It’S WITHIN THE LAW FOR THE PRESIDENT AND VICE TO USE GOVERNMENT TRANSPORT FOR CAMPAIGNS – GEARS
GEARS Initiative has noted the raging debate on social media regarding the Republican President and/or Vice-President use of government transport such as vehicles, helicopters and planes to campaign for their party candidates in the forthcoming 21 October, 2021 by-elections in Chisamba, Lusangazi, Kaumbwe and other four (4) wards.
Some citizens feel this is an electoral malpractice engaged in by the President and his Vice-president.
While the concerns are well noted that the duo should not have done so because of their earlier but consistent arguments alleging that they inherited empty coffers when they took office, the law is very clear and categorical in allowing the two offices to use government resources including transport for campaign purposes.
The electoral law and code is clear on this issue of presidential and Vice-presidential use of government facilities and resources during election campaigns albeit a by-or General Election.
The Electoral Process Act section 107 (schedule: Electoral Code of conduct) Regulation 15(k) guides the nation that no person shall use Government or parastatal transportation or facilities for campaign purposes except the president and vice- president with their respective officers.
We quote; A person shall not use Government or parastatal transportation or facilities for campaign purposes, except that this paragraph shall not apply to the President and the Vice President in connection with their respective offices.
It is GEARS Initiative’ hope that this provision in the law will help die down the debate and responded to concerns raised by some politicians, bloggers and social media activists.
Regarding the flagging off of the fertiliser distribution in Lufubu ward of Mwansabombwe district in Luapula Province which is having by-election and during the campaign period, the law is silent and not categorical on such presidential activities
However, as electoral advocates who want to see level playing field, it has been our considered and consistent argument that such activities be halted during election campaigns because they act as electoral blackmail to voters.
Notwithstanding, some stakeholders have vehemently argued, in the past and now to contrary, that government developmental projects cannot stop because of elections.
Thereby, making this practice in the electoral process to be within the right and an entitlement of the sitting presidents and vice-presidents who are allowed to use government resources ans do inspections of development projects, lay foundation stones and flag off national and government activities even campaign periods.
As we embark on the electoral reforms, this is one area the nation must reflect on and find the best way of how the presidential and Vice-presidential engagements and interactions with government duties during campaign periods can be done.
GEARS Initiative still maintain that activities of such nature must be shelved during campaigns and be done either before or after the elections.
Further we propose that a law be put in places to avoid enacting new election oriented laws three (3) months to the Elections as it happened ahead of the 2021 General Election.
McDonald Chipenzi
Executive Director GEARS Initiative