The Law Association of Zambia (LAZ) has explained that it would not be unconstitutional for the ruling Movement for Multiparty Democracy (MMD) and opposition political parties to agree to support one candidate for presidency without holding presidential elections.
LAZ president, Elijah Banda however said it was currently necessary for the country to hold the presidential by- elections because some opposition political parties have already indicated willingness to contest.
The parties that have shown interest to contest the elections are Patriotic Front (PF) and the United Party for National Development (UPND).
Mr. Banda told ZANIS in an interview in Lusaka today that it would not be unlawful if on the day of filing in presidential nominations, the ruling MMD and other opposition parties nominate one candidate.
“It would not be unconstitutional or illegal if all the political parties choose one person because it means on the day of nominations and elections, the chosen candidate will go unopposed,” he said.
He however said it was necessary under article 39 of the Constitution of Zambia for the country to hold the presidential by-elections within 90 days as some opposition political parties have indicated that they will participate in the elections.
Some leaders from the ruling MMD have proposed that opposition political parties should forego presidential by-election and instead rally behind acting President Rupiah Banda in November this year.
But major opposition political parties yesterday opposed the suggestion by the MMD saying it would be suicidal for political parties to forego the by-election and choose to support Mr. Banda.
The opposition political parties noted that it would not be good for Zambia to abrogate its own constitution and do something else through a transitional government without conducting a presidential by-election.
And various stakeholders have also insisted that the presidential by-elections should be held in line with the constitutional provision regardless of the costs involved.
The United Party of National Development (UPND) and the Patriotic Front (PF) have indicated that they will contest the by-elections while the New Generation Party, All People’s Congress (APC) and the Forum for Democracy and Development (FDD) have backed out of the race.
The presidential seat fell vacant after the death of President Levy Mwanawasa on Tuesday, 19th August 2008, at Percy Military Hospital in Paris, France.
Dr Mwanawasa’s second and final five year term of office was due to end in 2011.
The victor in the presidential by election will serve the remainder of the late Dr Mwanawasa’s term before being subjected to another national election if readopted by the sponsoring party in 2011.
ZANIS/YK/KSH/ENDS.