ECZ ON FIRM GROUND NOT TO ACCEPT MALANJI AND BOWMAN’S NOMINATIONS
LAZ is citing wrong Articles instead of speaking to the cited Article cited by the ECZ.
ECZ has not used the word disqualification as a reason for not accepting the papers of the duo but for causing a vacancy by the decision of the court as provided for in Art 72(4)
LAZ is speaking to the obvious which point is correct and i agree with that the court did not disqualify the duo but its DECISION caused a vacancy in the office of the MP.
And the Constitution demands that such a decision of the court that causes a vacancy in the office of the MP entails that the affected MP can’t recontest for the rest of the life that parliament.
This is why the ECZ was cautious not to include Lawrence shawa for Luangwa because he is not affected by the Constitution provision of Art 72(4).
For him it is Art 52(4) that will be invoked should he dare to file in tomorrow.
Even if ECZ did not invoke Art 72(4) on the duo, and allowed them to file in, ECZ would still have power to invoked Art 52 (2) which empowers it to reject nomination for not meeting the Constitutional requirements and qualifications.
Clause 2 of Art 52 guides that a A Returning Officer [ECZ] shall, immediately on the filing of a nomination paper, in accordance with clause (1), DULY REJECT the
nomination paper if the candidate does not meet the qualifications or procedural requirements specified for election to that office
Ecz is, under Art 52(2) empowered to REJECT any nomination of any candidate.
If ECZ would not have done that i.e. invoking the cited ARTICLES, as citizens, we would have invoked the provisions in Article 52(4) and (6) and the results would still have been the same, probably.
ECZ is on firm ground because it has not interpreted the Constitution of Zambia but has just enforced it.
So the argument that ECZ has interpreted the Constitution is false and misleading.
ECZ even helped other candidates from paying twice nomination fees had it gone ahead to accept nominations from the duo and later be petitioned.
I submit
McDonald Chipenzi