Africa-Press – Zambia. Socialist Party President Fred M’membe has welcomed the Constitution Court ruling that has declared Bowman Lusambo and Joseph Malanji eligible to re-contest the Kabushi and Kwacha parliamentary by elections respectively.
Mr. Lusambo and Mr. Malanji had challenged in court the Electoral Commission of Zambia’s decision to reject their nomination to re-contest the Kabushi and Kwacha seat respectively.
Dr M’membe said the Constitutional Court has redeemed itself after wrongfully nullifying the Kwacha and Kabushi parliamentary seats. He vowed that the Socialist Party will do everything possible to ensure that Mr Malanji and Mr Lusambo win back the seats that were unjustly and unfairly taken away from them.
“We welcome the Constitutional Court’s decision to mitigate its wrong decisions on the nullification of the Kwacha and Kabushi parliamentary seats. It was injustice to have nullified those seats in the first place. It would be a gross injustice not to allow Mr Joseph Malanji and Mr Bowman Lusambo to re-contest those seats.And the Electoral Commission of Zambia has really disgraced itself. It will be very difficult for it to win back public trust. And as we had clearly and emphatically stated, it was these injustices that moved the Central Committee of the Socialist Party not to field candidates in these two constituencies but to support Mr Malanji and Mr Lusambo.”
“As Dr Ernesto Che Guevara aptly put it, “If you tremble with indignation at every injustice then you are a comrade of mine. Above all, always be capable of feeling deeply any injustice committed against anyone, anywhere in the world. The true revolutionary is guided by great feelings of love.”For us the emotions that saturate our political decisions and revolutionary actions – love for justice, hatred of injustice – relentlessly challenge and undermine the intersections between law and injustice in our country,” Dr. M’membe said.
“We will do everything possible to ensure that Mr Malanji and Mr Lusambo win back the seats that were unjustly and unfairly taken away from them. And we call upon all Zambians of good will, whatever justified displeasure or distaste they may have with or for Mr Malanji and Mr Lusambo, to support justice and ensure that justice prevails by helping them win back their seats.For us, there is no choice between being principled and unelectable; and electable and unprincipled. We should win because of what we believe in. A new and complex era such as this requires principles more than ever. Political ideas, political manoeuvres are worthless if they are not inspired by noble, selfless sentiments. Likewise, noble sentiments are worthless if they are not based on correct, just and fair ideas,” he said.
“We have chosen to defend certain principles that are of tremendous value at a time of confusion and opportunism in our country, a time when many politicians are feathering their own nests.We also want to re-emphaise that our support for Mr Malanji and Mr Lusambo doesn’t mean we are in an alliance or pact with the Patriotic Front. We don’t need alliances or pacts to fight injustice and offer solidarity to victims of injustice. We believe in being there for others even if there’s nobody there for us,” Dr. M’membe stated.
Candidates filed nominations last month ahead of the 15th September by elections in Kwacha and Kabushi Constituencies. Meanwhile, electoral expert McDonald Chipenzi said the Constitutional Court judgement is not convincing but must be respected as it helps in the legal reform agenda of the electoral process.
Mr. Chipenzi said the idea of nullification of an election is to fight electoral corruption and punish offenders by not allowing them stand again the life of that parliament or council.
“The ruling has put the debate to rest on whether or not people whose election has been nullified can re-contest their seats.Though not convincing a judgement, it must be respected as it helps in our legal reform agenda in the electoral process.
The idea of nullification of an election is to fight electoral corruption and punish offenders by not allowing them stand again the life of that parliament or council as provided for in Art 72(4) and 157(3).I agree with Prof Margaret Munalula’s dissenting judgement in this case which is in line with the spirit and letter of the Technical Committee Drafting the New Zambian Constitution (TCDZC) report, a committee constituted by late President Michael Sata. However, the court in its judgment has shied away from nullifying the nominations and ordering or calling for fresh nominations to accommodate the duo,” he said.
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