The Electoral Commission of Zambia(ECZ) has canceled three Parliamentary Elections and One ward elections for the August 12 Elections.
In a statement released to the media, the commission said that according to Article 52(6) of the Republican Constitution, if a candidate dies, resigns, or becomes disqualified in accordance with Article 70, 100 or 153 or a court disqualifies a candidate for corruption or malpractice, after the close of nominations and before the election date, the Electoral Commission shall cancel the election and require the filing of fresh nominations by eligible candidates and elections shall be held within thirty days of the filing of the fresh nominations.
In line with the constitution, the commission said that the Commission will be conducting fresh nominations for Mandevu Constituency, Lusaka, necessitated by the death of Mrs Melody Musutu and the resignation of three candidates – Ms Charity Lumpa in Lusaka Central Constituency, Lusaka, Mr Gilbert Bwali Musonda in Mpulungu Constituency, Mpulungu and Mr Chewe Kateule in Kamakonde Ward, Bwacha Constituency, Kitwe.
Below is the full statement
The Commission has noted conflicting statements from some sections of the media including a misrepresentation on the position of the Commission on facts arising from the death of Zambians United for Sustainable Development (ZUSD) parliamentary candidate for Mandevu Constituency.
The Commission would like to clarify as follows:
Article 52(6) of the Republican Constitution offers guidance on the procedures to take following the death of a candidate after the close of nominations and before the polls.
The said Article provides as follows:
52(6) Where a candidate dies, resigns or becomes disqualified in accordance with Article 70, 100 or 153 or a court disqualifies a candidate for corruption or malpractice, after the close of nominations and before the election date, the Electoral Commission shall cancel the election and require the filing of fresh nominations by eligible candidates and elections shall be held within thirty days of the filing of the fresh nominations.
From the foregoing, it is clear that in the event of the death of a candidate after the nomination process, the law requires the cancellation of elections and this calls for fresh nominations for eligible candidates.
As the law requires fresh nominations, it entails that all aspiring candidates including those that had originally filed in nominations will be required to pay the prescribed nomination fee.
This provision would also apply to candidates who resign or indeed get disqualified in accordance with Articles 70, 100 or 153 of the Constitution.
Given that this is a Constitutional provision, the Commission is bound to comply without any discretion to do otherwise.
The Commission also recognises that this process may inconvenience stakeholders especially political parties who will be required to do fresh nominations.
In this regard, the Commission will be conducting fresh nominations for Mandevu Constituency, Lusaka, necessitated by the death of Mrs Melody Musutu and the resignation of three candidates – Ms Charity Lumpa in Lusaka Central Constituency, Lusaka, Mr Gilbert Bwali Musonda in Mpulungu Constituency, Mpulungu and Mr Chewe Kateule in Kamakonde Ward, Bwacha Constituency, Kitwe.
Patricia Luhanga
Corporate Affairs Manager
For/The Chief Electoral Officer
ELECTORAL COMMISSION OF ZAMBIA
Well Noted.
The good part is that even those who have decided to resign will pay,a lesson to those who may wish to deliberately and willfully resign upon realization that they can never make it. I feel next time double or triple the fine
They just do the bidding of pf
This answers why Lungu has paid unknowns to stand as Presidential candidates…Lungu has no respect for the constitution.
I SMELL A RAT
This Article needs to be reviewed. If a Candidate realises that he is unlikely to win the Election and decides to withdraw or resign from the Race why should those Candidates who are proceeding with the Election be stopped? This is very unfair and unjust. The next thing is, one of the Presidential Candidates withdrawing or resigning from the race.Should this stop the Election whose date was enshrined in the Constitution on August 12? PF have realised that they are losing the 2021 Elections and are desperately trying to postpone the Election to a later date. How can ECL do this without Parliamentary Approval? Parliament was dissolved so it can’t be recalled. These are desperate times for ECL and PF. We shall see!
Thank you
This Nshindano boy is playing with fire if he entertains the idea of postponing 2021 Elections from August 12 to a later date. The Election date is specified as August 12 in the Constitution. The date cannot be changed without amending the Constitution. Since Parliament was dissolved amending the Constitution is impossible. ECZ is under pressure from ECL to rig the Elections. With Macmillan’s wind of Change is blowing across Zambia rigging these Elections will be difficult. Even in PF strongholds People are crying out for a change of Govt. On August 12 ECL and PF “ku wire” chabe. Welcome on Board flight HH and UPND Alliance. HH aka Bally will fix it.
Ok. Lets see whether they will go for Elections within 30 Days!!! Its all in that Article 52!!!
@ 1. That’s not true, the new nomination fee only applies to those who wish to stand again. In your reasoning, even the deceased has to pay.
With that being said, the ECZ is wrong to request candidates who are still standing to pay again. Surely, they can still use their previous payment.
So Mwansa was right after all. KZ you can apologize now for all your insults to him. I hope he sues you for defamation!
This Nshindano ECZ CEO must trade carefully on this 2021 Election. We hope that after canceling the Nominations of MPs and Councillors he is not thinking of Canceling the Presidential Election. The date for these Elections is specified as August 12 in the Constitution and at the instigation of ECL we hope ECZ is not thinking of Canceling the Nomination of Presidential Candidates
as well. This Election cannot be postponed becoz its a Constitutional requirement. Parliament was dissolved and the Amendment of the Constitution is not possible without it. ECL and PF are smelling Election defeat on August 12 and are desperately trying to postpone the Election. This is dangerous. The writing is on the wall.
Assuming the Nominations for these Constituencies are done on 30th June 2021 then 2 days later one of the New MP Candidates resigns or withdraws? What if One of the Presidential Candidates withdraws or resigns on July 31, 2021. What will happen? Will ECZ postpone the Election indefinitely? Concourt needs to step in quickly and create some order otherwise 2021 Elections will not be held on August 12 as stipulated in the Republican Constitution. The writing is on the wall.
Assuming the Nominations for these Constituencies are done on 30th June 2021 then 2 days later one of the New MP Candidates resigns or withdraws? What if One of the Presidential Candidates withdraws or resigns on July 31, 2021. What will happen? Will ECZ postpone the Election indefinitely? Concourt needs to step in quickly and create some order otherwise 2021 Elections will not be held on August 12 as stipulated in the Republican Constitution. The writing is on the wall.
When a process is cancelled, then even the money paid by nominated candidates should be cancelled and returned back to the candidates. So candidates who wish to be nominated again will use this money for the revised nomination! Just a waste of time. ECZ should just keep the nomination fees of those candidates who wish to continue as candidates and not demand new fees from candidates who had already paid fees for the same position!!!