Amb. Emmanuel Mwamba writes:
ECZ is breaking the law on Kawambwa Council Chairperson Election. A court order from the Chinsali High Court remains active against that election!
Following his conviction in the Kawambwa Magistrate Court, the Kawambwa Council Chairperson, Mr. Kalumba Chifumbe Council Chairperson, obtained an injunction when the Electoral Commission of Zambia called for a by-election.
Kalumba Chifumbe was sentenced to 60 months for malicious damage to property, 18 months for threatening violence, and 11 months for Assault. He has since appealed against both the sentence and conviction as he was not on the scenebas alleged by the State.
The Electoral Commission of Zambia has announced that it shall proceed to hold the nominations for the Kawambwa District Council Chairperson by-election on 19th October, 2024 and will conduct the polls on 27th October, 2024.
ECZ says in its Judgement delivered on 15th October, 2024, the Constitutional Court has guided that the election process once triggered by a vacancy must run its course until the election and there is no provision for its extension or re-alignment outside the provisions of the
Constitution.
ECZ further assets that the Court also guided that once the Electoral Commission of Zambia receives notification of a vacancy having arisen it is under compulsion to set in motion the by-election process and conclude it within the 90 days as specified in Article 57.
ECZ is expected to urgently seek the high court intervention and present the Constitutional Court Judgment to argue that the court may consider lifting the injunction in light of new facts.
It is illegal to ignore court orders and court orders can’t be invalidated through a media statement in the manner ECZ is seeking. The Court has shown in the past as in Kabushi and Kwacha parliamenrary by-elections that ECZ has a tendency of misinterpreting both the Constitution and court judgments or ignore the law totally.
ECZ must take the matter to a court which is seized with this matter and where orders to stop the Kawambwa Council Chairperson exist.
