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YALI writes to ECZ objecting to the Elections Timetable

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The Young African Leaders Initiative (YALI) has written to the Electoral Commision of Zambia (ECZ) requesting the organisation to bring forward the dates for filing of nominations to allow the processes to be completed in compliance with provisions of the Constitution of Zambia Act No. 2 of 2016 read together with the Constitution of Zambia.

In a statement released to the media, YALI President Andrew Ntewewe argued that there isn’t enough time for court processes to conclude in case there is a dispute arising from filling nominations as persons or candidates for Presidential elections and Parliamentary/Local Government Elections, correctly given 7 days to file in a challenge after close of nominations will only have, at most, 5 days to make their case and have courts and tribunals make a determination on matters arising there from.

Below is the full Letter

Attention: Chairperson – ECZ

Dear Madam,

OBJECTIONS TO 2016 ELECTIONS TIME TABLE

The Young African Leaders Initiative (YALI) is appealing to your office to revise the released election time table with a view to bringing forward the dates for filing of nominations to allow the processes to be completed in compliance with provisions of the Constitution of Zambia Act No. 2 of 2016 read together with the Constitution of Zambia.

We wish to draw your attention to Article 52 (5) of the Act which states as follows:

“The processes specified in clauses in clauses (1) to (4) (i.e. filing in of nomination, litigation challenging the nomination, rejection of nomination or acceptance of nomination by candidates, hearing of election petition, concluding of petition regarding nominations) shall be completed at least thirty days before a general election” set for August 11, 2016 (words in parentheses ours).

In effect, the Constitution requires that these process are completed by both your Commission and the Courts or Tribunals before July 12, 2016, which is at least thirty days before the general election.

Madam, it is clear from your timetable, that the closing day for filing in of nominations of presidential candidates is July 2, 2016 and June 29, 2016 as closing date for nominations for Parliamentary candidates and Mayors and Chairperson of Councils.

Nomination and Other Processes for Presidential Candidates

ECZ Proposed 2016 Elections Roadmap

YALI Proposed 2016 Elections Roadamp

Article

Date

Processes

Article

Date

Processes

81(3)

May 11

Parliament stands dissolved

81(3)

May 11

Parliament stands dissolved

May 16

Campaign Period begins

May 11

Campaign Period begins

52(1)

28 June to 2 July 2016

Opening and Closing Day for presidential nominations

52(1)

June10 to June 15

Opening and Closing Day for presidentialnominations

52 (4)

03 July 2016 to 09 July 2016

Filing of legal challenges against rejection of nomination or acceptance nomination

52 (4)

June 16 to June 22

Filing of legal challenges against rejection of nomination or acceptance nomination

52(4)

09 July to 13 July 2016

Hearing and completion of legal challenge

52(4)

June 23 to July 13

Hearing and completion of legal challenge

52(5)

July 13

Completion nominations and legal processes in Article 52 clauses (1) to (4)

52(5)

July 13

Completion nominations and legal processes in Article 52 clauses (1) to (4)

56 (1)

Aug. 11

General Election

56 (1)

Aug. 11

General Election

Nomination and Other Processes for Parliamentary and Local Government Election Candidates

81(3)

May 11

Parliament stands dissolved

81(3)

May 11

Parliament stands dissolved

May 16

Campaign Period begins

May 11

Campaign Period begins

52(1)

29 June 2016

Opening and Closing Day for NAE & LGE

52(1)

June 15 2016

Opening and Closing Day for NAE & LGE

52 (4)

30 June 2016 to 06 July 2016

Filing of legal challenges against rejection of nomination or acceptance nomination

52 (4)

June 15 to June 22

Filing of legal challenges against rejection of nomination or acceptance nomination

52(4)

07 July to 13 July 2016

Hearing and completion of legal challenge

52(4)

June 22 to July 13

Hearing and completion of legal challenge

52(5)

July 13

Completion nominations and legal processes in Article 52 clauses (1) to (4)

52(5)

July 13

Completion nominations and legal processes in Article 52 clauses (1) to (4)

56 (1)

Aug. 11

General Election

56 (1)

Aug. 11

General Election

Article 52 clause 4 gives aggrieved persons or presidential candidates 7 days to assemble their legal team and lodge a legal challenge as to the validity or otherwise, of a candidate’s nomination. In practice, this will be done between 3rd July 2016 and 9th July 2016, if we are to follow your timetable.

As per the same Article 54 (4), the Constitution allows the process of a court or tribunal hearing such a legal challenge within 21 days from the time it is lodged. Assuming the legal team files a legal challenge on behalf of a candidate or political party on July 9, 2016, a court or tribunal can only hear such a petition within 21 days starting from Sunday, 10th July 2016 to 30th July 2016 and the Constitution demands that all these processes should have been concluded at least 30 days before the general election.

You will thus note that under your proposed calendar, persons or candidates for Presidential elections and Parliamentary/Local Government Elections, correctly given 7 days to file in a challenge after close of nominations will only have, at most, 5 days to make their case and have courts and tribunals make a determination on matters arising therefrom. We believe the framers of the Constitution have duly provided adequate time of 30 days preceding the general election to have all these process concluded.

