Africa-Press – Zambia. Constitutional lawyer Tresford Chali has described government’s decision not to conduct a by-election in Mpika after the death of Town Council Chairperson as illegal and inconsistent with the law, regardless of the time constraints cited.
On Friday, government announced that no by-election would be held following the death of Mpika Town Council Chairperson Morgan Musoma citing the proximity of the general elections, as well as concerns over cost despite constitutional provisions under articles 56, 57 and 158, which require a by-election to be conducted within 90 days of a vacancy.
But Mr. Chali maintains that the law must be followed strictly, noting that the country has not yet entered the 180-day period before the general elections during which by-elections are restricted.
He warns that relying on financial considerations and timelines to depart from statutory requirements outlined in article 57(2) sets a dangerous precedent, arguing that such decisions risk undermining rule-based governance and could lead to constitutional and electoral law violations.
Meanwhile, Zambia Civil Liberties Union-ZCLU Executive Director Isaac Mwanza has defended government’s decision, describing it as sound and praising authorities for being considerate in their decision-making in light of the country’s competing needs.
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