Thursday, July 18, 2024

ECZ offside on Malanji and Lusambo-Sishuwa

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Respected Historian and Political Analyst Sishuwa Sishuwa has charged that the Electoral Commission of Zambia was wrong to have refused to accept nomination papers from Joseph Malanji and Bowman Lusambo as PF candidates for Kwacha and Kabushi Constituency respectively.

Dr Sishuwa noted that the ECZ made a mistake by issuing a mistake on the eve of nomination day that they will reject the nomination papers of the duo even before they filed in.

Dr. Sishuwa was speaking in an interview on the Red Hot Breakfast Show on Hot FM on Monday morning.

Asked to comment on the issue of the two by elections, Dr Sishuwa stated, “There are two separate issues here that we have to deal with, one is on the question of procedure and the other one is on the question of substantive.”

“On the procedure part, the ECZ made a mistake by issuing a statement to say that candidates or have done this or that will have their nominations rejected, if you read Article 52 of the Constitution, the power to reject the nomination of any candidate is vested in the Returning Officer after the candidate has presented his papers to the ECZ on the day of nomination because when the ECZ issued that statement, there was no way of knowing who would be the candidates, so it was wrong for them to actually do that because they ceased to be an impartial body,” he said.

Dr Sishuwa added, “They should have waited for the Returning Officer who had seen the nomination papers for Lusambo and Malanji and then reject them if they need to but that didn’t happen so on the procedure part, I think the ECZ was wrong.”

Dr Sishuwa further stated that the Constitutional Court had earlier in March ruled that the two candidates were eligible to recontest their seats.

“On the substantive part, I think the matter is before court so we are restrained on commenting on this matter but there was a judgement in the Constitutional Court which was issued in think in March this year to the effect that both Malanji and Lusambo or candidates in their positions are eligible to contest unless the Constitutional Court vacates that judgement, the ECZ is bound by that judgement as well. It would be interesting to see what the ECZ or the Constitutional Court does in relation to these cases that have been filed.”

43 COMMENTS

  1. The first mistake is correct, ECZ should not have announced anything before the nominations on the pending rejection of people who caused the nullification, the second one ECZ is on firm ground on Kabushi on the non eligibility but I think the Kwacha guy only needed to present his Grade 12 certificate and was eligible, a certificate he has had all this time but did not just present it in court

    • Ba Ngindo, lets try to understand what the main issue here is. LAZ and SS are just adding to the unnecessary obfuscation. Now lets get to the issue. The main issue is that there is a vacancy in parliament. How and who caused this vacancy? This is were article 72(4) comes in. ECZ did not make a mistake by reminding aspiring candidates of the provisions of article 72. No names where mentioned on that letter. Having said that, the next issue is eligibility. Again article 72 is instructive. If you cause vacancy in the office of MP by decision of the concourt, whether its nullifying your election or disqualification, you are not eligible to contest. Disqualification or nullification are not the issues here, but the vacancy in parliament arising from the decision of the concourt is the…

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    • Alfred 2.1

      Stop the nonsense by twisting words using political means here and there. As UPND supporters – we are living in denial and will support this government even when it’s making mistakes. “”” Dr Sishuwa further stated that the Constitutional Court had earlier in March ruled that the two candidates were eligible to recontest their seats. “”””

      Dr Sichuwa is right. This is exactly what the Constitutional Court concluded because by then they had clear understanding that both candidates had intentions to recontest. The English language on this law they used is very clear. The question to you is….. Did the Constitutional Court rule that these two guys are eligible to contest ?

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    • # 2.2 Mutafela Mulife

      Exactly the point. Dr Sichuwa is very correct. We in UPND have have gone in this overdrive that even when the truth and facts are there to see in black and white, we try and spin to justify winning a debate, especially these so called 24/7 bloggers who appear not to go to bed but are glued to post comments at any time of the day. Then again, we see so much disillusion behavior due to not doing much in life from these chaps. Reasonable thinking is disappearing every day.

