persons found guilty of illegal and corrupt practices.
“The registrar shall deliver a copy of every report prepared by the High Court under subsection 6 to the commission and Director of Public Prosecutions. The commission shall, soon as it receives the report under subsection 7 instruct an officer to prosecute any person stated in the report,” she said.
Mrs Isaacs urged all stakeholders to familiarise themselves with the provisions of the Electoral Act, Electoral Code of Conduct and other laws that govern the conduct of elections in the country before making accusations against ECZ.
Meanwhile, Open Society Foundation executive director Sunday Chanda has demanded that the registrar of the High Court should issue a comprehensive statement on the matter.
Mr Chanda said in a statement yesterday that failure by the registrar of the High Court to issue a statement on the matter will cast a dark cloud over the judiciary and will go to prove why reforms in the judiciary are needed.
“The judiciary is an important institution in upholding, among other things, electoral integrity and we find it unbelievable that to this date, the registrar of the High Court has remained mute,” Mr Chanda said.
He called on Acting Chief Justice Lombe Chibesakunda to instruct the registrar of the High Court to show respect for the law and issue a comprehensive statement on the matter.
There is no need for the Registrar to speak because people choose to ignore what is very clear. Isaacs has hit the nail on the head. Mr Chanda give us a break. Do not take politics to the respectable courts. We do not want anarchy and lawlessness everywhere
Evidence of conviction! I thought Masumba is more of a forgery tricksters who should be no we’re near the parliament than Dora Siliya who is yet to be convicted of anything so far? Michelo in Kalabo West won under UPND after the useless courts said there was evidence of bribery of the electorate but Pathetic Fo.ols kept quite. If I were Kabimba I would concentrate on piling up ARVs since they are in shortage than exposing my stup.idity and end up like another moron Sakeni or Sata.
Dear God,
Can you please open PF’s eyes to see that they are the ruling party?
We, your children understand that the vast ‘membership’ of PF comprises the youth and urbanite poor, and of course ‘Bembas’ (CB, Bushi, Luapula, etc). Please open PF’s eyes to see that Zambia is a VERY VERY big country that cannot be governed by a small collection of friends, relatives and churchmates (church being St Ignatius Lsk).
Father, open their eyes so that they may not see fear, but rather 14 million needy people. Open PF’s eyes to see that not everyone follows the Post. Let them also see that some of us “watched this movie” in 1990 – 2006 and are feeling sorry for Zambia.
Father, halt Mr Mmembe’s influence from making our ‘man of action’ seem weak and scared.
God…
Registrar of the High court to clarify what? Its like pushing an open door. The Law is very clear and Isaacs has elaborated very well: CONVICTION! That’s all.
Is this evidence of certain ‘extra terristrial’ forces really panicking?
“The section in question states that any person who is convicted of any corrupt practice or illegal practice or who is reportedly guilty of any corrupt practice or illegal practice by the High Court upon the trial of an election petition under this Act shall not be qualified for an election as member of the National Assembly for a period of five years from the date of conviction or of the report as the case maybe,” End of quote.
You have chosen to pick on “conviction” instead of looking at the law in totality. In the law in question there is “who is reportedly guilty of any corrupt practice or illegal practice by the High Court upon the trial of an election petition” all that is needed is a report from the registrar of the high court. The High Court cannot nullify elections if there…
@2.1 The Academician, Which of the candidate for the upcoming by-elections or indeed the recently held ones has been reportedly guilty or convicted of corruption? Declaration of an election as ‘nullified’ because of corrupt practices does not mean the ‘winner’ is reportedly guilty nor ‘convicted’ of corruption. Convicting someone of corruption or placing someone under the status of ‘reportedly guilty’ of corrupt practices takes prosecuting that someone in court and actually finding that someone guilty of corrupt practices before of law. i ask you again, which candidate has been found guilty of corruption by our courts? ECZ is so right!
