Friday, June 14, 2024

ECZ Cancels By-Elections In Kabushi and Kwacha Constituencies

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The Electoral Commission of Zambia has indefinitely cancelled the By-Elections in Kabushi and Kwacha Constituency which were slated for 15th September, 2022.

According to a press statement issued by the Electoral Commission of Zambia Corporate Affairs Manager Patricia Luhanga, informing all electoral stakeholders and the general public that the decision to cancel the By-elections in the two constituencies is based on the ruling delivered by the High Court on 13th September, 2022, staying or suspending the election for Kabushi and Kwacha Constituencies respectively.

Brief facts of the matter are that, on 13th September, 2022, the High Court passed a ruling ordering the Electoral Commission of Zambia to postpone the parliamentary By-elections in Kabushi and Kwacha constituencies and hold fresh nominations, this is in a matter involving former Kabushi Member of Parliament Bowman Lusambo and the former Kwacha Member of Parliament Joseph Malanji who made an appeal to the High Court after the Constitutional Court confirmed their right and eligibility to re-contest the By-elections which were slated for 15th September, 2022 but the Electoral Commission of Zambia rejected their nomination papers stating that the duo does not qualify to re-contest in the forthcoming By-elections because their seats were nullified thus causing a vacancy in the National Assembly.

The Commission backed up their stance referring to Article 72 (4) of the Constitution of Zambia Amendment Act No. 2 of 2016 will therefore, not accept nominations from any candidates who caused a vacancy in the National Assembly.

“Article 72 (4) of the Constitution of Zambia Amendment Act No. 2 of 2016 states that (2) The office of a Member of Parliament becomes vacant if member; (h) is disqualified as a result of a decision of the Constitutional Court; (4) A person who causes a vacancy in the National Assembly due to the reasons specified under clause (a), (b), c, d, g, and h shall not, during the term of that Parliament (a) be eligible to contest an election.”

But the Law Association of Zambia argued with the stance by the Electoral of Commission of Zambia stating that the court merely nullified the seats of the duo without disqualifying them from taking part in the By-elections.

Furthermore, according to the Constitutional Court decision in The Law Association of Zambia vs The Attorney General 2021/CCZ/0051, where this issue was addressed, the Court stated that a nullification of a seat by the court is distinct and not the same thing as disqualification of a person.

The Constitutional Court nullified Bowman Lusambo’s seat citing electoral malpractices and violence, while Joseph Malanji seat was nullified citing that he does not possess a grade twelve (12) certificate.

Despite the ongoing chaos in the political sphere, the United Party for National Development (UPND) embarked on massive campaigns in both Kabushi and Kwacha constituencies with President Hakainde Hichilema taking a tour in the two constituencies on a five-day door-to-door campaign.

And during the campaign President Hichilema led campaign team met with various electorates, and the President assured the electorates of various reforms to be put in place in the two constituencies.

In Kitwe’s Kafue Park residential area, President Hichilema called for an immediate end to the illegal allocation of land as he warned the perpetrators that stern action will be taken against them. has called for an immediate end to the rampant illegal allocation of land in Kitwe’s Kafue Park residential area.

The President promised infrastructure development in areas such as Chantente that lack proper roads, schools and health facilities.

President Hakainde also pledged to run his administration in a transparent and well-calculated manner that will ensure real development.

But the move by President Hichilema to campaign was condemned by the Socialist Party President Fred M’member stating that the five-day door-to-door campaign President Hichilema embarked on was at a very high expense to the taxpayer.

And the Patriots for Economic Progress (PeP) President Sean Tembo noted with concern the statement made by President Hichilema on Radio Ichengelo two days ago, stating that the only way his Govt can deliver development to the people of Kwacha and Kabushi is if they vote for UPND candidates.

Mr Tembo cited that such a statement is not only an affront to democracy but exemplifies the extent to which Mr Hichilema is a shallow-minded President.

Mr Tembo mentioned that the President should be reminded that the money which his government uses to take development to the people is contributed by taxpayers of different political affiliations including those from PeP, UPND, PF, Socialist, and therefore, the President has no right to segregate against constituencies that are held by opposition Members of Parliament.

Mr Tembo added that Mr Hichilema should be further reminded that the Zambian people have a right to affiliate with a political party of their choice without fear of persecution or reprisals, thus President Hichilema must immediately withdraw his threats of reprisals which he issued against the people of Kwacha and Kabushi. Going forward, the President should desist from issuing shallow-minded statements.

24 COMMENTS

  1. I believe they have plan B. Using the ACC to arrest the 2 and simply put them away. As dangerous as the move will be to HH’s name and commitment to upholding democracy they will still forge ahead to make sure Lusambo and Malanji dont stand. Of course using my hard earned money.

  2. “……made by President Hichilema on Radio Ichengelo two days ago, stating that the only way his Govt can deliver development to the people of Kwacha and Kabushi is if they vote for UPND candidates…..”

    What the president means is………

    You have had PF for the past 10 years , yet you still have irratic water and drainage systems……….all you were getting was cash handouts………

    Only a UPND MP can deliver real development

    3
    31
    • Development shall /must be distributed equally to every constituent regardless of the MP or political party representing the area.
      HH is a president for all Zambians including areas that did not vote to give him a UPND MP. In the past, MMD & PF all used these blackmailing tactics.

      It’s disappointing to hear HH using this language because he vehemently/strongly condemned this type of politics, of intimidating constituents that if you don’t give us an MP from our party, then development will not arrive. It’s blackmail, heartless and satanic.

