GOVERNANCE activist Isaac Mwanza wants by elections in 9 PF held constituencies Mwanza has asked the Constitutional Court to order the Electoral Commission of Zambia (ECZ) to call for elections in respect of nine Patriotic Front (PF) parliamentary seats that were declared vacant.
The purportedly vacant seats are held by PF members – Ronald Chitotela (Pambashe), Nickson Chilangwa (Kawambwa), Emmanuel Mpankanta (Lupososhi), Christopher Kang’ombe (Kamfinsa), Remember Mutale (Chitambo), Brian Mundubile (Mporokoso), Stephen Kampyongo (Shiwang’andu), Mulenga Fube (Chilubi) and Mutotwe Kafwaya (Lunte).
Mr Mwanza also wants the court to declare that there is no challenge properly before any competent court by the “expelled” lawmakers contesting their expulsion as required under Article 72(5) of the Constitution.
He is seeking a declaration that vacancies in the nine constituencies remain valid and unchallenged.
Mr Mwanza also wants a declaration that under Article 57(1), as read together with Article 72(5) of the Constitution, the High Court’s jurisdiction to hear challenges against expulsion of lawmakers and the declaration of vacancies is limited to cases resolved within the 90-day period for holding a by-election.
He also wants a declaration that ECZ’s omission to conduct by-elections in the nine constituencies by September 25, 2024 contravenes Article 57(1) of the Constitution.
Mr Mwanza is also seeking a declaration that ECZ’s omission to set a date and time for holding by-elections in the nine constituencies after receiving notification of the vacancy from the Clerk of the National Assembly contravened Article 57(3) of the Constitution and is illegal and unconstitutional.
He is also seeking an order directing ECZ to conduct the by-elections within 30 days from the date of judgment in this particular case.
He is further seeking an order compelling the Attorney-General and the National Assembly to enact legislation within six months providing for the period for an MP to challenge their expulsion from a political party.
In the petition, Mr Mwanza has cited ECZ and the Attorney General as first and second respondents.
Am not understanding the basis of bwana Mwanza’s contention given what has happened since action was commenced by the 9 MPs to stay the declaration by the Speaker of the National Assembly.
Since then
1. The court ruled of the stay. I believe that was last week.
2. The Issue was raised in Parliament last week, on the direction of the speaker given the ruling.
3. The Speaker responded by stating that She needed to study the ruling/Judgement
Manje bearly a week has past, and Parliament is looking at the matter (lets remember the gravity of the institution and the rulings it makes. Remember the other matter that Speaker ruled on and the matter went to the Concourt, and the court ruled against the Speaker?)
The High Court took time to study the matter, before it ruled. Why not allow the Speaker the latitude She deserves and do her job.
This action to me is the same as coercion (the use of undo influence to compel one to act) as a goverance actitivist Mr. Mwanza should be cautious in the use of the tools available to him in the bill of Rights/Constitution. Lets give our officerbearers a chance to do their work. So that as the speak, they speak with the confidence that all areas of an issue have been explored.
ECZ is just useless. They received the notice and they know the law and yet they did nothing! What kind of incompetence is that? There’s is no time for such officials and they all must go. What were they waiting for?
High Court has ruled that deputy speaker was wrong to declare the 9 PF sears vacant.
Let us all pray for this high court judge because we all know what Hskainde does to those that go against his dirty wishes.
By the way, when will these thugs release JJ Banda? I think we all know that he did not escape. I pray they have not finally killed him.
Vote wisely in 2026.
That is not true…why would Mwanza be suing? The High Court threw out the stay….imwe why do always want to create your OWN truths that dont exist?
Why would Miles Sampa insist that he is on firm ground?