Africa-Press – Zambia. The Electoral Commission of Zambia (ECZ) has spoken on the printing of ballot papers. ECZ says it flighted tenders for the printing of ballot papers using the Open International Competitive Procurement system. This follows after ECZ indefinitely cancelled the By-Elections in Kabushi and Kwacha Constituency which were slated for 15th September, 2022.
According to a press statement issued by the Electoral Commission of Zambia Corporate Affairs Manager Patricia Luhanga, informing all electoral stakeholders and the general public that the decision to cancel the By-elections in the two constituencies is based on the ruling delivered by the High Court on 13th September, 2022, staying or suspending the election for Kabushi and Kwacha Constituencies respectively.
Brief facts of the matter are that, on 13th September, 2022, the High Court passed a ruling ordering the Electoral Commission of Zambia to postpone the parliamentary By-elections in Kabushi and Kwacha constituencies and hold fresh nominations.
This is in a matter involving former Kabushi Member of Parliament Bowman Lusambo and the former Kwacha Member of Parliament Joseph Malanji who made an appeal to the High Court after the Constitutional Court confirmed their right and eligibility to re-contest the By-elections which were slated for 15th September, 2022.
But the Electoral Commission of Zambia rejected their nomination papers stating that the duo does not qualify to re-contest in the forthcoming By-elections because their seats were nullified thus causing a vacancy in the National Assembly.
The Commission backed up their stance referring to Article 72 (4) of the Constitution of Zambia Amendment Act No. 2 of 2016 will therefore, not accept nominations from any candidates who caused a vacancy in the National Assembly.
“Article 72 (4) of the Constitution of Zambia Amendment Act No. 2 of 2016 states that (2) The office of a Member of Parliament becomes vacant if member; (h) is disqualified as a result of a decision of the Constitutional Court; (4) A person who causes a vacancy in the National Assembly due to the reasons specified under clause (a), (b), c, d, g, and h shall not, during the term of that Parliament (a) be eligible to contest an election.”
But the Law Association of Zambia argued with the stance by the Electoral of Commission of Zambia stating that the court merely nullified the seats of the duo without disqualifying them from taking part in the By-elections.
Furthermore, according to the Constitutional Court decision in The Law Association of Zambia vs The Attorney General 2021/CCZ/0051, where this issue was addressed, the Court stated that a nullification of a seat by the court is distinct and not the same thing as disqualification of a person.
The Constitutional Court nullified Bowman Lusambo’s seat citing electoral malpractices and violence, while Joseph Malanji seat was nullified citing that he does not possess a grade twelve (12) certificate. Meanwhile, this comes as many are asking if former legislators Bowman Lusambo and Joseph Malanji will appear on ballot papers.
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