Independents Withdrawing Will Remain on the Ballot-Isaac Mwanza
Withdrawal only possible before close of nominations-Mwanza
… Governance activist says candidates remain in race after nominations close
By EMV Reporter
Governance activist Isaac Mwanza has clarified that candidates in an election cannot withdraw from the race after the close of nominations.
In a statement issued on Saturday, Mr Mwanza explained that the law only permits the withdrawal of a candidature between the filing of nomination papers and the closure of the nomination period.
He said Section 31(2) of the Electoral Process Act was clear and instructive on when a candidate may withdraw from an election.
“Section 31(2) states that a nomination submitted under subsection (1) may be withdrawn at any time before the expiry of the period appointed for lodging nomination papers in respect of the constituency concerned, if the candidate delivers to the returning officer a written notice to that effect,” Mr Mwanza said.
He said resignation only affects a candidate’s status where the individual resigns from a political party.
Mr Mwanza said the issue had already been addressed by the Constitutional Court in the 2022 case involving the Governance, Elections, Advocacy, Research Services (GEARS) Initiative versus the Attorney General, following the purported withdrawal of candidates in the Kabushi and Kwacha parliamentary by-elections.
“The Court was very clear that independent candidates cannot be said to resign under Article 52(6) because they do not belong to a political party,” he said.
Mr Mwanza noted that the effect of the Constitutional Court judgment remains unchanged even after amendments to the Constitution and that the Electoral Commission of Zambia (ECZ) is required to implement the law as interpreted by the Court.
He said independent candidates who purport to resign after nominations have closed would still remain on the ballot paper.
“This means that independent candidates who have purportedly resigned would still be on the ballot and may be elected or receive votes,”Mr Mwanza said.
He maintained that the law was settled on the matter and that electoral authorities were bound to follow the Constitutional Court’s interpretation.