Tuesday, June 25, 2024

ECZ to go ahead with Kabushi and Kwacha parliamentary By Elections despite ongoing Court Cases

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The Electoral of Zambia has announced that the delayed controversial Kabushi and Kwacha parliamentary by-elections on the Copperbelt Province will take place on Friday, 21st October 2022.

This is despite the ongoing court case in which former Kabushi Member of Parliament Bowman Lusambo and former Kwacha Member of Parliament Joseph Malanji are seeking to re-contest their old parliamentary seats.

The ECZ stopped Mr. Lusambo and Mr. Malanji from re-contesting the by-elections by refusing to get their nominations.

The two by-elections were initially scheduled to be held on 15th September 2022 but could not proceed due to a court ruling.

The Lusaka High Court on 13th September 2022 granted Mr. Lusambo and Mr. Malanji a stay for the by elections in Kabushi and Kwacha constituency not to proceed as planned on 15th September, 2022.

In a statement issued late on Tuesday afternoon, ECZ commissioners stated that the campaign period commences today and will go on until 21st October, 2022.

The ECZ statement did not touch on the pending court case regarding the disqualification of Mr. Lusambo and Mr. Malanji from the two by-elections.

ECZ commissioners, Ambassador Ali Simwinga, retired Major General Vincent Mukanda and Ambassador Ndiyoi Mutiti in a joint statement said the decision follows a meeting held to decide the Commission’s position on the two parliamentary by-elections.

“As the public may be aware, the by-elections for Kabushi and Kwacha Constituencies were scheduled to take place on 15th September 2022.However, the Commission could not proceed to conduct the by-elections following the High Court ruling delivered on 13th September 2022,staying/suspending the election for the two constituencies. Members of the public may also recall that two independent candidates had resigned from their candidature and that the said candidates have since rescinded their resignations,” the joint statement said.

The Commissioners said they were aware that the Constitution gives 90 days in which to conduct a by-election.

“In view of that, the Commission at a Commission meeting resolved that the poll date for the by-elections for Kabushi and Kwacha Constituencies shall be on Friday 21st October 2022. The polls will take place from 06:00 hours to 18:00 hours,” the statements said.

Four candidates filed their nomination in the Kabushi election while five candidates managed to file their nomination in Kwacha Constituency in August, 2022.

Meanwhile, the High Court had last month granted the prayer by former Kwacha PF Member of Parliament Joseph Malanji and his Kabushi counterpart Bowman Lusambo to suspend the by-elections in the two constituencies pending determination of the matter in which they have contested the Electoral Commission of Zambia’s decision to declare their nomination invalid.

Judges Mwape Bowa, Sharon Newa and Catherine Phiri ruled that though the High Court does not have the authority to make a determination on constitutional matters, Article 52(4) of the constitution gives it the power to handle challenges relating to nominations in an election.

The trio said proceeding with the by-elections would be of grave injustice to Mr. Malanji and Mr. Lusambo as there was a likelihood of disenfranchising the duo by the time their petition would be determined.

Earlier in September, the Constitution Court declared Bowman Lusambo and Joseph Malanji eligible to re-contest the Kabushi and Kwacha parliamentary by elections respectively.

Mr. Lusambo and Mr. Malanji had challenged in court the Electoral Commission of Zambia’s decision to reject their nomination to re-contest the Kabushi and Kwacha seat respectively.

30 COMMENTS

  1. These idi.ots they are busy talking about the rule of law yet doing the opposite, first time to witness an organization becoming more powerful then the courts of law. I have never seen such from the time Zambia got it’s independence, iam extremely disappointed. I have said it before and i will say it again we have a very useless government that pretends to understand the rule of law. Can we respect the constitution of Zambia.

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    • HH has officially blatantly announced to the nation that – “You Shall Not Respect The Law.” Therefore, enabling corruption. Corruption is not just embezzling funds in the government or a company. It’s performing acts such as what ECZ is doing, instigated by the president. Corruption is giving a “central important” cabinet job such as Information & Government Spokesperson to Ms Kasanda, who has no iota o an atom to do the job. I am for more women in the government. But she is probably the dullest cabinet member, in the history of the nation.

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    • Attention Fred M’membe
      You seem to understand the argument advanced by the ECZ, but you opted to omit the gist of the matter. The Zambian Constitution allows the ECZ to hold elections within a specified period of time. In view of such perimeters, the ECZ carefully considered the available time before the period in which elections should be held lapses. On the basis of this argument, the ECZ determined to hold elections on 21/10/2022. In your thesis, you decided to omit the crux of the matter, instead you chose to use a simplistic approach. I urge you and your likes to be balanced in your arguments. The ECZ has not done anything wrong. Notably, time is of essence in this matter. Viva UPND and viva HH

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  2. This has never happened in Zambia…. even mighty KK couldn’t dare go against the courts… I remember when he appointed Mr Chimba as eastern province MCC after Mr Chimba had lost in a parliamentary election…. after being advised that this was against the republican constitution, KK not only withdrew the appointment but apologized to the nation and Mr Chimba.