In view of the above, kindly see our proposed amendments to your calendar as contained in the table on pages 3 and 4:

Nomination and Other Processes for Presidential Candidates

We believe that our proposals would give adequate time for the courts, tribunals or Constitutional Court to attend to any litigation arising from the nomination process. Naturally, we expect government will take steps to ensure the legal framework to support these constitutional requirements are put in place as soon as possible, including the establishment of the Constitutional Court itself.

We therefore propose that ECZ takes into account the provided timelines for legal processes challenging rejection of nominations and concluding of such challenges by the courts.

We also hope that the next time your esteemed Commission (ECZ) calls for a stakeholders meeting, you will be kind enough to invite us to such future meetings.

Yours faithfully,

Andrew Ntewewe
YALI President
cc: Attorney General
Ministry of Justice

18 COMMENTS

  1. YALI makes much sense from the time they came on this process. It appears a Nthewewe has team of brains working behind him. This is what LAZ should have been doing.

  2. YALI is these days taken seriously because they don’t just yap. They may be wrong but just love the arguments they put up based on the law itself. Won’t be surprised if chaps like Chipenzi and his GC will attack them again

  3. That embarrassing moment when an opposition party takes office & Lungu is summoned by police & ACC to answer to all corruption charges
    Inspector General: Sorry bwana, I now answer to the new boss, uzakambila kusogolo

    Lungu: iwe Kanganja, just because am now opposition doesn’t make me incapable of taking you out…

    Inspector General: upanga nantonta? *slaps lungu on the cheeks*
    Moral of the story, amending POA is never too late, tables turn & it shall be used against you someday

    • Completely out of topic. And if it is meant to be a joke it is quite dry!! Find something else to bring on this forum comrade.

  4. As FDD member i agree with the wisdom from YALI. What happened with ECZ lawyers? They surely failed to read the law correctly? That’s real embarrassing

  5. Guys I just love the way u take your work seriously. How many people could ve surely seen this, esp at a time when the issue of Grade 12 Certificate may result in legal challenges

  6. YOU HAVE OPENED EYES OF POLITICAL PARTIES AND NOW LEAVE IT TO THEM TO USE BRAINS TO SEE WHAT YOU SAYING. WE DONT WANT PARTIES TO CRY WHEN THEY COULD HAVE ADDRESSED THIS PRETTY MUCH NOW. UPND, FDD, MMD, PF, EVERYONE WANTING TO CONTEST, WAKE UP NOW

  7. If Zambia had a Law Association with integrity and not political, they would have agreed u guys make sense than they do. They would agree you have contributed to this process of explaining laws better than them. It Zambia had a civil society that looks at the common good, they would have acknowledged and supported your good works. If ECZ had integrity, they would have thanked you so dearly. I always look forward to your positions. You a big source of info

    • The current LAZ is very irrelevant because it is has biased political interest in the country and is full of corrupt elements.

  8. How refreshing YALI! It leaves ECZ without a choice but to uphold the demands of the supreme law of the land. Indeed the constitutional court must be in place and hopefully the courts will be more efficient in dispensing with cases. Seems ECZ is trying to hide rotten fish for with all legal brains under its employ surely they’d be conversant with what YALI has pouted out. Take for instance PF litigation style involving large numbers the ECZ roadmap would disfranchise many aspiring candidates. I smell ulterior motive behind ECZ Elections Timeable

  9. Who gave a licence for this so called YALI to practice as an opposition party? u think us in ECZ dont have brains to come up with such dates, my friend we analysed all those tuma issues that you are talking about, do u think we just guess tuma dates, they all bassed through calculations otherwise thankyou for your contribution itshows that you did not read our posting but analyzed it as well , which is very rare of many zambians to do that.

  10. LAZ went to sleep, UPND went to sleep, MMD went to sleep, PF doesnt just care, ECZ lawyers went to sleep, FDD went to sleep etc. YALI job well done

  11. ntewewe u a dull chap and u think u can challenge the ECZ u cant jst follow the timetable and forget abt u propasal after all ECZ can not please everyone dull boy

  12. A constitution is one written for ordinary people to understand and be governed with and not for those lawyers at ECZ who I can predict will come up with their own defences but I agree with YALIS intepretation and understanding of the law. ECZ must be magnanimous enough to take into consideration the best advice ever given to them, devoid of the usual Zambian politics. Otherwise, if the opposition will also keep quiet and go with the ECZ timeline, let them know that this is a gimmick to remove most of their members from contesting elections because of petitions that won’t be concluded by the time of elections.

  13. UPND MPS AND COUNCILLORS ARE TARGETS OF THE SHORT ECZ TIMELINE. OPEN YOUR EYES GUYS OTHERWISE LUNGU IS BUSY CAMPAIGNING AND DISADVANTAGING UPND CANDIDATES USING ECZ IS A DONT KUBEBA STRATEGY. SO FALL FOR THIS TIME AND WAIT TO SEE RESULTS

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