DISMISS PETITION AGAINST RUNNING MATE FOR INCOMPETENCE – AG
Attorney General Likanda Kalaluka has asked the Constitutional Court to dismiss the petition against Presidential running mates for being incompetent.
In a notice of motion to raise preliminary issues, the Attorney General asked the Court to inquire whether or not the petition should be dismissed for being incompetent on the basis that running mates are not amenable to Article 52 of Zambia.
Mr Kalaluka said the Presidential running mates are not mentioned anywhere in Article 52.
“The running mate is not a candidate as per definition of the term candidate under Article 266 of the Constitution of Zambia,” said State Counsel Kalaluka.
He further argues that the running mates are not required to be voted for independently but relies on the Presidential candidate as per provisions of Article 110(3) of the Constitution.
In this matter, Sishuwa Sishuwa and Alfreda Chileshe Kanda petitioned the Constitutional Court to nullify the nomination of Professor Nkandu Luo, Mutale Nalumango and 6 Others for not having met the conditions required by the Constitution and the Electoral Process Act for filing of valid nomination.
According to Article 52(6) of the Constitution, whenever a candidate is disqualified by the Court for not having met the requirements for nominations as a candidate, the Electoral Commission of Zambia is mandatorily required to cancel the nominations, call for fresh nominations by eligible candidates and the Election is then held within 30 days from the date of fresh nominations.