@ 2 and 2.1
Unfortunately the Academician is right on this one and people need to be clear on the need for due process. The “trial of an election petition” refered to in the Act is the petitions of the election results similar to those that we have witnessed so far. The outcome of that (if it shown (reported guilty without ACC follow up) or proved (ACC followed up and CONVICTED)) should be REPORTED to the ECZ only if the candidate is shown or proved to have been involved or aware of the said corrupt activities. Reported guilty can mean that court is satisfied of the activities but remains with the ACC to procecute. Remember election petitions are not criminal cases but civil cases which require different levels of proof (civil is based on probability while criminal has to be beyond…
Continued….
Reasonable doubt. Therefore the High Court registrar need to report to the ECZ (and ACC) where the High Court is satisfied that a candidate was involved or fully aware of currupt activitie going on. If the report shows compelling evidence then the ACC should prosecute (criminal case) and the High Court registrar should inform (report) to the ECZ if the candidate is convicted. Those are the two distinctions between ‘reported guilty’ and ‘convicted’. As far as I am aware no one has ever been “convicted” and unsure whether or not there has been evidence of candidates ‘doing’ the acts or “knowing” of it happening. Nullifying results on corrupt activities does not necessary mean that the candidate took part in it or was aware and did nothing to stop it.
Dull “The Academician”, the registrar of the high court only reports on convictions passed by judgement in his court NOT HEARSAY bwana dullness!
I hear Wynter Kabimba and Edgar Lungu are Lawyers, moreover I hear Kabimba is SC. But why did they fail to interpret Articles and Clauses the way mrs Isaacs has done? And these Articles are so simple and clear, no need to be a Lawyer to understand them!
They both passed through Law school but are not Lawyers.
We keep asking how Hon. Wynter Kabimba SC can be a good lawyer when he propagates ignoring or even breaking the law. His arguments are always about MMD doing worse and “we don’t care what detractors (bitter opposition) think”. This issue is clear! Even the requirement by ZNBC to be fair in covering all parties is clear and simple but Hon. Kabimba SC says MMD did not let ZNBC operate independently so why should PF. Yaba!
Wynter Kabimba is not just dull but full of himself even when he’s worth nothing!!
Have resorted to change to another channel if he’s appearing.
On Fair Coverage on ZNBC, it’s not Kabimba to remind us of the MMD. That’s the major reason we removed them from Power in 2011.
But again moving forward, Politicians are not going to dictate to us on fair coverage on TV. Doesn’t matter which Party is in Power, fair coverage will still be there regardlessly.
Wynter has never won a court case. he is one of those dull lawyers around who passed due to leakage and Mwembeshi during exams.
Wynter is a cadre and fails to interpret simple laws. They are now targeting DORA and Maxwell for Fear of losing terribly. I shudder to think Wynter is our Justice Minister & SC
PF foolish losers.
Mrs Isaacs sounds more like a STATE COUNCIL than Kabimba
where is madam Chibesakunya? she should say something before we hear from Kabimba
you mean Chisebanyakunya?
tip and chanda want to be rewarded by pf,where wre they when masumba and mulambe stood for by elections mwanya mafi bafikala,leave ecz alone with its professional conduct.
Sunday Chanda indeed don’t take poverty politics to the courts. You its best to shut up when you nothing sensible to yap about my bro. We know how you arn your living but man even in sin there’s morality. Tekubosa fye
Kabimnba and Beerman Lungu.These perform the politics of IMMORALITY,since Pamafi Party has no morals.These are the effects of immoral leadership.They do things against reason and morality.
Well said Madam Issacs,you have really shown professionalism,not like Edgar Lungu and Kabimba who happen to be lawyers without any knowledge on the matter….shame!!!!!!!!what kind of lawyers are these??????
am sorry cant follow clearly, you mean when someone looses their seat due to corruption means they havent a conviction? thought its jast the reports which havent been submitted toECZ? what happens if the reports are deliverd? what else will she say?
ECZ should be given the powers to set up the dates for elections and the distribution of ballot papers only, the rest should be handled by the supreme court. how can you interpret one article by attaching the other. Isaacs is attaching 22 with 104
Imwe ba @ why are you complicating yourself,dont you realise its the same pf quarks who are forcing ECZ to act on the matter?????
