I HOPE THE ELECTORAL COMMISSION OF ZAMBIA WILL BE ABLE TO PROVE THE “THUGGISH BEHAVIOR” USED TO DESCRIBE ME DURING THE CONDUCT OF MY DUTY AS A LAWYER.
By Celestine Mambula Mukandila
The Electoral Commission of Zambia must justify their description of Counsel’s performance of his duty as being thuggish.
I decided to remind our colleagues at the ECZ in Kawambwa Constituency of the fact that their mandate is Constitutional and must be performed independently as stated the Constitution of Zambia Act No. 2 of 2016.
Article 216 of the Constitution of Zambia Act No. 2 of 2016 says;
216. A commission shall—
(a) be subject only to this Constitution and the law;
(b) be independent and not be subject to the control of a
person or an authority in the performance of its functions;
(c) act with dignity, professionalism, propriety and integrity;
(d) be non-partisan; and
(e) be impartial in the exercise of its authority.
Furthermore, Article 229 of the Constitution of Zambia Act No. 2 of 2016 establishes the Electoral Commission of Zambia. The said provision states that ;
229. (1) There is established the Electoral Commission of
Zambia which shall have offices in Provinces and progressively indistricts.
(2) The Electoral Commission shall—
(a) implement the electoral process;
(b) conduct elections and referenda;
(c) register voters;
(d) settle minor electoral disputes, as prescribed;
(e) regulate the conduct of voters and candidates;
(f) accredit observers and election agents, as prescribed;
(g) delimit electoral boundaries; and
(h) perform such other functions as prescribed.
The Constitution is instructive as to who must be accredited under Article 229(2)(f) and in no way does it require Counsel to be accredited by ECZ in the performance of his/her duty as a Legal Practitioner.
The Press Statement written by the Electoral Commission of Zambia and published at Midnight on the 21st of November 2024 titled; “NOMINATION OF THE NEW CONGRESS PARTY IN THE KAWAMBWA CENTRAL CONSTITUENCY PARLIAMENTARY BY-ELECTION” and undersigned by the Senior Corporate Affairs Officer named Silvia Bwalya not only shows incompetence in the management of elections in Zambia but also shows favoritism in the conduct of dispute resolution by the electoral commission.
Article 229(2) (d) of the Constitution has given the Electoral Commission of Zambia the power to settle minor disputes and as such a minor dispute arose, wherein, the Retaining Officer had wanted to consult on a straight forward matter that was within his mandate and the said dispute was settled by the parties concerned.
Dispute resolution processes will always have people involved to be as expressive as they can.
Participation in free and fair elections of a country remains a beacon of any healthy Democracy and must be protected at all cost especially if the said is a Constitutional guarantee.
The statement of the ECZ is not only defamatory but rather also unprofessional.
“A defamatory statement is one which is untrue and which tends either (a) to lower a person in the estimation of right thinking members of society generally; or (b) to expose a person to hatred ridicule or contempt; or (c) to disparage a person in his or her office, profession, calling, trade or business.”
The word “thug” is defined to mean;
“a violent, aggressive person, especially one who is a criminal.”
Consequently, I only hope the ECZ will be able to prove their assertions in the descriptions of our conduct.
We shall engage them on this kind of reporting and try to resolve these matters of such publications as amicable as we can.
Zambia’s Democracy is demonstrated by how strong institutions of government are viz a viz the performance of their Constitutional mandates.
Commissions must not only be independent but must also be seen to be independent in their performance of their Constitutional mandates. This is critical to the enhancement of the Confidence that a citizenry such as ours will have in these institutions of good governance.
There is serious need for us to examine the independence of our Electoral Commission, especially that I have witnessed firsthand a Retaining Officer informing me that he must consult on a matter within his mandate.
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