GOVERNANCE ACTIVIST ASKS COURT TO HALT MFUWE BY-ELECTION
CIVIL Rights activist Brenner Changala has rushed to to the Constitutional Court seeking to cancel the Mfuwe parliamentary by elections, which are scheduled for August 7,2025.
Mr Changala wants the court to order cancellation of nomination of three candidates contesting the by-election in Mfuwe, where the seat was declared vacant after Maureen Mabonga was jailed
On May 16, the Lusaka Magistrate’s Court jailed Ms Mabonga to eight months imprisonment for seditions practices, a conviction which led to the declaration of her parliamentary seat, Mfuwe, vacant.
Speaker of the National Assembly Nelly Mutti notified the Electoral Commission of Zambia (ECZ) about the vacancy of Ms Mabonga’s seat.
The commission consequently set date for nominations ahead of the by-elections to elect a new lawmaker in Mfuwe, where three candidates filed for the nomination.
The contenders are UPND’s Malama Mfunelo, Socialist Party’s Charles Mubanga and New Congress Party’s Brian Kunda.
But Mr Changala argues in court that ECZ’s decision to proceed with the nomination contravened article 70(2) (f) of the Constitution Act number 2 of 2016.
His argument is that the nomination should not have proceeded because there is no vacant seat in Mfuwe since Ms Mabonga appealed against her conviction and sentence and was granted bail.
Mr Changala is relying on article 70(2) (f) of the Constitution which states that: “a person disqualified from being elected as Member of Parliament if that person is serving a sentence of imprisonment for an offence under a written law”.
The petitioner contends that the ‘current’ MP was not serving a sentence of imprisonment at the time of the by election nominations were conducted by ECZ this month on July 9.
“ECZ contravened the above constitutional provision by proceeding to validate by election nominations for Mfuwe in the absence of a vacancy existing,” Mr Changala submits.
He seeks a declaration that ECZ contravened article 70 (2) (f) and that the nomination of the three is null and void and that the court should order ECZ to cancels the Mfuwe by-elections.
All the three contenders in the coming by-election have been cited as respondents plus the Attorney General and ECZ.
Mwebantu
Go and waste your money at court Brebner. This is water under the bridge. Its like you people have nothing to do in life other than being controversial to every Government and trouping to the courts everyday either as a complainant or suspect. KIKIKIKIKI
These are tired arguments. The moment the Court pronounced the sentence of imprisonment of 8 months, that is serving a sentence even if one appealed or one is granted bail pending appeal. And a bye-election has to take place within 90 days from the date of JUDGMENT.
True
Some people in trying to sound relevant just shows up their ignorance and negativity
The m p of Mfuwe is now a convict should the people there lack development because of her. She is no longer a honourable. Life goes on the bye election must take place.
The number of bafoons in Zambia, is increasing at a supersonic speed. And most of these bafoons are just connmen hiding in the so called non governmental organizations. They are bafoons because they are just concerned about their personal egos, without any positive contributions to the society. For example, changala, doesn’t mind about how much the, Tonse alliance, sp, UPND and ecz have lnvested already on the ongoing mfuwe by election processes. All he wants is to be heard, with a personal hope of attracting funding to his organization, as a connman. Note that changala he can’t stop or halt the election. Changala is not a construction. What is is being implemented as far as mfuwe by election is concerned, is what the constitution allows and dictates. But which bafoons can stop the constitutionally set by election?th
But why also request the Constitutional Court to cancel the nominations of the candidates taking part in the by-election? If the court is persuaded to cancel the by-election, the nominations automatically become void.
Some people just want to undermine the Speaker and want to show that she is incompetent for the job.This is rigmarole.Probably they want her job.or it is just hatred.Why should some people go that far? The Speaker is just following the law.And she doesn’t hate any lawmaker.Just wanting to make her work difficult.You just advise your friends to conduct themselves well period.