CHAPTER ONE Foundation limited has amended its petition in the Constitutional Court against the decision by the Electoral Commission of Zambia to limit the voter registration for the 2021 elections to one month.
Chapter One Foundation through its chairperson Fr Cleophas Lungu has cited Attorney General Likando Kalaluka and ECZ as respondents in the matter, seeking an order that the electoral body carries out voter registration throughout the country.
This is in view of the pronouncement by ECZ on June 12, 2020 that the period for voter registration had been reduced from 60 to 30 days.
In its petition, Chapter One Foundation says government violated the Constitution by implementing the issuance of National Registry Cards (NRC) in a manner that contravenes the Constitution.
It said according to Article 128 (1)(b) of the Constitution of Zambia, the actions by government and ECZ were a violation of the Constitution, therefore the court had jurisdiction to determine the petition.
Chapter One Foundation said under Article 128(3)(b) of the Constitution, the decision made in the exercise of the legislative mandate to register citizens and register voters was unconstitutional.
It stated that government had been implementing the issuance of National Registration Cards to citizens pursuant to the National Registration Act chapter 126 of the laws of Zambia.
Chapter One Foundation said the registration of citizens in line with the National Registration Act chapter 126 of the Laws of Zambia had been accelerated by the policy of mobile registration in various parts of the country.
” The State, whether willingly or unwillingly, has not rolled the mobile registration in all parts of the country and the registration services are not uniformly available to all citizens,” Chapter One Foundation said.
The NGO argued that following the 2016 Constitutional amendment ,the electoral process ACT was amended to provide for continuous voter registration to be conducted by ECZ.
Chapter One Foundation said by taking actions not provided for in the Constitution, the ECZ had willfully or in ignorance of the law acted beyond Constitutional limits.
“The respondents in undertaking national registration and deciding to undertake voter registration have neglected to apply the principles that apply to the system of elections in Zambia which principles are mandatory,” Chapter One Foundation submitted.
It said ECZ violated the constitution when it directed that currently registered voters re-register to be eligible to participate in the elections.
“ECZ has violated the Constitution by deciding to conduct voter registration for next year’s elections over a period of 30 days,” the NGO stated. “Section 10 of the Electoral Process Act number 35 of 2016 sets out the grounds on which ECZ can deregister a registered voter.”
The NGO in its amended petition is seeking a declaration that the geographical limitation to the issuance of National Registration Cards would result in the disenfranchisement of many Zambians in contravention of national values and was therefore unconstitutional.
Chapter One Foundation is seeking a declaration that the limitation of the period within which voter registration will be conducted to 30 days was unconstitutional.
It wants the court to direct that the State implements the mobile issuance of NRCs throughout the country and that ECZ carries out continuous voter registration between elections.
The NGO is further seeking a declaration that ECZ’s decision and intention to stop currently registered voters from voting in the 2021 general elections and future elections is unconstitutional and therefore null and void.