The Constitution does not provide for the rescission of a resignation by a councillor, Attorney General Likando Kaluluka has told the Constitutional Court.
This is in a matter in which governance activist Isaac Mwanza has sued the Electoral Commission of Zambia (ECZ) and Attorney General, seeking an interpretation whether the Constitution permits councillors who resign to rescind their resignation.
In 2018, when the councillor for United Party for National Development (UPND) resigned for Chilongozi Ward in Sinda District resigned, the Electoral Commission of Zambia proceeded to conduct a by-election despite the fact that the councillor in question had rescinded the resignation but the Commission refused to conduct by-elections in Munyambala Ward where another councillor resigned but later retracted his resignation.
In the submissions by the Attorney General, the office of councillor becomes vacant at the point a councillor resigns by one month’s notice and the act of rescission sets off the other provisions of the Constitution, which immediately become effective.
There is no provision for a councillor to take back their decisions on a literal interpretation of the Constitutional provisions in issue.
On the question whether a unilateral notice to withdraw a valid resignation by a councillor would necessitate or prevent the holding of a by-election in accordance with Article 57 of the Constitution, Mr. Kalaluka submitted that since the resignation has already occurred, the councillor does not have a right to unilaterally withdraw his or her resignation.
According to submission by the Attorney General, a by election would not be invalidated on the basis that of the councillor’s unilateral rescission of the resignation within 30 days.
The matter comes up on September 9 for status conference before Judge Musaluke.
Kkkkkkkkkk but fikopo ifi, this is why rats are everywhere. Ati Chris Mvunga is appointed Bank of Zambian governor is that true? I thought he was appointed Bar Association Governor? Is it constitutional to appoint a Bank governor in a bar? What is Kalaluka’s opinion?
Thanks learned council for clarity on this issue. We hope the opposition have got their answer and can move on. It’s not like they were even going to win that election kuwaya waya fye
Indeed, to rescind a decision to resign might be equivalent to self reinstatement. You can’t reinstate yourself so think before you act. A resignation must come after serious thought, we can’t have people announce their resignation in one moment and change their mind in another! That would be a recipe for anarchy
I’m sure you meant counsel
‘Learned council’ ba Presidential adviser with a UK IP address .That is why we are where we are now because of the people that surround Jonathan Mutawali
A minor slip up of the English language. I am not a native speaker so please I apologise in advance for any errors made in future. I am aware you guys in diaspora take being a master in English as the biggest accomplishment even bigger than being patriotic to your cultures and country. Kz
A minor slip up of the English language. I am not a native speaker so please I apologise in advance for any errors made in future. I am aware you guys in diaspora take being a master in English as the biggest accomplishment even bigger than being patriotic to your cultures and country. One does not need to be a native speaker of English to be in public office. You with your English qualifications but here I am serving you and my country with my modest English
A minor slip up of the English language. I am not a native speaker so please I apologise in advance for any errors made in future. I am aware you guys in diaspora take being a master in English as the biggest accomplishment even bigger than being patriotic to your cultures and country. One does not need to be a native speaker of English to be in public office. You with your English qualifications but here I am serving you and my country with my modest English. Kz
A minor slip up of the English language. I am not a native speaker so please I apologise in advance for any errors made in future. I am aware you guys in diaspora take being a master in English as the biggest accomplishment even bigger than being patriotic to your cultures and country. One does not need to be a native speaker of English to be in public office. You with your English qualifications but here I am serving you and my country with my modest English. Kaizar the boss
Why not propose a law to punish any citizen office bearer accepting cash in order to dump his party and joining any other organization. And also punish any politician defecting from his/her party to another party.
This is correct position at law.
AG, what happens to those seats where ECZ didn’t conduct elections when councillors resigned and retracted? By elections coming M