Ba goodwell lungu shame on u,sunday chanda u ar such a dick,wynter and edgar wat kind of lawyers are guys who fail to interpret simple interpretations nowanda you have never won a case wynter i thot pipo were just sayn that coz of hatred but now i believe.are these pipo convicted criminals or they ar just accused?Leave ECZ alone dick heads and pls let the courts operate indeprendently dont drug them in your stupid and malicious plots of trickery and deception.ARE THERE NO PEOPLE IN PF WHO UNDERSTAND THE LAW AND ITS INTERPRETATIONS NOT THESE QUARKES OF MINISTERS AND GOLD AND JOB SEEKERS LIKE SUNDAY AND GOODWLL?
With immediate effect, you are: ECZ director Priscilla Isaacs SC. Summer Kabimba, “Bwana” its CONVICTION! not nullification only.
this is the problem when one gets aligned to a political. this case de goodwell lungu. small things that semingly are not going your party’s way will get you carried away even before you analyse them. look at how you just read one part of the provisions and ignored the rest. now you re being told to familiarise yourself, in short read and understand before you make unsubstantial allegations.
Wynter Kabimba has no Leg to stand on in the PF or in Government. He was not elected either at the PF Convention or dull the General Elections. His LIES to Sata have caught up with him.
Edgar Lungu and Wynter Kabimba will both be fired from Government. Mark my words, the reason they seem to be barking on anything. Empty Tins they say!!!!
Am requesting Winter Kabimba to resign on moral grounds, what a pathetic reasoning in him, a STATE COUNCIL Layer for that matter, this is …….., RESIGN, RESIGN NOW. …. You are a disgrace to the nation.
It is `COUNSEL` not `COUNCIL`. The spelling and meaning are different.
Its ‘ STATE COUNSEL’
Everytime Winter opens his mouth, only vile pronouncements make out of his mouth, and he does that for two things: firstly to massage his ego, hoping that many people will see him like he sees himself. Secondly, to earn himself a living even he it means giving up decency and morality.
When fortunes Evaporate like petrol this is what you get -press panic gear. The by-election project has hit serious taste- pipo power against it. They are searching for a saviour to resuscitate it. however, its too late. The solution is to do away with this expensive by-election project. You are failing to release funds for ministries because of your misplaced priorities. Your time is up . We are ready to vote for real change. Thou art weighed in the balances and art found wanting therefore your kingdom is taken away from thee, behold another kingdom is coming.
@FAITH OF OUR FATHERS.have u seen the writing on the wall?i can clearly see it.wel spoken
Assist me understand something, Dora Siliya won the case in the High Court so how will the Registrar issue a negative report on Dora Siliya? Is he suppose to issue it even on behalf of the Supreme Court or Madam chibesakunda’s team who saw it fit to nurrify the election must issue that report?
I have noted Mrs Isaac’s explanation and I also understand that those agreeing with her are probably opposition sympathisers that are frustrated by the ruling party conduct and performance so far. However, all things equal, I think the ECZ will do even better if they proactively followed up on all elections which are nullified, for whatever reason, including corruption. They would have administered this election, and are mandated to ensure that such an election is conducted in a “free and fair” manner. Any nullification therefore also questions their integrity as an institution. Any action (court or otherwise) which impacts on what they would have endorsed should logically “interest” to follow up in order for maintain their integrity. Zambians let rule of law prevail at all times.
@ Observer:
Do not twist facts. The law is very clear. The jurisdiction of the ECZ is very clear and there is no need to start lumping other responsibilities on the ECZ just because your party (PF) has been found wanting. From now going forward, it is not guaranteed that PF will win all the induced by-elections. This is what has brought the panic and the PF is hunting for excuses.
Let Winter stand in Kabwata or Lusaka central. PF is in trouble no wonder the boss is in hospital. The Kaponya on the streets has just realised these are bunch of commical crooks.
