Lusaka Lawyer John Sangwa has filed a petition in the Constitutional Court to compel the Electoral Commission of Zambia to nullify nominations of Running Mates.
Sangwa says Article 100 of the Constitution, demands that Running Mates to Presidential Candidates should also have 100 registered voters as supporters presented per Province.
He has requested that applications so far made by Running Mates to be nullified.
Those petitioned are Professor Nkandu Luo, for PF, Mutale Nalumango for UPND, Dr Cosmas Musumali for Socialist Party, Judith Kabemba (Democratic Party), Bright Chomba (Third Liberation Movement), Henry Muleya (Patriots for Economic Progress (Samuel Kasanka (New Heritage Party), Changala Siame (Economic Freedom Fighters), Rosemary Chivumba (Zambia United for Sustainable Development), Kaela Kamweneshe (Leadership Movement), and Kasote Singogo (Party of National Unity and Progress).
In the petition filed Thursday afternoon and drawn by Simeza, Sangwa and Associates, the running mates whose nominations have been declared valid have not complied with constitutional requirements with regards to qualifications and disqualifications to the office of Vice-President.
The same conditions that apply to the Presidential candidates also apply to the running mates, according to article 110(2) which reads: “The qualifications and disqualifications applying to a presidential candidate apply to the person selected by the Presidential candidate to be the running mate.”
The Presidential candidates were required to meet among other conditions being supported by 1000 supporters (100 in each province), file declarations and tax returns, and payment of respective nomination fees.
Zambia needs intelligent opposition. The opposition parties arent providing it so a lawyer has stepped into the void. Voters look at the people you have put into office: They are all silent as lambs when Lungu arrests people for insulting him. We need an active opposition
Boss, the guy to petition is Eagle 1
True. This guy is now lossing focus and could lose credibility even though he could be standing on strong legal ground.
Submit and focus on the main Chagwa petition so that in future laws are followed to the letter for everyone.
Good point Mr Sangwa but, where were you before they filed in their nominations?
Never say die. Make yourself relevant
Lt please behave,stop holdin back people’s comments otherwise you will be regarded biased
https://www.lusakatimes.com/2018/12/18/lt-where-is-my-comment/
Fuseke. We don’t have time or money to waste on such irrelevant trivalities. This is not Europe where people have time to fight over silly technicalities. Leave us politicians to contest in peace. Do you see us getting involved in your legal shenanigans? Get a hobby
Empty head and time wasting Lawyer…looks like Sangwa is having a hard time finding cases…this guy is a lunatic of a Lawyer…no wonder no one respect our constitution because the so called constitutional Lawyers act like they don’t know what Law is….looks like this guy just wants to be in the news now
Am not sure what this is! ECZ failed to follow follow the Constitution of Zambia. One candidate aspiring is going for the third term. How can the law be so selective and partial?!
Who is allowed to break the Constitution of Zambia?
Who really cares about the Zambian constitution amongst politicians? These are revelations that the constitution was drafted on toilet paper! Sangwa is being antagonistic and knows very well that his is an academic exercise that will inform to the people but his prayed for desire wont reach any listening ears to follow up with action! Better drawing attention to such articles before the eleventh hour as means of advice for the constitution to work!
Democracy 101; we need to hold them accountable. Great job!
Good job Sangwa! I hope this shows you are only concerned about following the rule of law as opposed to simply being labeled an opposition lawyer.
@ comment number 3, you only petition after people have filed their nominations, that’s the law.
How can you petition before they declare their interest to stand?
This is a test for the concourt, let’s see their impartiality, they appear to have a grudge with Sangwa.
Why divert to Running mate?All along you
Were saying you will petition head of state.
Easy to say but when time comes we get
Cold feet.
Very observant Sangwa once again…petition all of them: they have lawyers and they are not getting their money’s worth!!
Sangwa will be vilified, insulted and called all sorts of names, but he has raised a constitutional issue which every right thinking Zambian must let the Constitutional Court to interpret. He has shown that he is on the side of the law and not partisan, the same law that a Lawyer President assented to with eyes closed, the same law which a lawyer and judge chairman of the ECZ allowed to pass under his radar. The Con Court will not do anything that will disturb the status quo but will now set a precedent that will haunt Zambia for many years to come if they do not agree with Sangwa. Imagine a financial crook, no-tax payer and unpopular person becoming a running mate and then the President dying leaving such a person to become President on a silver plate.
