THE conviction and jailing of National Democratic Congress (NDC) leader Chishimba Kambwili by the Lusaka magistrates court disqualifies him from contesting as President or any other political office, Lusaka lawyer Tutwa Ngulube has said.
Mr Ngulube who is Kabwe Central Member of Parliament and Deputy Parliamentary Chief Whip says the constitution read with the Electoral Commission of Zambia (ECZ) and Electoral Process Act, disables Mr Kambwili from standing as a candidate or being employed on the basis of the conviction.
Mr Ngulube told Millennium Radio yesterday that this disqualification can only not stand if the conviction slapped on him by Lusaka Magistrate David Simusamba is over-turned by a higher court on appeal.
He said on this basis of being a convict, Mr Kambwili cannot even be allowed by the Electoral Commission of Zambia to file in nominations.
If you are serving any jail sentence, you are disqualified not just standing from standing as a candidate and even from getting any job in the country.
“Once found guilty by the court of law and unless the conviction is overturned by a superior court on appeal, the conviction remains a disability and a disqualification at the same time,” Mr Ngulube said.
So legally speaking, he said, you are disabled. You can not be allowed to stand, it is a disqualification, for presidency and any political office. The conviction has the ability to deprive you of the privilege to stand as a candidate. The mere fact that you are a convict, ECZ can not even allow you file in nominations.
“No time frame, according to article 100, once convicted, it’s done. Unless he appeal and the court set aside the ruling (conviction) after considering evidence.
But in Kambwili’s case, he might get more years after his appeal because the Judge was very lenient with him. For the crimes he commited, he was actually supposed to be jailed for not less than seven (7) years,” Mr Ngulube said. -Daily Nation