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    • Look at this one………

      Ati this has never happened before ?

      Your PF treated court rulings like toilet paper………….

      The court ruling on the post newspaper while the PF went on to dissolve it , comes to mind……..

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    • Really laughable when you touch his CB mates look at how heated he becomes…coming out with outlandish comments. KK’s was a one party state…do you not remember?

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  3. This nonsense has to do with the price of fuel…. the price has been kept low due to the by elections. Come Oct 31 we shall cry.

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  4. It’s shocking that a seasoned administrator and lawyer like Ali Derek Simwinga can be a part to this absurd decision. My advice to Simwinga is to resign from the ECZ and tell the truth. Whoever has leaned on the ECZ to arrive at such a decision will soon be exposed. There’s nothing much to say about this.

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    • Maybe Alimuzana has got some skeletons somewhere. Otherwise it’s surprising he can subscribe to such savage actions.

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  5. The rule of law is essential in maintaining a free, democratic and fair society.
    But We should not forget that rule of law is subjective and also objective, and it takes men of valor to make the situation understandable.

    It is that the subjective standard of rule of law requires the prosecutor to prove, beyond a reasonable doubt, that this accused intended his or her actions while the objective standard of rule of law requires the prosecutor to prove, beyond a reasonable doubt, that a reasonable person would have not acted as the accused did in the circumstances of the case.

  6. “Our house is the in order”. All politicians do it for their own survival. Losing a court case, an election or backtracking on an action is the biggest embarrassment they must avoid.
    Even when their institutions are in disarray, they must be “made” to be in order.

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  7. I think the ECZ are right based on this…..

    The Commissioners said they were aware that the Constitution gives 90 days in which to conduct a by-election.
    “In view of that, the Commission at a Commission meeting resolved that the poll date for the by-elections for Kabushi and Kwacha Constituencies shall be on Friday 21st October 2022. The polls will take place from 06:00 hours to 18:00 hours,” the statements said.

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  8. Politicising the clear mandate of the ECZ is not helpful to the Electoral process

    The setting of the date by the Electoral commission of Zambia (ECZ) to hold the halted KWACHA and KABUSHI parliamentary by-elections is timely to avoid a constitutional crisis in the country through unnecessary court cases just to ensure some individuals are in the ballot despite rejection of their nominations.

    A mere court case/proceeding devoid of a stay/an injunction is not binding on the activities of an institution like ECZ.

    The mere fact that there are multiple court cases going on in various courts against and by the ECZ and the mere lodgement of a case into court does not stop the ECZ from doing its normal functions unless the aim is to interfere with its mandate and lure it to commit the…

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  9. We already have an elctions crisis and they are busy talking about the Constitutional Crisis.
    All these delays, were caused by Hon. Haimbe who went to Court of Appeals (subordinate court) to challenge the Concourt (superior court) verdict on legibility. Now we must hurriedly beat 90 days’ window to avert a crisis. Laughable matter.

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  10. I like the 90 days justification. Because when you look at what happened when UPND was in opposition a winner was supposed be announced in 14 days of the appeal to the constitutional court yet the court under the government then gave excuses of preliminary issues and out of time. The judges were suppose to ensure they guide the court to have a final winner in 14 days announced. So here the judges in courts were supposed to ensure the court case is disposed off within 90 days actually way before 90 days or else when 90 days arrives elections have to take place

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  11. ECZ chooses to be mute on matters where it most matters. The’re partly to blame for the unnecessary delays.

    Let’s not allow this lawlessness from our leaders. Malanji and Lusambo must be rejected (if so) by the constituencies and not by the ruling party. Please, we must strive to do the right thing all the time. Unknowingly, New Dawn is campaigning for the fallen PF.

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  12. HH Aikona Man !
    This is shameful…..We did not usher you to power to become a joke. Let democracy speak for itself on the ballot.

  13. The Zambian Politics junggle is really confusing.
    Tufunsenko, was going to be a the right way to follow “Rule Of Law” had the ECZ ignored the 90 days instituted on them by Law, just to wait for the court to make a ruling?
    BTW: The Court did not say Malanji and Lusambo were eligible, the court just interpreted whether they were Disqualified or Not.
    Imagine. the ECZ had let the 90 days period lapse, What would have been your view, would you have condemned or patted them on their backs and said all is good?
    The path taken by ECZ, IMHO, is the most viable, ALTHOUGH POLITICALLY LEAST popular.

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  14. Welcome to the “new Dawn” way of doing things, the previous hired guns for UPND are now quiet or scampering out of the country for fear of being harmed by the wicked regime. Where are those that provided the so called checks and balances during the PF’s rule? They are all either wagging their tails between their legs or are in hiding in or outside the country.Shame

  15. Meanwhile, the High Court had last month granted the prayer by former Kwacha PF Member of Parliament Joseph Malanji and his Kabushi counterpart Bowman Lusambo to suspend the by-elections in the two constituencies pending determination of the matter in which they have contested the Electoral Commission of Zambia’s decision to declare their nomination invalid.

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