Saturday, February 24, 2024

ECZ Cancels the Kabwata By-Elections after the UPP candidate Invokes different grounds for withdrawal in Second Letter

Share

The Electoral Commission of Zambia (ECZ) has decided to cancel the Kabwata By-Elections after the United Progressive Party (UPP) Kabwata Parliamentary by-election candidate, Mr. Libanda Francis sent in a second letter today invoking the provisions of different Article 52(6) of the Constitution of Zambia, which among other things includes resigning from the sponsoring party.

In a press briefing this afternoon, ECZ Chief Electoral Officer Patrick Nshindano said that the commission had rejected the withdrawal from the election by the UPP candidate dated 7th January 2022, and allowed the by-election to proceed as planned as provided for by the Electoral Process Act No. 35 of 2016, Section 31 (2) which empowers the Commission to reject a withdrawal and proceed with the election, emphasizing that a “withdrawal” is clearly only permitted before the closing of nominations as provided under Section 31(2) of the Electoral Process Act.

Mr. Nshindano, however, said that with the second letter received today from Mr. Libanda dated 10th January 2022, the second letter the candidate sent to the commission today clarifying his decision whilst invoking the provision of Article 52 of the Republican Constitution The Electoral Process Act under Section 31(2), the law requires the cancellation of elections and this calls for fresh nominations for eligible candidates.

Mr. Nshindano said that in this case, Mr. Libanda, in his letter dated 10th January 2022 has invoked the provisions of Article 52(6) of the Constitution of Zambia, and given that this is a Constitutional provision, the Commission is bound to comply without any discretion to do otherwise.

“In this regard, the Commission hereby cancels the election for Kabwata Parliamentary by-election pursuant to the said Article 52(6) of the Republican Constitution and will be conducting fresh nominations for Kabwata Constituency on dates to be advised once a Statutory Instrument has been finalised.

“This, therefore, means that all campaign-related activities for Kabwata Constituency have been cancelled and will only commence on the date of fresh nominations, ” he said

Mr Nshindano said that as the law requires fresh nominations, it entails that all aspiring candidates in the Kabwata Parliamentary by-election including those that had originally filed in nominations will be required to pay the prescribed nomination fee, adding that the Commission also recognizes that this process may inconvenience stakeholders, especially political parties that had successfully fielded candidates as they will be required to file fresh nominations.

Mr Nshindano further said that that ballot papers for the elections are were scheduled to arrive tomorrow Tuesday 11th 2022 via Kenneth Kaunda International Airport from Dubai and that the resignation of Mr Libanda comes with unwarranted costs as the already printed ballot papers are a cost that needs to be paid for in addition to other electoral activity costs.

Mr Nshindano called upon Political parties to thoroughly scrutinise candidates they intend to field in any election to avoid a waste of resources and other inconveniences caused to the Commission, Political Parties and other stakeholders.

“With the foregoing, stakeholders may note that there is an urgent need to review the electoral laws to enhance the integrity of the electoral process and safeguard scarce public resources that could have otherwise been used for other developmental programmes,” Mr Nshindano said, adding that the Commission, working with other stakeholders, will soon embark on a thorough review of the electoral laws in order to enhance the electoral process.

32 COMMENTS

  1. This Dubai thing has to be stopped. We need to support African industry and SA has such facilities. As for cancellation it is another waste of money.

    14
  2. I have always known Francis Libanda as decent person and I never associated him with politics. What he has done is very wrong including the reasons he’s given. He’s tainted his image.

    14
  3. Upnd are scared . I warned them that I was on ground campaigning and that I don’t lose elections that I am involved in. Now they will field another person . Us in pf have already won and wont field another candidate.

    18
    15
  4. Who came up with this stupid law of cancelling elections if a candidate withdraws? I guess it was the PF govt. What a waste of resources on unethical politics!!! Change this wasteful, self serving law like yesterday. Only death of a candidate should warrant cancellation.

    21
    5
  5. Libanda is what we call a party pooper. Be that as it may, he is within his right to do that and he is covered by provisions of the electoral law of the republic. Let due process take over.

    1
    4
  6. UPND has finally arm twisted everyone. What an enormous amount of money gone in the drain just like that. Andrew Tayengwa will not be re-adopted for the by-election.

    10
    8
  7. By-elections is a small matter, ballots must be printed locally

    Zed is dependant instead of being independent 58yrs on.

    10
  8. Electionering 52 weeks of the year………..

    What a waste of money…………

    Indians and Chinese really laugh at us……….

    Once indians and Chinese are done with what elections they have, that is it, time to work……….

  9. Another reason for urgent consitutional reforms because nowadays even comedians like Tayali contest for these elections and can get 50 of his people off the streets to company him to file papers…we are just lucky this didnt affect the General elections because PF and Lazy Lungu were very confident of winning it just needed one numbnut to pull out of the Presidential candidates.

    7
    3
  10. We also need by-election ballot papers to be printed in Zambia …if this govt truly cares about empowering Zambian printers then they should have already equipped our printers with incentives to have latest machinery I mean there is zero customs duty on printing press machinery for the last 10 years why are printers not importing machinery?

