STATEMENT ON MISLEADING CLAIMS REGARDING HON. BRIAN MUNDUBILE’S ELIGIBILITY
We have taken note of the growing misinformation being circulated regarding the eligibility of Hon Brian Mundubile to contest the Republican Presidency in the forthcoming general elections.
It is important to clarify, for the benefit of the public, that the qualifications for election to the office of President are clearly provided for under the Constitution of Zambia, which remains the supreme law of the land.
The Constitution sets out the eligibility criteria for any person seeking to be elected as President, including citizenship, age, academic qualifications, and other prescribed conditions.
Notably, the Constitution does not explicitly restrict presidential candidature solely to individuals sponsored by political parties but also as Independent Candidates.
While electoral regulations and administrative guidelines issued by the Electoral Commission of Zambia (ECZ) may provide procedural frameworks for nominations, it must be emphasised that subsidiary legislation cannot override or contradict the Constitution.
Where any regulation contradidicts a Constitutional right, such regulation or lawmust be tested against the supremacy of the Constitution as provided in Article one.
In this regard, interpretations suggesting that Hon Brian Mundubile cannot appear on the ballot are premature,misleading and legally contestable.
Furthermore, Hon. Mundubile remains eligible to contest the Presidency either through sponsorship by a duly registered political party such as FDD or as an Independent Candidate as provided for by the Constitution.
The highly misleading argument that he needs to be a President of the party is not only fraught but highly mischievous as the Constitution only requires that the candidate be sponsored by a political party.
We therefore urge members of the public and political commentators to refrain from spreading speculative assertions that can not be backed by law.
Ultimately, questions of eligibility are matters of law, not opinion, and where disputes arise, they are to be resolved through established legal and constitutional processes.
For the avoidance of doubt we will be publishing the Constitutional requirements for eligibility to the office of President of the Republic of Zambia.
Issued by
Elias Kamanga
Chairperson Information and Publicity
BM8/ECL Movement
ECZ has told you. Don’t say no one told you.