Another movie has started
@Anonymous .. you are the empty head. It is you and the likes of you that eventually allow lawlessness to flourish – no regard for due process or Constitutional law. At least Sangwa has had the ba.lls to bring to light issues of flagrant breaches of fundamental laws. Today you deem it a waste of time, tomorrow when you are at the brunt end of injustice yourself, no one will be left to defend you
Look gentlemen and women, by allowing simple things slip through you are allowing even bigger things to slip through later.
The candidates were not the assessors. Their supporters were in multitude outside, but the ECZ did not bother to verify it. What Sangwa is highlighting here is the failure of ECZ to understand and follow the constitution. All well meaning Zambians will agree that ECZ is to blame. Just at the start they are failing to follow simple interpretation of the constitution. This show that if they fail in simple clauses how about later in difficult clauses of the constitution.
At this point in time, the best is to reprimand ECZ and warn them not to be idle and they should show the world that they are capable of their duties.
Do we need to call consultants from…
Law, like science is usually incontrovertible. Those vilifying Sangwa should go and read what he is trying to petition about. So whether we ignore it, wish it away, or simply violate it — like he damsel you thought was gone: it is still there. Muzamukumbuka Sangwa a mambala.
It’s only political zealots like those in the UPND that can follow John Sangwa. He told us that he’ll petition ECL’s eligibility, it’s now days since Edgar filed his nomination but where is his long awaited petition? Don’t practice destructive Law, you’ll not build the nation with such warped mentality.
We should all uphold the Patriotic work that Sangwa SC is doing. He has shown that he is a Constitutional Lawyer of Note and is sacrificing everything to protect, defend and enforce the Republican Constitution. We anxiously wait for Concourt and ECZ’s response to this Petition. We don’t expect Preliminary matters in this Case. Certainly the Danny Pule Case has nothing to do with this Petition. Well done Sangwa SC.
THE TROOLL SAID THIS IS NOT EUROPE HE IS SO RIGHT
THIS IS ZAMBIA WHERE JUNGLE LAW RULES
ANYWAY LETS MOVE ON THE WRITING IS ON THE WALL FOR THE PATR10T*C F000LSS TO VACATE
Sangwa has a bone to chew with the ECZ. He wants to score points against ECZ. I wonder what happened in the 2016 elections and why Sangwa did not do the same then.
Those of us that drive on Zambian roads have a saying that no matter how perfect your vehicle is, if Buju want to charge you he’ll definitely find a fault. Similarly, if you’re looking for faults in our Law you’ll definitely find many. However, what you need to ask yourself is whether what you’re doing contributes to the growth of this nation and that’s what’s important. What’ll John Sangwa achieve by getting all running mates’ nominations nullified? That isn’t a positive way to cure such a fault, if at all there’s any. We’ll not respect you for being always antagonistic, Zambia doesn’t need that. Always seek to build consensus even if you don’t agree with others. That’s what will build Zambia. This is what we always tell the UPND because their politics are destructive
The problem with Zambian Politicians is the assume that the constitution is like the bible where you can recite all the verses and preach but do the opposite …the constitution is there for a reason and we need more of the likes of Sangwa to uphold the rule of law. If we had useless failed lawyers like Lazy Lungu who can not be bothered to read Zambia would be a banana republic sooner than later.
Keep up the good work!!
This is clear indication that siti belenga. ECZ has failed to follow with the constitutional requirements here, plain and simple.
Whilst its a good observations your relevance in legal fraternity is slowly diminishing because of being over ambitious & pushing your luck too far. Save your energy & time for the post 2021 election petitions.
Nothing is perfect on earth State Counsel Sangwa.I thought you said you were just waiting for ELC to file in his nomination papers then you would sue him for whatever case. What has happened to this Fishing expedition on dry grounds?
