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Alba Iulia
Wednesday, July 21, 2021

Polls in 6 Constituencies and Local Government violate the Constitution

Headlines Polls in 6 Constituencies and Local Government violate the Constitution

ELECTORAL Commission of Zambia (ECZ)
ELECTORAL Commission of Zambia (ECZ) Acting Chairperson Annettee Nhekairo says the impending amendment of the Republican Constitution is necessary if the ongoing delimitation of constituencies, wards and polling districts is to be a success

CONCERNS by GEARS Initiative Zambia that the Electoral Commission of Zambia has breached the Constitution by setting 12th August, 2021 as the date for 6 parliamentary Constituencies and 6 Local Government elections following fresh nominations held on 12th July 2021 are valid, Governance Activist Isaac Mwanza has observed.

Mr Mwanza who has several times taken ECZ to court said it is indisputable that an ensuing election taking place under Article 52(6) of the Constitution must be held within 30 days from the date of fresh nominations.

“In accordance with Article 269 of the Constitution on the computation of time, the period between 11th July, 2021 and 12th August, 2021 accounts for 31 days and falls outside the 30 days stated in the Constitution,” said Mwanza.

Mr Mwanza has said that elections in Lusaka Central, Mandevu, Chawama, Kasenengwa, Mafinga, and Mpulungu parliamentary Constituencies as well as mayoral and Councillors for Luanshya District, Matanda Ward, Mushili, Kamakonde, Kabwale, and Ichinga Wards which will be held after 11th August, 2021 are illegal, unconstitutional, null and void as they violate the Constitution.

“ECZ acted within the law to cancel elections under Article 52(6) but the same Commission has violated the very law it sought to uphold by setting the election outside the constitutionally prescribed 30 days. The Commission is bound by Article 1(3) of the Constitution and the omission on its part cannot make its action lawful,” said Mwanza

Mr Mwanza has thus warned that the holding the election on the 31st day has created a fertile ground for anyone or losing candidates to petition and call for nullification of elections in those constituencies and councils.

He has since asked the Commission to take step regularize the elections in constituencies and wards so they can conform to the “within the 30 days” constitutional requirement and not the 31 days the Commission has set.

20 COMMENTS

  1. This is splitting of hairs bane. These particular polls are not elections to replace incumbents, but mere contestants in a General Election.

  2. I have always said that the there is something wrong with the current ECZ members. Each time they come up with something new its full of mistakes. Is there an invisible that is misleading others member or they are in the learning phase. I know Judge Essau Chulu is a very experienced lawyer and as Chairman of ECZ and his commissioners are respected persons but the way things are happening or is it just some oversight. The next parliament should ensure a lot of lacunas are made straight. I hope there wont such flaws when announcing results after 12/08/21.

  3. I have always said that the there is something wrong with the current ECZ members. Each time they come up with something new its full of mistakes. Is there an invisible force that is misleading others member or they are in the learning phase. I know Judge Essau Chulu is a very experienced lawyer and as Chairman of ECZ and his commissioners are respected persons but the way things are happening or is it just some oversight. The next parliament should ensure a lot of lacunas are made straight. I hope there wont such flaws when announcing results after 12/08/21.

  4. I am really concerned about these self-proclaimed saviours of the society. They are funded by foreign entities and blatantly act against the country!

  5. This Isaac Mwanza is a useless chap. He need to be booked for spreading lies and harming the reputation of autonomous body like ECZ.

  6. It seems that Isaac Mwanza is a serial petitioner. How can filling several cases against ECZ be qualification to say anything? Can anyone tell me what the outcome of those cases was?

  7. The biggest loser in life lecturing on ethics! That’s the irony of Zambia’s democracy. Some useless people like Mwanza getting undue importance.

  8. @ Muwerewere Musemakweri, I am surprised by the comment. Despite being a South African, your interest in Zambia’s internal matter is really intriguing!

  9. Lusaka Times is really a PF mouthpiece.
    GEARS Initiative Zambia is headed by McDonald Chipenzi but there is no mention of him in the article.
    The article only mentions PF cadre Isaac Mwanza .
    Clearly the article should have provided a statement made by GEARS Initiative Zambia to that effect.
    DON’T MISLEAD THE PUBLIC

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