AG BACKS PETITION TO ERASE SECTION 92 OF ELECTORAL PROCESS ACT

By Hannock Kasama

Attorney General MULILO KABESHA has endorsed the petition to erase section 97 subsection two of the Electoral Process Act.

Section 97 subsection two of the Electoral Process Act stipulates that parliamentary or local government election results cannot be nullified without evidence that the victor was directly involved in electoral malpractices.

But Mr. KABESHA has contended that the evidential burden of Section 97 subsection two of the Electoral Process Act to prove whether or not the election victor was directly linked to malpractices defies Article 45 sub-article one and two of the Constitution.

He has further contended that the evidential burden of the law in question makes it impossible to nullify the election marred with violence or corruption.

Mr. KABESHA says violence or corruption must be enough to nullify the election results regardless of whether or NOT the victor was directly involved.

This is according to the Skeleton Argument filed in the Constitutional Court in LUSAKA.

The Skeleton Arguments are in reply to a Petition by a LUSAKA Resident JOSEPH BUSENGA who has sought the Constitutional Court to erase Section 97 subsection two of the Electoral Process Act.

Mr. BUSENGA filed the petition in the Constitutional Court in Lusaka, last month.

On the other hand Leader of the opposition in the National Assembly BRIAN MUNDUBILE and 23 other Patriotic Front -PF Members of Parliament are joinders to the case as interested parties.

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