Sangwa just means to discredit the ECZ in the eyes of ordinary Zambians that it does not follow the law. Sangwa was still in Zambia in 2016 and read the constitution even then. Why did he not raise the issues he is raising now in 2016? This knit-picking on the part of Sangwa may just raise issues about his real motives. Sangwa comes across as a bitter person who is punching in all directions.
He has petitioned, this does not mean that he understands the vein of that section. The courts must still interpret the law. It is worth noting that having lost so many cases it is human nature to try and hold on to something, Mr Sangwa is trying to win something, even if it not that important but for the sake of his ego he will continue to petition. I must admit, however, that it is good for our democracy that the aggrieved must only rush to the courts and not apply the infamous “ Mapazya formular).
SANGWA will be beaten pants down in court using CONVID 19 guidelines!!!!!!!!!!!!!!!!!!! 1000 people to be presented during nomination……that can not happen physically!!!!!!!!!!!!!!!!!!!!!!!! the requirement was met using lists of supporters which SANGWA will be given in court!!!!!!!!!!!!!!!!!!!!!! Useless lawyer who is a time waster and attention seeker………………NEXT STOP 12 August 2021!!!!!!!!!!!!!!!!!!! Not wasting time in courts……………………… LETS ALL VOTE TO TAKE OUT PF OR TO KEEP PF- ITS THE ZAMBIANS’ CHOICE!!!!!!!!!!!!!!!!!!!!!!!!!
SANGWA HAS A MISSION LET HIM PURSUE IT, ITS HIS DEMOCRATIC RIGHT
ISNT THE PFF ON A MISSION TOO TO WIN AT ANY COST ???
Law is based on the premise of reasonableness. A running mates selection is not a Democratic process but single handed selection by the main runner. This suggests that the qualification of the main runner automatically applies to that of the selected mate. After all it’s his shoes that person fills when for whatever reason they are no longer running. A simple one for the Concourt to interpret. The running mate is not running on an independent ticket, their participation in the race is solely at the discretion of the qualified runner and elections just ratify this as enshrined in the constitution.
This is new drama by the lawyer who is the biggest failure in the country. He has lost all he so called cases for public benefit. He was the one who challenged presidential term of President Lungu. What happened? Sangwa had an egg on face. All the petitions are prompted by HH. Now he has filed one more petition. We know the fate of this one also.
RUNNING SCARED THEY KNOW UPND RUNNING MATE IS STRONG
Did anyone get the hidden plan? HH has got this petition filed to get rid of Mutale Nalumango. He deliberately kept the flaws in her nomination. Now, the court will nullify her nomination, and it will make way for none other than KBF. This is what HH always wanted. He never meant what he said about women power. He was reluctant to appoint her as party Vice President also. It was just to show the world that he cared for women. She was never allowed to function freely as party VP. How can we expect him to accept a woman as his running mate?
He was perhaps waiting for a substantial offer to file the petition. Now don’t ask me from whom. If you don’t now he dances to the tunes of HH, then you are the biggest f00l in the country.
You are right. The Opposition parties are really not competent enough. They are not raising any question on the fake submissions by HH to ECZ. And this so called great lawyer too, is not blinking an eye!
Why do we argue over non issues? There’s nowhere in the Constitution where it says a running mate can be petitioned alone or voted alone. The person that is petitioned is the Presidential Candidate. If ECL petitioned and he’s found to be ineligible as we know, that means even Nkandu Luo becomes ineligible. John Sangwa is just confused, he’s misdirected himself. This case will be dismissed.
John Sangwa has become synonymous with frivolous petitions. We all know who is behind these petitions. We all know the intention of these petitions. Anti Zambia forces want to break the country using these stooges. We need to be aware of these snakes in the sleeves.
Can anyone believe that all the political parties, having so many seasoned politicians would make such a blunder? John Sanwga has something else on his mind. He is trying to deceive the people. I have a hunch that he is up to some sinister plan.
Do you want to say that the officials at ECZ are incompetent to ignore such a glaring flaw? There has to be some confusion on your part Sangwa. You are known to file petitions in haste and then bite dust in the court. Why don’t you work on the petitions before filing them?
How come you know that the running mates don’t have support of 100 registered voters from each province? How can you be so sure?
