By Elias Sakala cic Private Reporter.
LUSAKA-Lusaka.
CONSTITUTIONAL COURT GIVES UP TO 31ST MAY 2021 FOR RESPONDENTS TO ARGUE THEIR CASE, A FULL BENCH TO HEAR THE ARGUMENTS ON 8 , 9 JUNE 2021.
In the matter of petitioning a candidate in an election, several petitions were filed in Concourt against candidature of ECL, as per provision in the constitution of Zambia section 52/4… which states
(4) A person may challenge, before a court or tribunal, as prescribed, the nomination of a candidate within seven days of the close of nomination and the court shall hear the case within twenty one days of its lodgement.
(5) The processes specified in clauses (1) to (4) shall be completed at least thirty days before a general election.
(6) Where a candidate dies, resigns or becomes disqualified in accordance with Article 70, 100 or 153 or a court disqualifies a candidate for corruption or malpractice, after the close of nominations and before the election date, the Electoral Commission shall cancel the election and require the filing of fresh nominations by eligible candidates and elections shall be held within thirty days of the filing of the fresh nominations.
According to Section 106 / 3 of the constitution of Zambia, A PERSON WHO HAS TWICE HELD OFFICE AS PRESIDENT IS NOT ELIGIBLE FOR ELECTION AS PRESIDENT. THIS IS A CLAUSE THE PETITIONERS ARE PRESENTING BEFORE CONSTITUTIONAL COURT TO DISQUALIFY A CANDIDATE ECL.
In the previous petition of Dan Pule and Company, they sought the concourt Interpretation of the team of president. The case is similar but NOT related. In this matter, the Concourt based their judgement on section 106/6 of the constitution which says…
(6) If the Vice-President assumes the office of President, in accordance with clause (5)(a), or a person is elected to the office of President as a result of an election held in accordance with clause 5(b), the Vice-President or the President-elect shall serve for the unexpired term of office and be deemed, for the purposes of clause (3)—
(a) to have served a full term as President if, at the date on which the President assumed office, at least three years remain before the date of the next general election; or (b) not to have served a term of office as President if, at the date on which the President assumed office, less than three years remain before the date of the next general election.
WHAT HISTORY IS ZAMBIA GOING TO WRITE THIS TIME AROUND…?