Macdonald Chipenzi

ALL ARE ELIGIBLE TO BE APPOINTED TO POSITION OF DCs.

There are debates that those who contested elections In the previous general election are ineligible to be appointed to public or civil service office as DCs, PSs etal

Others are citing that the President might have violatated the constitution for appointing losing candidates to position of DCs.

This is not correct as the constitution and there is not breach of the Constitution for appointing losing candidates to public/civil seevice office.

Those losing candidates can be nominated and appointed to these position of DCs, PSs, Ambassadors and High Commissioners or and board members or indeed Commissioners to Commissions such as Teaching Service Commission, Electoral Commission, Anti-corruption Commission among others.

The constitution in Art 69 guides that a person who was a candidate for election in the last preceding General Election or a subsequent by-election is not eligible to be nominated as a member of Parliament

Under this provision, such a losing candidate is only not eligible to be nominated as a Member of Parliament.

In addition, Constitution discusses a person who causes a by-election through resignation, disqualification, acting contrary to prescribed code of conduct, floor crossing.

The Constitution stresses that such a person shall not, during the term of that parliament eligible to contest an election or hold public office

This provision is the only one that outlaws a person who resigns, disqualified, causes a by-election from being appointed to public office or contest any election during the life of that council or parliament.

Further Art 55 further explains that a candidate who loses an election as a president, vice-president, member of Parliament or councilor is not eligible, during the term of that National Assembly or council, for appointment as Minister or provincial Minister

Therefore, there is nowhere in the constitution where one who contested an election and loses is not eligible for public office such in District commissioners, PSs, High Commisioner or commissioners for service commission.

I submit

McDonald Chipenzi

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