Friday, March 29, 2024

Dr Phiri takes his disqualification issues to Constitution Court

Share

Dr JOHN PHIRI
Dr JOHN PHIRI

THE ELECTORAL Commission of Zambia (ECZ) is playing double standards when it refused to accept General Education Minister, John Phiri’s nomination papers because of being late when the same commission received and processed nomination papers from the opposition United Party for National Development candidate Cornelius Mweetwa who filed after the 15:00 hours deadline in Choma constituency.

This is Dr Phiri’s argument in a petition he has filed for the restoration of the court action in the Constitution Court against ECZ.

He has said while the matter in Choma was resolved administratively, his situation remained unchanged as his nomination papers for Lundazi Central constituency remained rejected.

Last week, Dr Phiri commenced legal action against the ECZ for refusing to receive and process his nomination papers for the Lundazi seat because he was out of time, but withdrew the law suit immediately after lodging it.

“That I commenced these proceedings in this matter and was persuaded by the fact that the matter would have been resolved administratively.

“That I am surprised the respondents have refused to review my situation administratively despite the assurance that once the matter is withdrawn, they will attend to it,” he said.

Dr Phiri explained that his rights were being violated and that he was being discriminated against because he was a Cabinet minister.

He explained that while the ECZ returning officer in Lundazi Central refused to accept and process his nomination papers, his colleague in Choma Central constituency reopened the nomination centre to allow the UPND candidate to file in and processed his papers.

Dr Phiri said the returning office in Lundazi was under instructions from the ECZ director who insisted that the centre should not reopen.

“That I am advised that the Electoral Commission of Zambia must act judiciously and fairly and that the rules must be applied equally to all the participants.

“That I am also to believe that if the returning officer in Choma Central was at liberty to reopen the nomination centre, then the Lundazi Central nomination returning officer equally should have been empowered to reopen the nomination centre,” he said.

He said ECZ returning officers should be at liberty to reopen the nomination centres to allow nominations to go on uninterrupted.

And Dr Phiri explained that there were serious confrontations between Patriotic Front (PF) cadres and supporters of independent candidates who had just resigned from the ruling party, to which he was advised by the returning officers that for security reasons, they would call him for his nomination.
He charged that he remained at the nomination centre from 15.00 hours to 22.00 hours but the returning officer insisted that he was late and so could neither receive nor process his nomination papers.

Dr Phiri in his petition has demanded that ECZ reverses its decision to reject his papers and process his nomination papers for the Lundazi until after the courts have decided on the matter.

In his earlier application, he challenged the constitutionality of the decision by the ECZ to reject his candidacy that it was unconstitutional, illegal and a violation of his rights as a Zambian citizen.

He submitted that the courts should order ECZ to receive and process his nomination papers to enable him contest the parliamentary seat.

Dr Phiri argued that his turning up late was because he was advised to allow time for other candidates to complete the nomination process before he could lodge in his papers.

He had explained that there was nothing in the Zambian Constitution or the Electoral Act that barred his lodging in of nomination papers after the 15:00 hours deadline.

He said there was no regulation on the time before which candidates could file in nominations and if there was, such regulation could not be superior to the provisions of the Republican Constitution.

19 COMMENTS

    • Rules of the Game you are late bamboo too bad, it was meant to be. It shows that god has retired you, come on go back to the farm.. Thank you for serving Zambia. It’s time to Go.

    • BA DR PHIRI, IT IS DUE TO POOR OR LACK OF WORK ETHICS AND NEGATIVE ATTITUDE TOWARDS WORK THAT ALWAYS DRAGS AFRICA BACKWARD OR SIMPLY BRING IT TO A STAND STILL. AND IT’S PEOPLE LIKE YOU WHO ARE THE MAIN CULPRITS OF AFRICA’S UNDER-DEVELOPMENT. IT IS UN EXPECTED OF A MAN OF YOUR ACADEMIC STANDING AND PUBLIC RESPONSIBILITY TO REPORT LATE TO WORK AND LET ALONE TO SUCH AN IMPORTANT NATIONAL FUNCTION. IT WOULDN’T BE SHOCKING IF IT WERE GBM WHO WAS LATE. BUT FOR YOU BA DR PHIRI YOU ARE NOT ONLY A DISGRACE BUT ALSO A LET DOWN TO THE PEOPLE WHO GAVE YOU A CHANCE TO REPRESENT THEM. YOU HAVE NO ONE TO BLAME BUT YOUR SHAMELESS NEGATIVE ATTITUDE TOWARDS RESPONSIBILITIES.

  1. ECZ has been infiltrated by tu opposition. These infiltrators r the ones causing problems. We must fire them b4 they rig the election fo that chap uwapandila kumishishi. Tu swine tonse tu upnd

  2. Mr or Dr Phiri or whatever, just as there is nowhere in the constitution where you are allowed to hold office of cabinet minister after parliament is dissolved, just accept you are incompetent and unable to follow simple rules of time-keeping. You thought just because you are an illegal minister the returning officer would be intimidated and you could file in at 22 hrs! Your case has nothing to do with what happened in Choma as you claim. Just accept the fact that even the electorate in the constituency did not want you in the first place and you were forced upon them by PF. Just reserve you retirement package before you waste it all on court cases and still lose the election even though you were allowed to contest.

  3. ECZ, treat everyone equal. You should by now have accepted his papers because the courts will surely rule against you since you allowed Mweetwa to file out of time. Everyone should be equal.

  4. Give honour where honour is due.

    The candidate in question earned the title Doctor, therefore, he is not “whatever”.

    The Choma permission is precedence that the courts can use in this and similar cases.

    Justice must not be partial.

  5. I feel sorry for this old man.Back to University of Lusaka after August and that is where all the goodies and trappings of ministerial life end.Shame!!!!

  6. And this is an Education Minister complaining about his punctunaliity of all things to a constitution court…really laughable…no wonder our country is an utter mess….what message is this empty tin sending to pupils. These people are not fit for purpose…as my teacher used to say “some of you will be late for your own funetals”

    • Even in 2015 you and your fellow failures kept mumbling and talking same rhetoric and bigotry but ECL triumphed. HH lost and will happen 2016.
      HH blind followers think 2015 numbers were a popularity test for him. You forget simple facts that voter turnout was 33% average but 95% in Southern province. That is why 2016 voter register shows Sountern province having 17% of voters beating Northern, Luapula and Eastern so that hh wins on voter turnout.
      Bringing into HH team, haters of ECL like Kilometer, Sikoti, maroads masebo gbm will not make hh win 2016 election. Be prepared for an excruciating defeat. Zambians have already decided. KATEKA is already known. UMUNUTI NOT ANIMAL HH, is already known. NI LUNGU.

  7. Awe he is right. If it happened to Mweetwa as opposed to John we could by now been hearing prouncements such as Amagedon! Its his right let him persue what rightly belongs to him.

  8. The rumor has it that he was too drunk to arrive on time, and then he arrived still drunk after 1500. What has he done for education in Zambia? Anything to report? Apart from discussing with teachers in the bar

  9. He was drunk and wore his wrist watch upside down. These are the guys who have thrived on illegalities, fraudulent and crooked acts crying foul when it does not suit them. Ishuko lya munobe tabendelamo, why are you comparing your mess to someone whose reasons you are not privy to?

Comments are closed.

Read more

Local News

Discover more from Lusaka Times-Zambia's Leading Online News Site - LusakaTimes.com

Subscribe now to keep reading and get access to the full archive.

Continue reading