  11. These ECZ rules must be reformed.

    Clearly something is wrong if the people of Kabwata can be denied their election by the late withdrawal of a single candidate. Never mind whether it is a minor party or not, this cannot stand. Moreover, if others now must pay nominating fees again, maybe some will not participate thereby limiting the electoral choice. I wonder what sanctions and fines are now meant to be paid by UPP. Without that, I’m sure other minor parties can easily be corrupted to derail future elections and democratic process in general. Like I say, these rules must be reformed!

    8
    1
  12. The only winner here is sitting in the already rich place in Dubai, UAE while the poor Zambians wallow in abject poverty. Introduce a running mate at all levels and print both faces on the ballot. So that if one candidate withdraws automatically the next takes over. If it’s expensive to have running mates on the ballot and the status quo maintained, make that candidate who withdraws carry the costs for all nominations and re-printing of ballots if already printed at the time of withdrawal. Failure to pay, 10 years imprisonment with hard labour.
    As for Libanda, you’re a heartless, selfish person. Many people are crying because of wasteful expenditure and you are rejoicing in their misery. Only God will deal with people like you in his own way.

    10
  13. Politics is seen as a ticket to wealth in zambia………

    That is why people are so desperate to get into politics and hang on to power………

    Serving the people is last on the agenda………just before elections

  14. ECZ not fit for purpose, needs complete overhaul. This is an institution that will accept FORGGED letters from Examination Council of Zambia purporting to represent a grade 12 certificate or its equivalent. The entire ECZ without verifying the authenticity of the contents of these forged letters accepts as genuine letters presented to them by individuals to lodge nomination papers for elections. As has been proved subsequently before courts of law, some Zambians have presented fake grade 12 certificates, others do not even have grade 12 certificates. What shambles this presents to the nation is that elections in Zambia are a fraud and unreliable, undemocratic in that, other MPs have just sneaked in parliament without due diligence of the law. Both ECZ and Examination Council of…

  15. Imagine Hon Lubinda and other pf zealots that were insisting on such and other laws including. They do not even have shame , they go to campaign even after messing up the electoral laws and many other stuff.

    3
    5
  16. Upnd has smelled a huge loss and why getting ballot papers from Dubai where you did not allow PF to get the same ballot papers? Chimbwi no plan

  17. ECZ have been going to Dubai for the last 8 years observing how secruity features are added and what machinery is used …surely in that period no one has seen the set up of the print press and their sources.
    What’s wrong with us.., the Japanese were touring UK and Europe railways back in the 50s …only for them to come up with far much faster and by far improved train in the Shinkansen bullet train.

  18. @ INDEPENDENT OBSERVER

    The UK/ USA Investment Banker. Where are you ??????????????

    You invested $30,0000 in bitcoin and luckily made $50m.
    Can you show us your patriotism and pay for the second printing of ballots in Dubai now
    that this f**ckin idot has pulled out forcing ECZ to cancel the by-elections in Kabwata.
    We have seen and noted your various donations and good causes you have made recently into Zambia.
    Its about time you showed us your patriotic duty you talk about every day on lusakatimes.

  19. It looks like all bloggers are singing the same tune on this topic…Spaka am glad you’ve realized that Politicians are just fortune seekers…they really don’t mean well for the general population…imagine how much money has been wasted….sad….

  20. The PF sneaked in this provision in the constitution at the last minute during drafting to serve their own interests and on the belief that it was not possible for them to be voted out of power.

    2
    3
  21. But Ba Kaizar, you were fully involved in the last August 12 elections and lost big time. So which elections are you saying that you don’t lose elections you are involved in? Loser. kkkkkkkkkkkkk

    2
    1
  22. We can all agree PF made this part of the bed in the constitution but who ever else sleeps in it, for their interests whether UPND and others becomes an accomplice.

  23. Jigga Kayama Simangulungwa (formerly Corruption scandals: 48 Houses Social Security Cash Luxury Presidential Jet Ambulances Fire Trucks Mukula Trees Ndola-Lusaka Rd Malawi Maizegate Fuelgate Swaziland landgate Zesco Loans Honeybee)

    Oh dear! What kind of people come up with this kind of bullcr@p? Who is going to bear all the costs? The people of Zambia due to some s!lly guy withdrawing? And what happens when some other guy does the same the day before the elections? Surely our IQ as a nation can’t be this low, can it? What measures did they add to this to discourage people from doing this?
    But surely life must go on even if a candidate died at such a late stage in the process. Even if there were only 2 candidates, if one withdraws the other should be declared a winner unopposed. What a country this is!

  24. Can the former ruling party, PF, tell Zambians the cost of printing ballot papers for one constituency and transporting them to Zambia. Can all political parties who were on the ground campaigning take the UPP candidate who withdrew to court with a view to getting a refund for what they have so far spent their money on. A least he is alive and not dead. Let this guy never again be allowed to stand for any position anywhere.

  25. Now you see why Brigadier General Godfrey Miyanda had asked HE Edgar Jemasoni Chagwa Lungu not to close his eyes as he signed the 2016 Constitution? They gathered in large numbers and Heroes Stadium to celebrate the signing of such a useless Law? Politicians and lawyers have collectively done more harm to our nation. They don’t think properly. I remember how Jack Mwiimbu used to vehemently argue in Parley that the Constitution needed to signed as recommended by that gathering of drunkards without any amendments. So the UPND are equally part of this mess

Comments are closed.

Read more

Local News