High Court
THE ruling Patriotic Front (PF) has applied for Judicial Review in the Lusaka High Court to compel the Electoral Commission of Zambia (ECZ) to announce the date for a by-election in Kasama Central Constituency.

PF contends that the seat which was held by Mr Geoffrey Mwamba on a PF ticket was declared vacant and that there was no stay that had been granted to him by any Court in Zambia preventing the respondents from announcing the election date.

The party was also seeking a declaration that the decision of the respondents not to announce the date for a by-election was illegal as their actions were contrary to the provisions of Articles 67 and 71 of the Constitution.

In an application for Judicial Review filed by the party’s Secretary General Davies Chama says the Court should grant him leave to commence proceedings against ECZ and Attorney General because they have illegally refused or neglected to announce the by-election date.

“The respondent’s refusal to set a date is both unreasonable and prejudicial to the applicant as an interested party as the by-election by virtue of Article 67 of the Constitution must be held before October 22 this year,” he said.

Mr Chama said the respondents were mandated to announce the date for a by-election for the seat within 90 days from the date it fell vacant and that in an event that leave was granted, the Court should direct that the matter be heard expeditiously.

He stated that Kasama Central Constituency would effectively be without an elected Member of Parliament (MP) for more than 90 days to the detriment of not only the other interested political parties but also the constituents.

“ That failure by this Court to grant this application will perpetrate an injustice and illegality that could cause a serious constitutional crisis,” he said.

Mr Mwamba’s seat was declared vacant by the Speaker of the National Assembly Patrick Matibini after he publicly announced through the media that he had accepted the position of vice president in the opposition United Party for National Development (UPND) on July 22 this year.

The PF contended that Mr Mwamba’s decision to accept the position in another political party was an indication that he effectively became a member of that party.

He said he had been forced to seek Judicial Review due ECZ’s response in a letter he wrote to it requesting the commission to announce the date of a by-election in order to avert a constitutional crisis.

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23 COMMENTS

  1. Bachama the biggest problem is how to make sure that we have 60,000 registered voters in all PF strong holds. On 18 th we are praying for unity and reconcilation meaning GBM and Masebo can say sorry to PF and you can say sorrry to Tongas. . Lets avoid provocative activities during this period

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    • Lelo ba PF can talk about injustice for the people of Kasama, when owing to petitions by the PF the people of Petauke Central went without an MP for 1.5 years.

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    • Double standards. Useless Party. They waited in Petauke Central until Dora Changes Camps? Even if you winn come next year those seats will have other people. waste of resources. u have huge debt / costing of living sky rocketing with Kwacha on Free Fall yet you want By Elections?? Wrong timing…….

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    • What is with bye elections pa Zambia kanshi. I think every 3 months we have bye election. Money wasting like this gents sure. unbelievable.

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  2. chiwamila galu kuluma mbuzi…..Siamunene’s, Monde’s and Kafwaya’s seat must be declared vacant too. Don’t throw stones if you live a glass house and never play with candles in grass house

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  3. PEOPLE WHERE Z GBM AND MUCHELEKA?UPND MUST FIND A POSITION FOR MUCHELEKA U CANT MAKE HIM LOSE HIS SEAT AND FORGET HE EVER EXISTED THOUGH AM NOT HAPPY THAT PF AV GONE TO COURT TO FORCE ECZ TO CONDUCT A BY ELECTION AS FOR GBM ITS NT LATE SWALLOW YO PRIDE AND ASK PF FOR FORGIVENESS TO AVOID AN EMBARRASSMENT AND SERVE THE COSTLY BY ELECTION

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    • Mucheleka was an independent MP, who just sympathized with the UPND and was adopted by the party at the by-election.

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  4. Months later we are back to square 1 – I still contend that upnd should go pro-active and withdraw their “deputy Ministers” etc from government, the Status quo is such that the Country shouldn’t wait until next year for a General election – the Country is already on ist knees !! upnd, stop playing the reactive role vis-a-viz the Situation accruing on the ground right now !! MMD Chose “the hour” in 1991 – Foward bane, NOW !!

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  5. Thats PF ‘s only pre occupation. They are just interested in elections especially in Bemba Land. Force ECZ to declare Siamunene, Kafwaya, Monde,Muitu also. M/meal prices have shot up and someone is only interested in elections!!!! Let me rush to get my Votors card.

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  6. The case of Kasama seat is straightforward. GBM is wasting the people’s time and tax payers money with this case. He can simply choose where he belongs but obviously he does’nt care about the poor, who should benefit from the money now being spent by govt to pay lawyers to go to court.

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  7. This is all they have been doing since coming into office. It’s by election after by election. I wonder how much has been spent so far just on these elections. There are more pressing issues that the govt should be preoccupied with.

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  8. Ba GBM imwe sure

    PF is a club of like minded people
    and so is
    UPND
    MMD
    FDD
    etc

    When one resigns from the club, he/she hands over the keys. Period.
    Why resisting?

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  9. ECZ is presumed independent in their decision making with full legal knowledge in their execution of national duties. Any appeal from selfish individuals or party should be ignored. Zambians have been raped, cheated, dehuminised, harassed and shot and killed by PF government in their bid to win all parliamentary seats. Kasama constituency will not change an aota in terms of livelihood if by-elections are not held. The PF syndrome of wasting money on perceived obedience to law when people have no medicines in hospitals, civil servants and defence force personnel go without salaries creating hunger and suffering in the nation is lunacy and bad governance.

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  10. GBM will soon be parked just like the way Mucheleka has been silenced.It is not good to overate oneself and there is no one under the sun who is indispensable except God the creator.

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  11. The Head Kachema thinks he can bribe Zambians with his ill gotten money and lure Zambians to vote for him in 2016……now he thinks he does not even need God.It is easier for a Carmel to……..than a rich man to ………..

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  12. GBM YOU CLAIM TO BE POPULAR WHY ARE YOU SCARED???? JUST STAND ON UPND AND AND GET WASHED AND KOLOPAD

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  13. Trust in the Court of Law is a good atrting point. However, it is quite unlikely that PF is right and ECZ is wrong. The two need to dialogue for Good Governance to grow from strength to strength. The departure of GBM was rather sudden. It is better to exhaust channels available to avoid waste of time and resources. The appeal process started in a timely way. The main problem was rushing for by elections in a selective manner. The political parties need to develop tolerant and liberal attitudes in dealing with constituency matters.

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  14. Not normal to think like that in a sinking economy. HH and GBM have all they need. Even going to parliament wont mean anything to them. They do not depend on politics. They just want to serve the suffering majority.
    Cadres need these by-elections for their survival. Shame on you

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