THE Constitutional Court has authorised the UPND to be joined as an interested party in a matter Livingstone magistrate Benjamin Mwelwa wants it to compel the Registrar of Societies to deregister any political party which came into existence following the Amendment of the Constitution on January 5, 2016 and has not promoted and practiced democracy through regular, free and fair elections within its political party.
Justice Mungeni Mulenga indicated that the UPND has sufficient interest in the matter.
The UPND in its affidavit in support of summons for joinder as an interested party sworn by party secretary general Stephen Katuka wants to join the petition as an interested party being Zambia’s largest opposition party.
Katuka said the petition by magistrate Mwelwa was targeted at all political parties of which UPND was the main opposition party, which warrants him to join the proceedings as an interested party.
“As an interested party, justice demands that I be joined to proceedings and be heard on matters for determination therein,” said Katuka.
When the matter came up for hearing of the joinder application in Chambers on May 28 before justice Mulenga, magistrate Mwelwa objected the joinder application, on grounds that UPND did not demonstrate sufficient interest to be joined to the petition.
He said it was important for a party intending to join proceedings to show its standing (locus standi) as an interested party in the matter but UPND did not shown their interest but only indicated that they are the main opposition political party in Zambia.
“My lady, the intended interested party cannot be joined to these proceedings as they are improper before this court,” he argued.
The electoral body did not object to the joinder application.
Justice Mulenga, in her ruling, said that the UPND had sufficient interest in the matter and accordingly granted the application to join as an interested party.
In this matter, magitarate Mwelwa has petitioned the Constitutional Court over the unconstitutional appointment of political party secretaries general and other party members by political party presidents.
Magistrate Mwelwa, who has sued the State in his capacity as a Zambian and cited the Attorney General in the matter as first respondent and the Electoral Commission of Zambia as second respondent, has argued that constitutions of political parties are not in conformity with the Zambian Constitution (Amendment) Act No.2 of 2016 as they have not promoted and practiced democracy through regular, free and fair elections.
In his petition, magistrate Mwelwa said that following the amendment of the constitution of Zambia (Amendment) Act No.2 of 2016, it is a requirement that political parties, inter alia, promote and practice democracy through regular, free and fair elections within their parties.
He said the said elections for all political parties in Zambia were to be conducted within 12 months from January 5, 2016 to January 4,2017.
Magistrate Mwelwa suggested that political parties’ constitutions should be in conformity with the Constitution of Zambia (Amendment) Act No.2 of 2016.
He noted that there is no political party’s secretary general in Zambia who has ever been elected since January 5, 2016 to January 4,2017 in compliance to promote democracy through regular, free and fair elections within their parties.
Magistrate Mwelwa said since January 4, 2017, all the political parties in Zambia have failed to practice democracy through regular, free and fair elections as provided for by law.
He stated that despite all political parties having failed to comply with the law, they have continued to exist and also participating in elections conducted by ECZ.
He stated that ECZ has conducted many elections and has allowed political parties which have ceased to exist to participate in those elections.
Magistrate Mwelwa is seeking a declaration that any political party which was registered as such came into existence after January 5, 2016 and which has not promoted and practiced democracy trough regular, free and fair elections within its political party to date has breached Article 60(2)(d) of the Constitution of Zambia (Amendment) Act No. 2 of 2016 therefore such a political party ceased to exist as o political party in Zambia.
Magistrate Mwelwa wants an order and declaration that the Electoral Commission of Zambia, having allowed the political parties which have ceased to exist to participate in elections conducted since January 4, 2017 is not only illegal but unconstitutional as such acts are in violation of Article 60(2)(d) of the of Zambia (Amendment) Act No. 2 of 2016 and also section 18(1) and (2) of the constitution of Zambia Act No. 1 of 2016.
He is seeking an order that the Registrar of Societies deregisters all political parties for having ceased to exist as political parties in Zambia on January 4, 2017.
Magistrate Mwelwa further wants an order that ECZ should not allow political parties which have ceased to exist to continue to participate in the future elections to be conducted as such acts will be in violation of Article 60(2)(d) of the constitution (Amendment) Act No.2 of 2016 and section 18(1) and (2) of the Constitution of Zambia Act No.1 of 2016.