Kwacha and Kabushi by-election has taken a new twist as citizens petition the Constitutional Court to order cancellation of the suspended election and call for fresh nominations.
Green Party President Peter Sinkamba and Governance Activist Isaac Mwanza has told the Court that any holding of the by-elections outside the 90 days will be illegal as the Constitution has not provided for extension of the timeframe by any person, State organ or State institutions.
The last day for holding a by-election in Kabushi Constituency is 27th October, 2022 while the last day for Kwacha by-election is 2nd November, 2022.
The petitioners contended that if the period for holding the by-election in Kabushi and Kwacha constituency expires, the implication is that they will not be representation of the people in Kabushi and Kwacha the Constitution has not given any institution to extend the 90 days.
The petitioners told the Court that the Electoral Commission of Zambia made an omission by failing to cancel the election on 14th September, 2022 after accepting resignations by candidates in the Kwacha and Kabushi by-election.
The petitioners said the 90-day timeframe for holding by-elections in Kwacha and Kabushi Constituency which fell vacant is prescribed by the Constitution and cannot be enlarged by any person, State organ or State institutions.
The duo stated in a court filing that the prescription of the 90-day timeframe for holding by-elections was meant to cure prolonged uncertainty in which parliamentary seats remained vacant thereby depriving the people of representation in the National Assembly.