ECZ WAS IN ORDER NOT TO CALL FOR FRESH ELECTIONS AS HIGH COURT JUDGEMENT HAD STOPPED THE ELECTION -CONCOURT
“But minority judgement says any election held under the circumstances where candidates resigned is illegal”
In a majority ruling, the Constitutional Court has ruled that there will be no fresh nominations in the Kwacha and Kabushi by-elections as the Gigh Court had stayed the elections.
There was no breach by ECZ and call for fresh nominations.
This was because there was a High Court order staying the elections.
The Concourt has also declined to order ECZ to order fresh nominations.
The Concourt has also declined to grant orders sought by the petitioners regarding the filing of nominations.
But in the minority judgement, Justice Mungeni Mulenga ruled that the Constitution gives directives in a mandatory manner.
She said the resignations by the two contestants required that the elections was cancelled and call for fresh nominations as stipulated in the Constitution.
She also castigated the ECZ stated that it was disgraceful for the entity to conduct.
She insisted that the elections acted outside the constitution and any election held under these circumstances was illegal.
The case in which Green Party President, Peter Sinkamba and Good Governace expert, Isaac Mwanza petitioned the Constitution Court to compel the Electoral Commission of Zambia to call for fresh nominations following the resignation of independent candidates in Kwacha and Kabushi parliamentary by-elections.
On 12th and 13th September 2022, Alfred Yombo and Lawrence Kasonde tendered their resignations in writing as candidates for Kwacha and Kabushi by-elections.