Africa-Press – Zambia. Article 52 (6) states “where a candidate dies, resigns or becomes disqualified in accordance with Article 70, 100 or 153 or a court disqualifies a candidate for corruption or malpractice, after the close of nominations and before the election date, the Electoral Commission shall cancel the election and require the filing of fresh nominations by eligible candidates and elections shall be held within *thirty days* of the filing of the fresh nominations.”
There has been a huge debate on the implication of the above Article in the August 12 General Election With fears and uncertainties that the Election date might be changed to another date especially for presidential election.
Unfortunately, that is baseless and unfounded fears and narrative in my view. Our general election is entrenched and even a declared holiday under Article 56 of the Constitution.
But what does Article 52 (6) imply in an event of death, resignation and disqualification vis-a-vis election date for the August General Election? It has no effect and cannot shift the date because the Article has a cap or caveat to the holding of nominations and fresh election. This is so because the cancellation and fresh nominations must happened before the Election date for the August 12 General Election.
It says “where a candidate dies, resigns or becomes disqualified after the close of nominations and before the election date, the Electoral Commission shall cancel the election and require the filing of fresh nominations by eligible candidates and elections shall be held within *thirty days* of the filing of the fresh nominations.”
Therefore, the catch phrase is “within 30 days”, which can be a day, 2 or a week as long as it falls within 30 days to the election date of the general election, in this case, August 12 General Election, election can be held.
To this end, all electoral actvities such as cancellations and fresh nominations must be done targeting the *within 30 days* to the August 12 General Election not outside this entrench date in the Constitution which no authority or power, outside an amendment by the National Assembly, has power to shift it.
So the excitement from some quarters that the general election mighty be shifted to later date 30 days post the general election date an event of a presidential candidate dying, resigning or being disqualified has no basis at or force of law. It is a constitutional impossibility.
I urge all political parties and candidates to just campaign hard ahead of the election as postponement is not possible but cancellation, fresh nominations and election can be called at short notice to meet the August 12 General Election date.
