Attorney General Likando Kalaluka has submitted that the petition by constitutional lawyer John Sangwa seeking to an order that the Electoral Commission of Zambia amends the affidavit for presidential candidates and running mates and include another paragraph, “I have not twice held office as President” will require an amendment of the law.
Constitutional Court judge Matthew Chisunka has since joined Kalaluka to the petition brought by Sangwa as the second intended respondent as it was important that he takes part in the proceedings being the custodian of public interest and ghief legal advisor of government.
In an affidavit in support of summons for joinder of a party to proceedings sworn by chief state advocate in the Attorney General’s chambers Josiah Simachela, the state said the petition raises public interest issues relating to the electoral process.
And in the second intended respondent’s list of authorities and skeleton arguments, the Attorney General stressed that if the prayer by Sangwa is granted, it has implications of amending the law as contained in the Electoral Process (General) Regulations, Statutory Instrument no.63 of 2016.
“This is an appropriate instance for the court to grant the intended second respondent’s application for joinder as the intended second respondent (Attorney General) has shown sufficient reason why he must be joined to these proceedings,” he stated.
In this case, State Counsel Sangwa has petitioned the Electoral Commission of Zambia in the Constitutional Court for omitting the part which requires a presidential candidate to state the number of times they have held office as President in its affidavit to be sworn by presidential candidates when filing in nomination papers.
He said all those wishing to be nominated for elections as President, member of parliament or councillor are required to comply with Article 52(1) of the constitution which provides that a candidate shall file their nomination papers to a returning officer supported by an affidavit stating that he or she is qualified for nomination in the manner, day, time and place set by ECZ.
Sangwa is seeking an order that the Constitutional Court commands the electoral body to amend the affidavit for presidential candidates and running mates and include another paragraph, which is in compliance with Article 106(3) of the constitution which must read “I have not twice held office as President”.
In the alternative, Sangwa wants ECZ to include another paragraph in the judgement of the court which shall satisfy Article 106(3) of the constitution.
In his petition, Sangwa stated that the current version of the affidavit for presidential/ running mates does not compel presidential candidates to address what was provided for in Article 106(3) of the constitution.
Sangwa further argued that the affidavit for presidential candidates and running mates does not meet the requirements of Article 52 of the constitution because it does not require a candidate in order to qualify for nomination as a presidential candidate to state on oath the number of times they have held office as president as required by Article 106(3) of the constitution. -The Mast