      48
      1
    • The president is meaning the caliber of PF MPs ………..

      if the people of kapushi and kwacha vote for a UPND MP, they will notice development because the MPs are different from PF MPs , who only know cash and meali meal hand outs………

      Look at kapushi and kwacha ……..10 years of PF yet unemployment and depriverty is everywhere

      3
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    • During lungus term………..

      HH strongly condemned the language of

      ” kasaka kandalama ”

      As used by lungu………implying cash handouts only if people vote PF as opposed to development

      3
      3
    • #SPAKA

      You are no match to #INDEPENDENT OBSERVER in so many ways, and i will not go in details and most people can see including UPND bloggers>>>> He has outclassed you at every goal post. I remember I/O telling you to evict him from your head, to let go, or something like that.>>> I have followed your banter, exchanges, your comments in reply to I/O, and it appears like he gives you stress & sleepless nights . I mean the upvotes and downvotes says it all. Just chill out. Don’t let it consume your life. >>>>

  3. The most important news item that’s missing is that ECZ had secretly printed the ballot papers for the canceled elections. These things just don’t happen. ECZ has always involved various stakeholders that include candidates whenever they print ballots for any election. This is another strange occurrence at ECZ, apart from the statement to announce which candidates they were not going to accept nomination papers from. My advice to those that are making these decisions on behalf of the ECZ is that they should immediately desist from such as the consequences will be too ghastly. He has now suspended the DPP, it’ll trigger more legal debate. It’s stopped making sense

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  4. Spaka I will find time to respond you…busy with my UBER driving….I don’t normally call people *****sss but for you I will make a reservation…..you’re a lost soul young man try to find something meaningful to do with your life

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  5. ECZ is now a shame.. Ever since Esau Chirwa and shindano were kicked out, ECZ has become one of the most embarrassing organ of the Govt.. The world is laughing at us. The last ECZ has seen smoothly without fear or favor change of Govt. We were a shining example. Now it’s a shameful site.. It’s just like a pappet. Bring Esau chirwa back

  6. I told you………….

    Just like how the bibles versus are told in different parables by different pastors……..

    That constitution that was signed with closed eyes is read differently all sides………

    And there are many sides, each with their own version of what is meant in the constitution………….

    A constitution that changes meaning like a chameleon…………

    It is a crap , rubbish, corrupted constitution……….

    1
    4
  7. LAZ have their own version of the meanings in the constitution

    Statehouse have their own version of the meanings in the constitution

    The courts have their own version of the meanings in the constitution

    PF have their own version of the meanings in the constitution

    Civil bodies have their own version of the meanings in the constitution………..

    What a constitution………….

    Who oversaw this same constitution ??

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    • @Spaka, I pretty sure you are smarter than you are pretending to be What in the world are you saying or insinuating here. Constitutions MUST be written with such precision that they don’t need any interpretation, is that what you suggesting? Can you point to one, just one, country with such a Constitution? A Constitutional is basically a LAW, and just like any other law, there will always be differences in the understanding of the laws that people come to. With this in mind, HUMAN BEINGS (including Zambians) thought it wise to establish an institution called the COURT to render a final verdict on these issues. So whatever other versions may exist in your head are, the only version that carries the day is that of the COURT. In a Democracy, Courts were invented/established solely for that…

      28
    • Yamba………

      Pleas……..

      Just say it is a new constitution……
      And maybe it Is evolving…..

      Otherwise there is no country with such an ambitious constitution……

      A constitution full of ambiguities is a half baked constitution……

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  8. Does the president even need to campaign away from his home for one week?
    I thought he has scored a lot in the past one year in power. Can’t his achievements speak for themselves? He has done Wonders, why don’t Kwacha and Kabushi people see the President’s effort?

  9. Who superintended over the ballot printing from ECZ?
    Who among aspirants oversaw the genuineness of the electoral materials?
    Is there the Chairperson at ECZ?
    Do we have the Chief Electoral Officer, CEO, of ECZ?

  10. The UPND chaps hell-bent and that keep disrespecting the outcome of court judgements will destroy HH’s reputation. The cattle boy the world has come to know and the new-kid-on-the-block who has received international support will soon be called undemocratic by the same people praising him. The world has changed, Global-Market-Makers don’t like leaders perceived to be dictators, ruthless and undemocratic. This can squeeze Zambia frozen from International Variant Markets. So far they have started question HH’s style of leadership. HH is sounding nice with his right hand, while doing the opposite with his left hand.

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  11. the so called judges /lawyers of the high ranking organised cartel working against the the new dawn govt simply becuse of the govt’s stance to eliminate crruption which these cartelled /crooks dont want to be eliminated because they take corruption as the easiest and fastest way to become rich. Even a green frg knows that the ECZ was right to reject the nomination of the two who cause vacances. Asthins stand we dont know the act that shall back the duo because the ECZ is nt yet ammended

  12. the so called judges /lawyers of the high ranking organised cartel are just working against the new dawn govt simply becuse of the govt’s stance to eliminate crruption which these cartelled /crooks dont want to be eliminated because they take corruption as the easiest and fastest way to become rich. Even a green frog knows that the ECZ was right to reject the nomination of the two who had caused vacances. As things stand, we dont know which act that shall back the duo fr their because the ECZ act is nt yet ammended and still states thate ‘one who causes a vacancy is not allowed.’ Plz maintain sanity in our country.

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