08/08/2022: STATEMENT BY OYV ON THE POSSIBLE INELIGIBILITY OF MALANJI AND LUSAMBO TO RECONTEST THEIR SEATS WHOSE 2021 GENERAL ELECTION RESULTS WERE NULLED BY THE COURTS
Upon carefully reading through both the High Court’s decisions and the Concourts’ subsequent upholding decisions to nullify the elections of both Joseph Malanji and Bowman Lusambo for Kwacha and Kabushi Constituencies respectively and further critiquing the Republican Constitution, we at Operation Young Vote (OYV) are of the considered opinion that the ineligibility of the two (2) former MPs is highly possible and attempting re-contesting may be an exercise in futility.
We say so because according to Article 70(1)(d) of the Republican Constitution, “Subject to clause (2), a person is eligible to be elected as a Member of Parliament, if that person—has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent” – This provision in itself mandates a candidate to produce this requirement at nomination, whether Mr. Joseph Malanji will be able to do so in 3 months or so. Further Article 70(2)(h) espouses, in relation to disqualification of a person from being elected as a Member of Parliament, that “A person is disqualified from being elected as a Member of Parliament if that person — has, in the immediate preceding five years, been removed from public office on grounds of gross misconduct.” From the Constitutional definitions in Article 266 Gross Misconduct means the follow under which both the Malanji and Bowman cases may fall: (a) behaviour which brings a public office into disrepute, ridicule or contempt;(b) behaviour that is prejudicial or inimical to the economy or the security of the State;(c) an act of corruption; or(d) using or lending the prestige of an office to advance the private interests of that person, members of that person’s family or another person.Furthermore, in articulating matters to do with Vacation of office as Member of Parliament Article 72(2)(b),(c) and (h) are quite elaborate and it says “The office of Member of Parliament becomes vacant if the member— (b) becomes disqualified for election in accordance with Article 70; (c) acts contrary to a prescribed code of conduct; and (h) is disqualified as a result of a decision of the Constitutional Court.The question is: How is the standing of the two (2) former MPs in relation to the three (3) articulated parts visa vie the nullification of their elections?Another very interesting Article to pay attention to is Article 72(4) which espouses that “A person who causes a vacancy in the National Assembly due to the reasons specified under clause (2) (a), (b), (c), (d), (g) and (h) shall not, during the term of that Parliament—(a) be eligible to contest an election; or(b) hold public office.”
As Operation Young Vote (OYV) we are of the conviction that all the above noted Articles read together make it possible that Mr. Joseph Malanji and Mr. Bowman Lusambo may be ineligible to stand in the by elections when called. Particularly Article 72(4) nails it all and the two (2) former MPs’ attempt to re-contest may be an exercise in futility.
Our advice therefore, to the Patriotic Front is that they consider settling for other persons as candidates in the respective Constituencies to avoid a situation of failing to field candidates.
We additionally challenge all players and stakeholders to seriously take note of these Constitutional provisions and weigh in so that the rule of law prevails at all times especially in our electoral process.
In conclusion, OYV would like to appeal to all political parties to bring sanity to the political and electoral space by promoting issue based politics and championing intra-party democracy by bringing Young people, Women and Persons with Disabilities to the fore especially during the candidates adoption processes. For and on behalf of:Operation Young Vote (OYV)Guess NyirendaExecutive Director