CHAPTER ONE FOUNDATION PRESS RELEASE DATED 12TH OCTOBER 2022 ON THE DECISION OF THE ELECTORAL COMMISSION OF ZAMBIA TO PROCEED WITH ELECTIONS IN KWACHA AND KABUSHI CONSTITUENCIES
Chapter One Foundation promotes and protects human rights, social justice,
constitutionalism, and the rule of law in Zambia, primarily through public interest litigation, advocacy, and capacity building. Our aim is to promote and protect the Constitution and the rights included in it and by so doing, free the space for Zambians to fully participate in the
democratic governance of their country.
We note with concern the decision of the Electoral Commission of Zambia (ECZ) to proceed with the byelections in the Kabushi and Kwacha constituencies despite the fact that there is still an ongoing court case in which the occupancy of the seat is in question.
The ECZ has that the reason for this decision is the fact that the Constitution requires a byelection to be held within 90 days of the occurrence of a vacancy in the office of Member of Parliament.
In arriving at its decision to stay the elections, the High Court was aware of the requirement that a by-eection be held within 90 days of a vacancy. The Court addressed its mind to this requirement and decided that the elections be suspended/stayed until the determination of the matter before it.
To our knowledge, the stay ordered by the High Court, as correctly cited by the Commission, has not been discharged. Subsequently, the decision by the ECZ to proceed with the by-election is not ony presumptuous as to the outcome of the court case but is all in direct contravention of a court order. This is subsequently a violation of the rule
of law.
In our democracy, the courts wield the sole power to interpret and enforce theprovisions of our Republican Constitution. While institutions such as the Electoral Commission of Zambia
have Constitutionally defined powers, these must always be exercised within the limits of the law.
In this case, the power of the Commission to appoint a date for the Kabushi and Kwacha by-elections has been suspended by the High Court through a legal and legitimate process.
The Electoral Commission of Zambia is established to implement the electoral process and conduct elections. In carrying out its constitutional mandate, it is imperative that the Commission inspires confidence in the integrity of the electoral process.
The integrity of the Electoral Commission of Zambia and confidence the public has in its operations are dependent on the sagacity it exhibits in such situations. In addition, the Commission is obligated to ensure that the electoral process is free and fair.
Fairness includes abiding by the
orders of constitutionally established Courts and in so doing, promoting the rule of aw. The fate of our democracy is dependent on the way election administrators manage the various
interests at play.
When democracy and the rule of law win, the people of Zambia emerge victorious.
Linda Kasonde
Executive Director