ConCourt Clears ECZ

By Hannock Kasama

The Constitutional Court has ruled that the Electoral Commission of Zambia -ECZ- did not breach the constitution by not cancelling the by elections in Kabushi and Kwacha Constituencies after the suspension of the polls by the High Court.

In a majority judgment delivered this afternoon, the court says Article 52 sub article 6 that deals with the cancellation of nominations must not be interpreted in isolation but with other provisions of the Constitution.

The court has further dismissed the plea on whether or not it would be illegal to hold the two by-elections after 90 days as prescribed by the Constitution.

This is in a matter where Green Party President PETER SINKAMBA and Governance Activist ISAAC MWANZA asked the Constitutional Court to compel the ECZ to conduct fresh nominations and by- elections for KABUSHI and KWACHA Constituencies on October 27 or before November 2nd, 2022.

The majority judgment was read by Constitutional Court Judge ANNIE SITALI.

However the minority judgment read by Judge MUGENI MULENGA castigated the ECZ for coming up with a new election date while there are pending litigations before the High Court and Court of Appeal over the validity of the August 25 nominations.

The litigants are former KWACHA Member of parliament JOSEPH MALANJI and his KABUSHI Counterpart BOWMAN LUSAMBO.

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