By McDonald Chipenzi
IS THIS GOVT TRYING TO BLOCK CHISHIMBA KAMBWILI FROM CONTESTING FOR OFFICE AND VOTE IN 2021?
Let us all be alert and vigilant, the political lion is roaming the political streets, safe havens and cells for other political players looking for someone to devour and disadvantage. Is CK the victim? Let us Wait and see.
The law guides that “a person is disqualified from being nominated as a candidate for election as President if that person is serving a sentence of imprisonment”, (Art 100 (2)(h)
CK is serving a sentence of imprisonment for one year upto September next year when the election is in August 2020 and nomination in May, 2021.
If stays incarcerated up to May, he may not be eligible to file in his nomination or if he does not come out by the end of the registration of voters exercise, he won’t register as a voter and consequently not eligible to vote in 2021 General Election.
So if the Magistrate denies him bail pending appeal or when the appeal, if granted, is not sustained, CK will be out of prison after elections.
Another legal hurdle to be negotiated and overcome is his right to register as a voter and vote now that all persons eligible to vote have to re-register as voters all over again .
The registration law through the Electoral Process Act No. 35 of 2016 which guides that the “Commission shall not register a person as a voter if that person is under the sentence of imprisonment imposed by a court or substituted by a competent authority for some other sentence imposed by that court”.
And for one to qualify as a candidate for election or to be nominated as a candidate for election as President, that person must be a registered voter (Art 100 (1)(d).
However, the Electoral law clarifies that only those serving “suspended sentences or sentence of imprisonment imposed in default of payment of a fine” are exempted and can register as voters and vote in an election.
So let us watch the CK legal battle with keen interest.
I submit.