Africa-Press – Zambia. The Electoral Commission of Zambia has 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.
Despite the ongoing chaos in the political sphere, the United Party for National Development (UPND) embarked on massive campaigns in both Kabushi and Kwacha constituencies with President Hakainde Hichilema taking a tour in the two constituencies on a five-day door-to-door campaign.
And during the campaign President Hichilema led campaign team met with various electorates, and the President assured the electorates of various reforms to be put in place in the two constituencies.
In Kitwe’s Kafue Park residential area, President Hichilema called for an immediate end to the illegal allocation of land as he warned the perpetrators that stern action will be taken against them. has called for an immediate end to the rampant illegal allocation of land in Kitwe’s Kafue Park residential area.
The President promised infrastructure development in areas such as Chantente that lack proper roads, schools and health facilities. President Hakainde also pledged to run his administration in a transparent and well-calculated manner that will ensure real development.
But the move by President Hichilema to campaign was condemned by the Socialist Party President Fred M’member stating that the five-day door-to-door campaign President Hichilema embarked on was at a very high expense to the taxpayer.
And the Patriots for Economic Progress (PeP) President Sean Tembo noted with concern the statement made by President Hichilema on Radio Ichengelo two days ago, stating that the only way his Govt can deliver development to the people of Kwacha and Kabushi is if they vote for UPND candidates.
Mr Tembo cited that such a statement is not only an affront to democracy but exemplifies the extent to which Mr Hichilema is a shallow-minded President.
Mr Tembo mentioned that the President should be reminded that the money which his government uses to take development to the people is contributed by taxpayers of different political affiliations including those from PeP, UPND, PF, Socialist, and therefore, the President has no right to segregate against constituencies that are held by opposition Members of Parliament.
Mr Tembo added that Mr Hichilema should be further reminded that the Zambian people have a right to affiliate with a political party of their choice without fear of persecution or reprisals, thus President Hichilema must immediately withdraw his threats of reprisals which he issued against the people of Kwacha and Kabushi. Going forward, the President should desist from issuing shallow-minded statements.
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