The Constitutional Court has dismissed Lusaka Lawyer, John Sangwa’s petition.

Lusaka Lawyer John Sangwa had raised a preliminary petition to compel the Electoral Commission of Zambia to amend the affidavit sworn by aspiring presidential candidates.

Sangwa had argued that the new version of Affidavit for Presidential Candidates/Running Mate had omitted or neglected to include the requirement of Article 106(3) which allegedly compels respondents to swear that; “I have not twice held office as President“.

Sangwa petitioned the court, seeking an order that the Electoral Commission of Zambia (ECZ) be commanded to amend the Presidential candidate/Running Mate affidavit.

He argued that the affidavit in its current version does not meet the requirement of Article 52 of the Constitution.

Sangwa was challenging Statutory Instrument No 63 of 2016 which was published in the Gazette on August 12, 2016.

But the Attorney General Likando Kalaluka said that there was no need for any amendment to the Presidential Candidate/Running Mate affidavit, in his answer to a petition filed by Constitutional lawyer John Sangwa.

Mr. Likando stated that Sangwa’s prayer for amendment of the affidavit does not take into account Article 106 (6) of the Constitution and the Constitutional Court’s pronouncements in the case of Dr Dan Pule and Others vs the Attorney General, Davies Mwila (PF Secretary-General), the Law Association of Zambia and Stephen Katuka (UPND) and Bampi Kapalasa and Joseph Busenga Vs the Attorney General cases in which President Edgar Lungu was declared eligible to contest the August 12 General Elections.

Kalaluka argued that Sangwa’s petition seeks to grant the court jurisdiction to draft legislation which jurisdiction directly flies in the teeth of Article 62, 128, and 177 of the Constitution.

“Accordingly, this court has no jurisdiction to entertain the petition,” he stated. “It is not a mandatory requirement to include the provisions of Article 106(3) of the Constitution of Zambia in the affidavit for Presidential Candidate/Running Mate Form No, Gen 4 as the said Article 106 (3) relates to the tenure of Office of President which is not provided for under Article 100 of the Constitution.”

Mr. Kalaluka in the alternative has argued that the part on the affidavit which states that: “I qualify for nomination as a Presidential Candidate and the disqualifications in Article 100 (2) do not apply to me” confirms that all the Constitutional requirements relating to the nomination of a Presidential Candidate have been met.

“In the premises, there is no need for any amendment thereof,” he said.

The Law Association of Zambia (LAZ) has commended political parties for accepting to attain a peaceful and non-violent agreement ahead of the August 12, 2021 general elections.

LAZ Honorary Secretary Sokwani Chilembo announced that the Association has engaged political parties to a meeting that will discuss a violent free election period.

In a statement issued to ZANIS in Lusaka, Mr. Chilembo confirmed that all political parties have agreed to take part in the process as the campaigns commence.

He disclosed that LAZ has scheduled two meetings to initiate a process to ensure a peaceful and non-violent environment among political parties, their supporters and the general citizenry before, during and after the general elections.

“LAZ would like to thank all political parties for agreeing to take part in this important process and commends them for the steps they have taken so far to ensure that this process is effectively concluded and actualized as the campaigns commence,” Mr. Chilembo noted.

The Law Association of Zambia is a statutory professional body created under Section 3 of the LAZ Act, Chapter 31 of the Laws of Zambia. Among the statutory objectives of LAZ are to promote the rule of law, democracy and good governance in Zambia.

The United Kingdom has pledged commitment to support the upcoming election process by working together with all Zambians in ensuring free, fair, credible and peaceful elections.

To prove this partnership, The British High Commissioner to Zambia, Nicholas Woolley has contributed K16 million to the United Nations Development Programme (UNDP) to directly support the preparations and delivery of the elections.

“I am pleased to announce that the UK is contributing £500,000 (approximately 16 million kwacha) to the “Democracy Strengthening in Zambia” (DSZ) programme, as managed by the United Nations Development Programme,” Mr Woolley said.

“As close bilateral partners, friends within the Commonwealth, and fellow members of the Global Community of Democracies, the UK has been a strong supporter of Zambia’s democracy for decades. Our development and diplomacy activities have supported Zambia’s elections processes over many years, in line with the fundamental rights and freedoms that Zambia’s Constitution provides its citizens. And this year will be no different,” he added.

According to a press statement issued to ZANIS in Lusaka today, the British high commissioner appealed to all political parties to uphold Zambia’s long-standing reputation for democracy and peace.

“There is no place for violence. Disagreeing with someone’s political affiliation is not a reason to hound them from their office, to commit physical harm, to forcefully disrupt radio broadcasts, or to damage their livelihood and property. All of us have a responsibility to discourage and call out violence in the strongest possible terms,” he said.

Mr Woolley said Zambians should get ready to forge a new sense of unity after the elections to care for the most marginalized and vulnerable in society.

Meanwhile, UK High Commission’s Development Director and responsible for the UK’s aid programming in Zambia Steve Beel noted that the upcoming elections have the potential to be the closest and most actively contested since Zambia’s Independence.

Mr Beel said the UK and wider international community look to the electoral processes as a key indicator of the health of democracy and the basis for our engagements in country.

“A key expectation is that all individuals, across the civil service, the electoral institutions, the media, wider stakeholders and public at large, can play their roles in this crucial democratic process, and be ready to get behind whatever government emerges after the elections to drive forward Zambia’s future development,” he added.

And UK’s Head of Elections Programming in Zambia, Markus Weimer said UK’s wider work with the civil society is designed to ensure Zambian citizens have the widest means possible to engage in the electoral processes.

Through the UNDP’s multi donor elections fund, the international community supports the government of Zambia to strengthen democracy through functional and inclusive electoral processes which is provided through the UNDP’s three-year Democracy Strengthening in Zambia (DSZ) programme.

The DSZ builds on previous UNDP-led electoral cycle support to Zambia, addresses challenges and incorporates lessons learnt from previous electoral cycles. The UK has actively engaged in the programme’s development and management processes.

The DSZ project is aligned with Zambia’s Seventh (7th) National Development Plan (7NDP) 2017-2021 in which the government of Zambia pledges to promote transparency, accountability, citizen participation, and strengthen governance institutions.