Saturday, June 22, 2024

Constitutional Court to determine whether the Electoral Commission of Zambia contravened the Constitution

Share

The Constitutional Court will on Monday determine whether the Electoral Commission of Zambia contravened the Constitution when it failed to cancel an election and call for fresh nominations Kabushi and Kwacha constituencies when independent candidates tendered their resignation on 12th and 13th September, respectively.

Article 52(6) of the Zambian Constitution require the Commission to cancel the election, call for fresh nominations and hold elections within 30 days after the holding of fresh nominations whenever a candidate resigns, dies, or is disqualified by a court before the date of an election.

During the hearing in Lusaka, the Electoral Commission of Zambia had told the Court that it did not cancel the election when candidates resigned because there was a High Court Order dated 13th September, 2022 stopping them to do anything with the Kabushi and Kwacha elections.

But Green Party President Peter Sinkamba and Governance Activist Isaac Mwanza said the Commission was under a mandatory obligation to cancel an election the moment they accepted the resignations on the 14th September, 2022.

During the hearing in Lusaka, the petitioners showed the Court that the said court order did not prevent the Commission from dealing with nominations that were held on 25th August, which have since become invalid upon resignation by candidates.

“In fact my ladies, the Commission proceeded to accept the resignations on 14th September, a day after the Court order was in effect. This shows the Commission deliberately made an omission to cancel an election before or during the time the court order was in effect,” said Green Party President Sinkamba

And during the hearing in Ndola, Mr Mwanza told the Court the excuse by the Commission that they could not do anything with the election was deliberately calculated to mislead the Court because the Commission have twice ignored the same Court order by setting a new election date, asking parties to campaign in addition to having accepted nominations while the order remain in place.

“The Commission has shown that it will neither respect the Constitution and is acting above the courts in Zambia. It’s omissions and decisions have not only continued to undermine the Constitution but to also showed total contempt against the courts of law,” he said.

And President Sinkamba asked the Court to allow him commence contempt proceedings at a later date against the three ECZ Commissioners who have shown contempt against the Constitutional Court.

The petitioners have since called on the Court to order for cancellation of elections in Kabushi and Kwacha constituencies because the nominations have become invalid due to the resignation of candidates on 12th and 13th September, 2022.

7 COMMENTS

  1. When you allow yourself to be a puppet and be played by a political puppeteer, you end up doing stranger things. ECZ should just be a neutral referee in these affairs than engage in partisanship which is pretty obvious for anyone with eyes to see.

  2. Corrupt upnd crooks, the lot of them. They are scared of our brothers lusambo and malanji.

    Today I am clubbing in Leeds. If you are Zambian and support pf, contact me pa social media and I will be your blesser for the night.

    Joseph nkole

    Pf hard-core supporter

    2
    2
  3. HH … come to your senses. You have put so much unnecessary pressure on ECZ to the point of grown matured men at ECZ, shamefully embarrassing themselves. Zambia is not a kingdom ruled by a king who can be the Alpha & Omega. If indeed you are popular on the grown in the copperbelt, then this should be a walk over beating Malanji and Lusambo. What are you scared of ?

    31
    1
  4. If we not careful and our judiciary gets compromised, this country will turn into a one party state. Court of Appeal was used to compromise elections, Concourt is failing to deliver judgment and if they will, it will be to endorse sham elections taking place

    2
    1
    • That’s why I don’t trust political leaders. While in opposition they promised to allow freedom, law and democracy to flourish.but put them in office…they become worse than the previous dictators

      3
      1
  5. Very shamefull and disapointing in the sense that ECZ is now being used like toys,they dont even know what to do and at the end some will be found wanting and will be jailed,so ECZ be very careful or else ukasiye bana in problems.

  6. According to the law of Zambia, the president can fire judges. It is a horrible law, but MMD should not have enacted it, and PF should not have abused it. I hope HH will use this law to clear the ConCourt, the high courts and other courts of all judges hired by PF

Comments are closed.

Read more

Local News

Discover more from Lusaka Times-Zambia's Leading Online News Site - LusakaTimes.com

Subscribe now to keep reading and get access to the full archive.

Continue reading