Africa-Press – Zambia. The Constitution of Zambia Amendment 2016 in Article 1(2) provides that “an act or omission that contravenes the Constitution is illegal”. This implies that by rejecting nominations of Hon. Malanji and Lusambo, ECZ acted illegally. This is the first illegality.
Furthermore, if ECZ omits to include Hon. Malanji and Lusambo on the ballot papers, it will be committing an illegality. This is the second illegality.
Additionally, if ECZ proceeds to run an election without including Hon. Malanji and Lusambo on the ballot, it will be running an illegal election. This will be the third illegality.
Finally, taking a leaf from the case of Simbyakula and Others, if ECZ proceeds to run an illegal election, the Commissioners and all staff involved in the election will be personally responsible to refund all funds spent on running an illegal election.
To avoid personal liability consequences for running an illegal election, I humbly advise ECZ that following today’s decision of the Concourt, the Commision should, without any further reference or directions of court, simply announce that the nominations of Hon. Malanji and Lusambo are valid and extend the campaign period for a reasonable time.
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