This explains why even in his own village, no one likes winter ; he has never won an election because his own people have rejected him may times over. so then how can he guide the nation when he is a reject, he cant. they say, charity begins at home.
Thanks Madam Isaacs. Thanks for your stance. The Law surrounding ECZ is clear and you have elaborated it so well that any person with a neutral mind would not bother politicking over clear matters. Thanks once again.
Iam personally tired of Winter. Whenever he opens his mouth he talks about what MMD did not do or whatever. To me that is not important. He should give us a plan how PF is going to deliver on their promises. We are not interested talking about MMD. They are not in government;PF is in government. I have got strong feeling PF is a good opposition party because they behave like one although they are in government
In all honest, what law can Summer promote? He is on record refusing to be interviewed by ACC. A sign that he, himself, does not respect the laws of the land. What standards or morals can he preach about. He should just go and campaign in Eastern Province and show that his party is still popular. What is there to fear about Dora and Mwale if PF is that popular
Academician @ 2.1. I hear you, but what you conveniently forget is that the court will even nullify an election on account of corruption undertaken by other actors like the supporters of the MP, and the Party and not necessarily the incumbent per se
So in law, how does the MP become criminally liable on a matter that he didn’t directly participate? That’s why after nullification, and if there’s evidence that the MP directly involved himself in corrupt activities,law enforcement can move in so that this evidence can be tested at court in the criminal trial. I think that would then be fair.
Summer go answer to ACC, then come back to champion the noble cause for high moral standing. For now sir, you are not the right person to champion this fight. Let Dora and Mwale participate in the democracy we earned from KK.
All this within 90 days.
By Lucky Mulusa – Solwezi Central Member of Parliament
The wrangling that is going on in the opposition party fraternity is an indication that Zambia is about to make a turn for the better but the ever alert devil is at work not to make it happen.
This fact can be noted from the events in which we are beginning to see reversals in the gains Zambia has achieved on many fronts especially in terms of our democracy and political maturity.
We have observed lately that the old order is refusing to give way to the new order:
1. This is happening in the PF where the party’s pre-occupation is to take Zambia back to the old days of one party state;
2. It is also happening where there seems to be the re-emergency of UNIP style of politics of insulting and assaulting elderly people;…
ECZ is just aUPND branch.
HAMIYANZE,its a pity you dont know wrong or right,no morals i think you were born from not a human being.
No need to be personal, I don’t want to insult back because I respect every parent and I take them as my own.
Observer, just go through what Madam Isaacs has elaborated or we will also cite you as a PF hard core cadre, ask yourself again why the same courts are very quiet including the Chief Justice who is a bululu to Sata who naturally is suppose to take the jackport, but to no avail. In Chipata we say ‘Nkoswe akankhala pamukate sapheka’ – meaning you can’t kill a rat when it is sitting on your dearest breakable possession or you risk breaking your possession. Let Edgar Lungu take that path he mentioned previously that they have handed Dora Siliya to ACC, let him and Winter wait until she is convicted as corrupt by the same supreme court in that she was found guity by the high court.
Help me with answers to these questions. It appears to me the law is ambigous.
(1) Why should the courts nullify the election of a candident who was not involved in malpractice?
(2) Who is guilty anyway of the malpractice? Is the candident or his agents? If the courts base their judgement on the law of agency, the acts of the agents are binding on the candident because the law considers the agent and the principal as one and the same.
(3) Otherwise if the candident were free from the malpractice of their agents the courts of law would not nullify the re-election.
candidate
this is what we need in zambia people who are brave and logic madam isaacs u hv done the nation a favour.
