CONCOURT RULING ON ECZ REJECTION OF NOMINATION PAPERS OF MALANJI & BOWMAN
The ruling has put the debate to rest on whether or not people whose election has been nullified can re-contest their seats.
Though not convincing a judgement, it must be respected as it helps in our legal reform agenda in the electoral process.
The idea of nullification of an election is to fight electoral corruption and punish offenders by not allowing them stand again the life of that parliament or council as provided for in Art 72(4) and 157(3).
I agree with Prof Margaret Munalula’s dissenting judgement in this case which is in line with the spirit and letter of the Technical Committee Drafting the New Zambian Constitution (TCDZC) report, a committee constituted by late President Michael Sata.
However, the court in its judgment has shied away from nullifying the nominations and ordering or calling for fresh nominations to accommodate the duo
There is no win here other than more debate and debate.
The win would have come if the court ordered ECZ to conduct fresh nominations or if it invalidated the nominations conducted but that has not been done.
The Court has not but instead dismissed that plea for fresh nominations from the petitioners and ECZ goes ahead with nominations and the elections on 15 September 2022, which is next week.
The Court should have nullified the nominations and order new nominations then the duo would have been on the ballot for the by-elections scheduled for next week.
Now there is zero and the status quo remains, their nominations remain rejected.
So where is the excitement cdes.
We wait to read the judgement in full.
Otherwise the moment i heard Prof Munalula having i dissenting judgement i knew that there will be issues and debate ahead.
I submit
McDonald Chipenzi