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    • Muliphe, point of correction – am not UPND. Now can you show me the judgement where the concourt said lusambo & malanji where eligible to contest? If at all the court decided that way, then what was the purpose of its ruling? That kind of judgment will only serve to waste time instead of being punitive. If the concourt, in the case of lusambo, found that he gained advantage through malpractice, does that advantage go away with nullification of the seat? logically, a time lapse is required so that the assumed advantage can disperse so that when next the culprit presents himself for election it will be on equal footing with others. For malanji, how could he have been nominated without initially presenting his G12 certificate? He broke the law and should equally stay away while…

  2. UPND has managed to reconstruct ECZ by firing independent persons and now it is fully under their control. Under PF, ECZ were independent.

    To rig the election in advance, UPND has to stop Lusambo and Malanji from standing. Too cheap for democracy.

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    • Why whining while ignoring the provisions of the law that PF themselves made? Is this how we should think? Its not about Bowman or Malanji, but the law. Should we ignore the law for democracy to flourish? This will be unmoored thinking that can result in anarchy.

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    • But Malanji did not cause the nullification, he had a grade 12 certificate all along, unless you don’t have details of what transpired in court

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    • If ECZ under PF were independent, how come they allowed PF to swindle HH out of the 2015 and 2016 victories? You think we have forgotten about Ireen Mambilima?

  3. It seems ECZ didn’t make an independent decision. In Zambia when allied NGOs speak strongly about something it means someone is speaking through them. ECZ made a statement after Chipenzi demanded that they state their position

  4. Mandevu should know that one guy was caught red handed by the court for his known violence for many years, that one can not be eligible on any day, even his attempt to go for nominations is attributed to the same arrogant behavior

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  5. ECZ annoucement before nomination was in the public interest and to prepare the minds of the affected of the expected outcome. Shock causes people to act irrationally and that announcement prevented that. You should have been Kitwe to see the crowd that came for Joe’s nomination, all of them were ready for the outcome and did not react violently

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  6. If the Law disqualifies or nullifies according to article 72(4) or any other provision of the law it must also apply to candidates of PF and UPND must be disqualified because both caused this by-elections. it take two to tangle. second it must noted that laws are not made by the in Government but the people of Zambia through submissions and parliament. so it will not be PF or UPND laws but a Zambian laws.

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  7. For once Dr Sishuwa is WRONG. The law states that a person who is not a citizen of Zambia cannot be an MP. If the ECZ reiterated this when a non-citizen 48 hrs before filing hinted and indicated that he was going to file his candidature, how would the ECZ be wrong to help this misguided fellow to save him from wasting his time? The ECZ only read the law as it is. They did not direct it at any individual. The PF is a very stubborn and arrogant party and inspite of being buffeted by the Zamnbian people, they remain incorrigible. They should learn humility.

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    • He is correct there was no need for ECZ to make that announcement before the candidates filed their papers.

    • There is no harm in guding a blind man who is teetering over the edge of the cliff. You do not wait until he plunges to his death to help him.

    • THE SAINT – That’s like ECZ telling Lazy Lungu that he doesnt qualify to stand before he files his papers…that is not ECZ’s job

  8. kkkkkkkkkkkk baikolokofya wait see wina bamanamubamba so che oooookkkkk dilema dilema dilema circus and circus ifisela fyekafyeka.

  9. Our laws are flawed, if for example the law was clear on violent characters not contesting, then we could have caught that guy who organized his fellow thugs to beat up Major Kachingwe, the same guy who slapped Kambwili at parliament, the same guy who is alleged to have beaten somebody in the Roan bye elections resulting into death not to contest, the law simply needed to read that if one had a history of violence, he needed not contest, the court rightly nullifies his elections, and some people are surprised on a very straight forward issue

  10. This is for lawyers to argue about what comes first…………

    But the fact remains , those 2 are criminal suspects……….