Stop insulting Hon Kabimba out of sheer jealousy.Kabimba is a very intelligent lawyer and he is adding alot of value to this country and of course to PF.If ECZ is serious,they are the ones who should have reminded the High Court to issue those reports.Since they appear to be pro opposition,they kept quiet but decided to speak loudest on Paramount Chief Mpezeni.Fellow Zambians,such double standards are unacceptable and are a recipe to anarchy.
so wat ar u telling us beta u js keep queit cos its like u dont knw wat u tokin abt.kabimba intelligent wer?who abrogated the rule of law is it ecz ,[pf o chief mpezeni?SHUT UP CADER
Inteligent? More like you. IQ of 80
You sound like winter chi-color
I HOPE PF IS NOT LOSING IT. THERE ARE MANY MPS UNDER PF, UPND, MMD WHO HAVE BEEN ALLOWED TO RE-CONTEST THEIR SEATS WITH A BACK-LOG OF CHARGES OF CORRUPT PRACTICES AND YET NO FINGER WAS RAISED. HOW COME NOW THE PF WANTS TO RAISE ITS FINGER? IF THIS WAS ALLOWED THEN , IT IS ONLY FAIR THAT IT SHOULD BE ALLOWED AGAIN. “WHAT IS GOOD FOR THE GENDER SHOULD BE GOOD FOR THE GOOSE AS WELL!!!”. COULD IT BE THAT PF IS AFRAID OF ANOTHER BASHING NEXT BY-ELECTIONS? I PERSONALLY DO NOT LIKE DORA SILIYA. BUT WE SHOULD NOT USE UNCOUTH MEANS TO BLOCK HER AND OTHERS FROM STANDING. PF IS STILL POPULAR, BUT LET THEM BE CAREFUL HOW THEY MANAGE THIS POPULARITY.
Candidates themselves also are duty bound to make truthful declarations concerning their innocence from electoral offenses. Where such convictions exist, then candidates exclude themselves on a technicality for at least one term of office. That is my understanding of concerns being raised by certain government leaders. It would be wrong to ignore these concerns because they are genuine. Condoning corrupt electioneering can not promote a democratic culture of free and fair elections.
Wht evidence u Isacs?A court ruling is clear testimony of corupt activity surpasing evry jurisdiction,it establishes a mandamus resolution as prior evidence.Twisting the law the hog of iwont help.Table evrythng clearly!
we know we are in a democracy,where even ECZ can choose to close there eyes to whatever happens in our courts of law.Forget about law,the bottom line ECZ are duty bound to scruitinise candidates and not the registrar.welcome to Zambia the land where democracy flows like the waters of Zambezi …………… These are the same so called legal minds who will without same stand and defend the ‘MAILONI BROTHERS………………. because the says so and so………………
Joe is right.ECZ should not just be waiting for reports but should take keen interest to rehearse with High court and demand for the same at the same speed they get concerned and speak out when PF allegedly makes a mistake.Impartiality is very cardinal for ECZ to be viewed as a credible institution in the country by all stakeholders.The wise counsel by Hon Kabimba should be taken seriously.
Atase! live the Bembas out of this imwe ba kolwe! You cant just debate without mention us the Bembas! why did they nullify the Elections if there was no corruption involved? You are really haunted by this tribe tefyo? just put your acts together and win an election. Lets see who is powerful! 2016 is coming lets see who is who if thats what you want.
Isaacs, you dont even understand what you are saying. Lets challenge this in court and see how far this goes.
This ECZ has some blood of MMD? During the Chanda Chimba widely condmned adverts they were quiet.
I never head anything from them. May be there is true democracy under PF now.
@kavuyi I totally agree with you, 100%
Mwe ma cadres ichisungu alembele na isaacs nganacipita mwalanda twachita explain ok whether max and Dora don’t stand u r not getting those seats your dull state counsel has messed up everything don’t easterners are stupid stop persercuting RB.
Does it mean that this part of law was ommitted from kabimba’s syllabus, what a minister of injustice!!!!!!!!!!!!!!
General Miyanda may be right but what we should not forget is that each political party (Heritage Party included) strives to get into power so that its members that bear this terrible tag of “CADRES” can occupy the various key positions including that of Justice. In my view the opposition political parties will never want the ruling party to continue doing things they would want them to do because doing so would imply perpetuating their stay in opposition.
They must be proud that the ruling party is making mistakes and that is the reason the General published his letter so that the public could see that he has written the Republic President and that is understandable and thanx anyway but stop talking about this issue of “CADRE” – which party would not use its cadres ba General.