By Amb. Emmanuel Mwamba
Independent Presidential Candidate, the Ignorance of State House
Clayson Hamasaka Chief Communications Specialist, has, like he does on many public issues, displayed ignorance by mocking the declaration by Chiengi MP, Given Katuta, to stand for presidency, as a non-starter because the Zambian Constitution does not allow independent presidential candidates.
In the amended 2016 Constitution, (Amendment) [No. 2 of 2016] removed the clause; ” sponsored by a political party” in relation to presidential candidates leaving room for independent candidates.
But Hamasaka’s ignorance typifies State House thinking, whose officials have spent great effort to bar the late President Edgar Lungu, steal the Patriotic Front, refuse to register new political parties and attempt to destroy remaining opposition candidates through harrasment, persecution and jailings, on the understanding that they were narrowing the field.
Even the mocking the UPND make against the candidature of John Sangwa and Dolika Banda is on the understanding that independent candidates are not allowed.
Below are the provisions of Article 100
Article 100-Qualifications and disqualifications for nomination as presidential candidate
A person qualifies to be nominated as a candidate for election as President if that person—
●is a citizen by birth or descent;
●has been ordinarily resident in Zambia;
●is at least thirty-five years old;
●is a registered voter;
●has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent;
●is fluent in the official language;
●has paid that person’s taxes or has made arrangements, satisfactory to the appropriate tax authority, for the payment of the taxes;
●declares that person’s assets and liabilities, as prescribed;
●pays the prescribed election fee on, or before, the date fixed for the delivery of nomination papers; and
●is supported by at least one hundred registered voters from each Province.
The 2016 constitutional changes introduced several key provisions that impact the process described in Article 100. .
●Running mate: The President and Vice President are now directly elected on the same ticket as running mates. This means that a vote for the president is also a vote for the vice president.
●Succession: The amended constitution ensures that if the sitting president dies, resigns, or is removed, the vice president automatically takes over the presidency. This avoids the need for a presidential by-election.
●50% + 1 rule: A winning presidential candidate must receive more than 50% of the total valid votes cast. If no candidate meets this threshold in the first round, a second round is held between the top two candidates. Article 100 addresses a contingency within this new two-round electoral system.
