Entrenching Dictatorship Using State Institutions And The Courts Of Law- Amb. Emmanuel Mwamba

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Emmanuel Mwamba

ENTRENCHING DICTATORSHIP USING STATE INSTITUTIONS AND THE COURTS OF LAW

By Amb. Emmanuel Mwamba

Following the nullification of Kabushi and Kwacha constituencies seats, and Luangwa District Council Chairperson, events have unfolded that have threatened our democracy and may have changed the path and course of our democracy forever.

Here is a timeline of the events.

TIMELINE

11th August 2022

The Electoral Commission of Zambia announces that parliamentary by-elections in Kabushi and Kwacha constituencies will be held in Thursday, 15th September 2022.

ECZ states that nominations by aspiring candidates will be held on 25th August 2022.

24th AUGUST 2022

ECZ PREVENTS BOWMAN LUSAMBO, JOSEPH MALANJI FROM FILING THEIR NOMINATIONS

The Electoral Commission of Zambia (ECZ) says it will NOT accept nominations from any candidate who caused a vacancy in the National Assembly.

ECZ Corporate Affairs Manager PATRICIA LUHANGA says this is in line with Article 72 sub section 4 of the Constitution of Zambia Amendment Act Number 2 of 2016.

24th AUGUST 2022

Law Association of Zambia condemns the ECZ for engaging in interpretation of the Constitution, a preserve of the Judiciary on their false stance that certain candidates were not eligible. LAZ also remind ECZ that nullification of the seat did not mean disqualification citing the Constitutional Court ruling in the matter of nine Members of Parliament that the Speaker expelled Vs LAZ.

25TH AUGUST 2022

ECZ Returning Officers in Kabushi and Kwacha constituencies refuse to accept nominations filed by Hon. Bowman Lusambo and Hon. Joseph Malanji, claiming that they were not eligible to participate in the elections.

13TH SEPTEMBER 2022

HIGH COURT HALTS ELECTIONS

THE Lusaka High Court granted Bowman Lusambo and Joseph Malanji their application to halt activities relating to the by-elections in Kabushi and Kwacha, pending determination of their matter.

This was two days before the election was due to be held on 15th September 2022.

12TH &13 SEPTEMBER 2022

INDEPENDENT CANDIDATES RESIGN

Two independent candidates; Alfred Yombwe and Lawrence Kasonde submitted resignations as parliamentary candidates for Kabushi and Kwacha constituencies in accordance with Article 52(6).

ECZ acknowledged their resignations but refuse to call for fresh nominations as required by law.

14TH SEPTEMBER 2022

ELECTIONS SUSPENDED

Following the High Court Ruling canceling the election, the Electoral Commission of Zambia inform stakeholders that the election scheduled for 15th September 2022 had been suspended until further Notice.

16th SEPTEMBER 2022

The High Court quashed the State’s application for leave to appeal against the suspension of the Kabushi and Kwacha parliamentary by-elections.

The Court further denied an application by the state to stay the suspension of the by-elections.

16TH SEPTEMBER 2022

The opposition Patriotic Front PF’s Lawrence Shaba wins the Luangwa District Council Chairperson by-election.

16TH SEPTEMBER 2022

The State had applied for an order to stay the decision of the High Court suspending by-elections in Kabushi and Kwacha constituencies as it intends to appeal against the ruling.

17TH SEPTEMBER 2022

THE Court of Appeal orders a stay of proceedings and the matter before the Lusaka High Court in which Joseph Malanji and Bowman Lusambo are seeking an order that it should hold fresh nominations for Kwacha and Kabushi constituencies.

18TH SEPTEMBER 2022

The Court of Appeal dismisses an application to discharge the stay of proceedings against the High Court it granted on 17th September, 2022.

5TH OCTOBER 2022

Green Party President Peter Sinkamba and Governance Activist Isaac Mwanza petition the Constitutional Court alleging that the Electoral Commission of Zambia (ECZ) contravened the Constitution by failing to cancel elections and call for fresh nominations in Kwacha and Kabushi Constituencies after Independent Candidates, Alfred Yombwe and Lawrence Kasonde submitted their resignations.

7TH OCTOBER 2022
INDEPENDENT CANDIDATES RESCIND DECISION TO WITHDRAW FROM ELECTIONS

Two Independent candidates who withdrew from taking part in the Kabushi and Kwacha Parliamentary By-elections write to the Electoral Commission of Zambia (ECZ) informing it if their decisions to rescind their withdrawal as candidates. They requested ECZ to be allowed to contest the polls.

In the past ECZ has refused to accept the renunciation of the letters of withdrawal stating that this is not provided for in law.

11TH OCTOBER 2022

DESPITE COURT ORDER, ECZ CALLS FOR ELECTIONS IN KABUSHI AND KWACHA

THE Electoral Commission of Zambia set Friday, October 21, 2022 as the date for the Kabushi and Kwacha by-elections. The commission also prescribed Thursday October 11 to Thursday October 20, 2022 as the period for campaigns for the two by-elections.

18TH OCTOBER 2022

THE Constitutional Court rules that ECZ did not breach the Constitution when it failed to cancel the Kabushi and Kwacha by-elections and call for fresh nominations after two independent candidates resigned from the election. The Court recognized that the High Court Order to suspend polls was still in force. The Court states that the decision by ECZ not to call for fresh nominations was justified as a High Court order suspended all activities related to elections in Kabushi and Kwacha constituencies.

20TH OCTOBER 2022

All court cases involving Attorney General Chambers adjourned -Acting Chief Justice

Acting Chief Justice, Hon. Mrs. Justice Roydah Mwanakulya Chinungi Kaoma, adjourns all cases involving the Attorney General until after the Kabushi and Kwacha parliamentary by-elections.

Justice Kaoma responded to an urgent request from the Attorney General written by Solicitor General, Marshall Muchende that all cases involving the chambers be adjourned as the state advocates were attending an arbitration course arranged at Chartered Institute of Arbitration between 19th October to 21st October 2022.

Justice Kaoma granted the request from the Attorney General Chambers.

Both the Court of Appeal and the High Court werebexpected to render their judgements regarding the two parliamentary by-elections where the Attorney General was a party to.

20TH OCTOBER 2022
APPEALS COURT
Adjourns case scheduled as Chief Justice as directed by Chief Justice.
Court however emphasizes that parliamentary by-elections in Kabushi and Kwacha constituencies could not take place as a High Court Order to stay the election remained in force.

20th OCTOBER 2022

COURT MATTERS HAVE LAPSED, CONSTITUTIONAL COURT

The matters in the High Court on Malanji and Lusambo Case have lapsed- Constitutional Court

The Constitution Court has ruled that upon the lapse of 21 days set for the High Court to hear and determine a court challenge to nominations, proceedings and all orders made by the Court ceased to have any force.

This is in the matter in which Kabushi UPND aspiring candidate Bernard Kanengo was seeking an interpretation of whether the 21 days prescribed to hear matters of nominations can be stayed or extended.

In his matter, Kanengo cited the Attorney General and ECZ as respondents seeking a determination of whether pursuant to Article 52 (4) of the Constitution, the prescribed 21 days period set for the High Court to hear the matter can be extended.

On 18th October, 2022, the Constitutional Court stated that ECZ couldn’t hold fresh nominations as the orders of the High Court to hold the elections was in force.

This morning the Appeals Court also ruled that any election held in light of the Court Order will be illegal.

However the Constitutional Court has ruled that the proceedings of the High Court have lapsed as the 21 day period has expired.

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