Saturday, April 20, 2024

ECZ to carry out nomination exercise despite Attorney General’s appeal

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ECZ spokesperson Cris Akunfuna (L)

The Electoral Commission of Zambia (ECZ) will go ahead with conducting the filing in of nomination papers in Petauke Central, Malambo and Mulobezi constituencies next week despite government appealing against High Court decision to allow Dora Siliya, Maxwell Mwale and Hastings Sililo to re-contest the three seats.

The ECZ set Tuesday September 10 for filing in of nomination papers by interested candidates and September 26, 2013 for the by-elections in the three constituencies.
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ECZ Public relations Manager Cris Akufuna told ZANIS in Lusaka today that the commission remains committed to the programme which was announced some few days ago ahead of the three by-elections in Petauke Central, Mulobezi and Malambo constituencies respectively.

Mr. Akufuna said the ECZ was ready to conduct the exercise noting that all logistics were in place in readiness for the filing in of the nomination papers on Tuesday, September 10, 2013.

Yesterday, Attorney General Mumba Malila appealed against the High Court’s decision to allow former Petauke Central Member of Parliament (MP) Dora Siliya and two others to re-contest by-elections in three constituencies.

Mr. Malila, who is appealing against part of the judgment delivered by Judge Mungeni Mulenga on September 3, 2013 said the judge overstepped her boundaries when she issued a global order requiring ECZ to accept the nominations papers from Ms. Siliya, former Malambo MP Maxwell Mwale and former Mulobezi MP Hastings Sililo.

He has in his memorandum of appeal to the Supreme Court filed four grounds on which he is basing his arguments.

Mr. Malila said Ms. Justice Mulenga erred in law and fact when she held that Supreme Court judgments were binding on all parties including ECZ when she refused to give effect to the Supreme Court judgments which upheld the nullification or nullified the elections of Ms. Siliya, Mr. Mwale and Mr. Sililo to the National Assembly on the basis that the trio had been involved in corrupt or illegal practices.

He further said the lower court was wrong in law and fact when it held that ECZ was only mandated to act on the report issued under section 104 (6) of the Electoral Act number 12 of 2006 to take the action outlined in section 22 of the Act barring persons from contesting for any position for a period of five years.

Mr. Malila also argued that this was notwithstanding the fact that the law does not require the Supreme Court of Zambia to render a report to the ECZ upon its nullification of a seat on the basis of corrupt or illegal practices.

Additionally, Mr. Malila said the Judge was wrong in law and fact as she overstepped the boundaries of the case by issuing a global order requiring the ECZ to accept the trio’s nominations.

This he said was notwithstanding the fact that there were other criteria and qualifications other than participation in illegal and corrupt practices required for the acceptance of such nominations.

Ms. Justice Mulenga on Tuesday quashed the decision of the ECZ that purported to bar the trio from re-contesting their seats and ordered the electoral body to accept nomination papers from them on the date it would set.

42 COMMENTS

  1. Ba Akufuna these are dirty tricks, what happens to bena Dora and company after filing in nominations and then supreme court rules otherwise? Bola panshi guys

  2. Please accept the judgement! PF, are you afraid of the 3? If you are doing fine pipo will vote for you! I know Mkaika has made feel afraid.

  3. Sata’s leadership is failing the people of Zambia. these offices like Atornney General, DPP and Chief Justice were very respected but now it’s like CHINENA CHAKWA SILVIA MASEBO, no respect, it’sWinter Kabimba’s toys

  4. Mumba Malila is a JOKE. Please learn to be serious sometimes. What do you expect with such an incompetent Minister of Justice as your boss!!!! You equally are becoming Dull.

    Thanks ECZ, it’s time we became serious….

  5. If a gals/ladies private parts have been seen 8times by different men like SILVIA MASEBO’s ones, the private parts becomes public parts!

    • Comment according to the story at hand, insults will lead u no where. You are sinning before the Lord. You will have no blessings but cursing. We all know by now that PF means no good and these 3 seats once taken by opposition (as will be the case) PF will be no more.

  6. Yes please go ahead.I also don`t like the direction my party has taken to appeal. Appealing will not help us in any way.Let the corrupt chaps stand for goodness sake.

  7. Although it’s costing tax payers a lot of money to go through these elections, it’s entertaining to see PF being trashed and humiliated. I must say it takes a lot to push the patient people of the east to do what they are doing now to PF. My dear cousins, you have earned my pat on your beautiful backs. Now, repeat the same performance in Petauke. It’s time PF learned the lesson that arrogance is before the fall. Zambia deserves better.

  8. let the 1diots continue endorsing themselves, am sure zambians will not endorse 1diots. by the time the appeal case is head, the mps will have been elected with a landslide victory for the opposition. viva MMD, viva UPND, 2016 we need a new government of educated people not grade seven failures who only cherish violence as a means of attaining power

    • It makes one uneasy when one realises that once respectable professionals have turned into PF cadres as well. Dancing to the tune of the piper who has been paid by PF. For all who have followed the rulings of the acting CJ and now the antics of the AG, after Kabimba charged that PF was going to appeal the High Courts decision not withstanding the fact that PF was not party to the case, the Acting CJ should spare us the bother as we all know how this matter is going to end.

  9. A lesson well delivered, hopefully those with ears have heared and with eyes have seen. Politicking will take you no where but serious leadership is the only answer. Time is going, soon you will need endorsement from the Zambian people.

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  11. The UPND and the MMD should field new candidates in these constituencies unless they are very sure about the outcome of the appeal or they know something that we do no know in terms of the law. You do not want to end up in a situation where the other party candidate will go though unopposed. But again, why would the ECZ accept nominations from these candidates if there is a possibility that they can be disqualified?

  12. wont that amount to contempt of court if the ecz goes ahead while the matter is before the courts. What happens when the courts decides otherwise. This nation is being led by a very nice person, this wouldnt happen in the 4 past presidents.

  13. Dora and Maxwel must not be given a leeway to parliament again. This ECZ also wants to play some tricks. If an appeal has been made to the supreme court against the trio, will it not be in contempt to proceed with the nominations? OK, if indeed ECZ feels there is nothing wrong proceeding with nominations despite the appeal, let them compel MMD and UPND to adopt other people than Dora and Maxwel. These are corrupt individuals according to the supreme court ruling. Those of us who are allergic to corruption will be uncomfortable with rashes if they are adopted. Nevers and HH should not be worried about losing Petauke and Malambo. They will still get back these seats even if they adopt a hyena or an elephant

  14. Come what may….MMD is retaining the petauke central seat. Remember what happend in kapoche; professor Fashion Phiri,as a replacement to Nicholas Banda then, still pulled through and won the seat when almost all the so-called expert political analysts underated him.

  15. as long as there is no court injunction, nominations should go ahead, the outcome of the court process is non of ECZ ‘s baby

  16. As far as am concerned, the ECZ seems to be at crossroads again! Quiet right the organisation has tried to be impartial,but some of the officers are afraid of loosing their jobs but hey;the men and women at ECZ will soon be liberated.

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