CONCOURT ASKED TO ORDER ELECTIONS FOR 9 PF SEATS
GOVERNANCE activist Isaac Mwanza has asked the Constitutional Court to order the Electoral Commission of Zambia (ECZ) to call for elections in respect of nine Patriotic Front (PF) parliamentary seats that were declared vacant.
The purportedly vacant seats are held by PF members – Ronald Chitotela (Pambashe), Nickson Chilangwa (Kawambwa), Emmanuel Mpankanta (Lupososhi), Christopher Kang’ombe (Kamfinsa), Remember Mutale (Chitambo), Brian Mundubile (Mporokoso), Stephen Kampyongo (Shiwang’andu), Mulenga Fube (Chilubi) and Mutotwe Kafwaya (Lunte).
Mr Mwanza also wants the court to declare that there is no challenge properly before any competent court by the “expelled” lawmakers contesting their expulsion as required under Article 72(5) of the Constitution.
He is seeking a declaration that vacancies in the nine constituencies remain valid and unchallenged.
Mr Mwanza also wants a declaration that under Article 57(1), as read together with Article 72(5) of the Constitution, the High Court’s jurisdiction to hear challenges against expulsion of lawmakers and the declaration of vacancies is limited to cases resolved within the 90-day period for holding a by-election.
He also wants a declaration that ECZ’s omission to conduct by-elections in the nine constituencies by September 25, 2024 contravenes Article 57(1) of the Constitution.
Mr Mwanza is also seeking a declaration that ECZ’s omission to set a date and time for holding by-elections in the nine constituencies after receiving notification of the vacancy from the Clerk of the National Assembly contravened Article 57(3) of the Constitution and is illegal and unconstitutional.
He is also seeking an order directing ECZ to conduct the by-elections within 30 days from the date of judgment in this particular case.
He is further seeking an order compelling the Attorney-General and the National Assembly to enact legislation within six months providing for the period for an MP to challenge their expulsion from a political party.
In the petition, Mr Mwanza has cited ECZ and the Attorney General as first and second respondents.
Zambia Daily Mail