    Until they clear their names , they should be suspended from public office………

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  11. Bottom line is whether article 72 existed or not lusambo and Malanji were going to be barred from standing…. one and only way was to convict them before nominations and quote another article that bars a felon from standing for public office.
    Upnd know that there’s no way Lusambo and Malanji can lose in these two constituencies.

    • Yes fight for your pals Bonanza and Bowman…what makes you think people will vote them again they don’t have govt machinery behind them and they have depleted their loot.

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    • Fo.ol I am not fighting for anyone but against political manipulation. If you have some brains you will admit that I had foreseen to this scenario even before Shindano was removed

    • TARINO ORANGE 12.1

      Iwe…. Its not about whether they will have enough votes or resources to win the elections. They are just exercising their rights to stand on the ballot. Here once again you are just showing your f000lishness, bitternes the frustrated life you have. Oh’ I forgot you are still mourning about your uncle who was left out by HH for a job. If your uncle was really good, he would have been picked by this time. Up to date HH is still struggling to appoint people in government and diplomatic missions, because the people who are there are useless.

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    • TARINO ORANGE @ 12.1

      Its not about whether they will have enough votes or resources to win the elections. They are just exercising their rights to stand on the ballot. Here once again you are just showing your f000lishness, bitterness the frustrated life you have. Oh’ I forgot you are still mourning about your uncle who was left out by HH for a job. If your uncle was really good, he would have been picked by this time. Up to date is still struggling to appoint people in government and diplomatic missions, because the people who are there are useless.

    • Zambia Today – You are not very smart you think someone living abroad dreams of a job in the Zambian embassy pushing pens and typing boring stuff on keyboards…really laughable …not everyone thinks like Elias Munshya who was sent to Oz. You must have left Zambia yesterday

    • Deja Vu – You are talking bollocks …where did you foresee anything? Did you go to your harvest of the weed again?

  12. It is amazing how every politician, every historian etc have now become experts in Law. In addition every journalist requesting for their opinions. Whether ECZ made a mistake or not is irrelevant now. Let the courts figure that out and clarify. All these people are placing UNDUE INFLUENCE ON THE JUDGES and LAZ did not help either.
    Let the courts clarify please and the rest of us just have to wait to see the outcome whether good or bad but as per the law.
    Even most of the bloggers have become experts ;;;;; lol

  13. To be honest i was waiting for the day when these two creatures would be unceremoniously removed from power.. even though i may not be happy with many of the upnds actions on this one i salute you- Ecl made a very big mistake to give these two dunderheads a position as high as a minister when all they deserved was to serve at party level..

    • Exactly. He is neither a lawyer nor a political scientist. He is a person merely exercising his opinion. His PhD and other degrees are in whatever area of history he memorised; they give no special insight into whether Malanji and Lusambo were validly barred from contesting or not. The law which bars these people from standing existed under PF, and PF was happy to use it when need be; as they say, he who sits on the road should expect to find flies on the way back. They made that bed, let them lie on it.

  14. The fact is that there was no judgement on eligibility on non eligibility in any Zambian court anywhere, , however there is still no vacuum as the law which governs such is in place. If you caused a nullification because of your violence, you are not eligible. But that one with Grade 12 certificate issues which we now have learnt that he actually has, I am not sure, because he did not cause the nullification

  15. Tarino Orange just pray that Upnd stays in until Jesus Christ comes. I can assure you it be worse for you if you happen to lose. You just devise ways to rig elections to keep you in power in perpetuity.

    • You are now just being vexatious …Number one I dont pray number two I dont support the party you mentioned number three even your Great Grandfather thought was duped into thinking that this man called Jesus was coming tomorrow. I am afraid you are advising the wrong person as it doesnt appy to me.

  16. Did the COn Court send a report to ECZ to instruct them that the two were not eligible?;No it did not. So where did ECZ get the idea of rejecting the nomination? From the online papers, one would conclude.

  17. My phone cannot access Lusaka Times… am I blocked. To counter the praise singers I have to borrow my friends handset. It’s a difficult one to type and post

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