This is not as simple as it looks. John Sangwa is not as straight as he looks. There is definitely something which is very dangerous for the democracy of Zambia. Going by Sangwa’s track record, I can confidently say that he is acting on someone’s behest. This can’t be his original idea. Someone is handling Sangwa.
If you remember clearly, HH has filed fake declarations about his assets during last two elections. If John Sangwa was really worried about the democracy and constitution, he should have sought the copy of HH’s declaration for last two elections, including this one, and filed a petition against the forgery HH committed during last two elections. But he is more interested in nullifying the nomination of running mates. Why?
Read Article 30 of the constitution before making comments.
ITS LRF Not SANGWA imwe…
What about voting? Are we going to vote for the President and the Vice President separately? Please let us know in good time.
Lusaka Lawyer John Sangwa has filed a petition in the Constitutional Court to compel the Electoral Commission of Zambia to nullify nominations of Running Mates.
Sangwa says Article 100 of the Constitution, demands that Running Mates to Presidential Candidates should also have 100 registered voters as supporters presented per Province.
With due respect to the learned colleague, he has got it wrong again. Simple logic is that there is no provision in the constitution that allows Presidential running mates to be voted for individually from their Presidents.
CONTNUED
Article 45 under the Electoral Systems and Process as provided for in Article 47 only allows for the election of Presidents, Members of Parliament or Councillors and not Presidential Running Mates. In short their participation in elections is “ANNEXED” to their Presidents meeting the qualification as per Electoral rules. We don’t VOTE for Running mates but Presidents.
So the argument by John for the Running mates to have 100 registered voters of their own different from their “BOSSES” per province falls off since their Presidents met the requirements. PERIOD
ARTICAL 100 ONLY SAYS ABOUT THE PRESIDENT
100. (1) A person qualifies to be nominated as a candidate
for election as President if that person—
(a) is a citizen by birth or descent;
(b) has been ordinarily resident in Zambia;
(c) is at least thirty-five years old;
(d) is a registered voter;
(e) has obtained, as a minimum academic qualification, a grade
twelve certificate or its equivalent;
(f) is fluent in the official language;
(g) has paid that person’s taxes or has made arrangements,
satisfactory to the appropriate tax authority, for the
payment of the taxes;
(h) declares that person’s assets and liabilities, as prescribed;
(i) pays the prescribed election fee on, or before, the date
fixed for the delivery of nomination papers; and
(j) is supported by at least one…
I bet the drafters of that clause/section of the Constitution had intended that the running mate can piggyback from the presidential candidate’ group of supporters. So the spirit is the that the same 100 supporters declared for the candidate can indirectly be applied to the running mate… i.e. the same people. It’s probably another case of ‘Chizungu’ not being our 1st language.
But I think Lungu going for the 3rd term is more problematic and more important than this one… if you can, please persue that one.
By the way is the ConCourt the highest court you could appeal to or from the ConCourt you can still go the Supreme Court? If it is, the we need these cases to be dispositioned at a lower court 1st.
If all running mates’ Nominations are nullified as a result of this petition, the August 12 2021 elections are in limbo and must be postponed. Elections cannot be held without running mates’.
People can villify and insult Sangwa SC but the Legal Guru is Right and will be vindicated. It’s true Running Mates should have their own seperate Supporters from those of the Presidential Candidate. We anxiously wait to see what ECZ has to say to this Ommision. Will Concourt condone this Ommision in contravention of the Constitution? Concourt is not above the Law. It must obey,respect, defend, protect and enforce the Republican Constitution. Concourt in this Election Season is on Trial. It will have to clarify the Qualifications and Disqualifications of the Presidential Candidates and their Running Mate and direct ECZ to comply with the Criteria. We shall see.
Sangwa says Article 100 of the Constitution, demands that Running Mates to Presidential Candidates should also have 100 registered voters as supporters presented per Province.
Can’t the same 100 registered voters who supported the president ALSO support the running mate? Does the constitution say they have to be DIFFERENT?
Instead of helping clear the lacunae in the constitution, the useless boy was busy denouncing the constitutional review process only to wake up and start pointing at trivialities. This boy will plunge this country into chaos. Those clapping for him are toilet cleaners in diaspora and will not be affected