KABUSHI & KWACHA SEATS: WILL THE PETITIONED WHO LOST THEIR SEATS RECONTEST THEIR SEATS?
Both petitioned are free to contest their seats but the is a barrier to both for a smooth nominations.
For the Bulldozer in Kabushi, he can file in his nomination to recontest his seat and ECZ will accept his nomination going by the estbalished practice in the past but the corruption challenge may be coming under article 52 after the nomination.
Depending on two factors, (existing of a challenger and the court decision after the challenge) may determine his fate whether he is eligible or not to recontest.
For Bonanza’s recontest effort may be a closed case, in my view as his case offended Article 70 of the Constitution and cannot be allowed to offend it twice using the same papers.
He can’t use the same G12 certification that was under litigation and confirmed by the court, both the High and Constitutional courts, that certificate never existed as it was not produced in court.
Further, his progression to the attainment of the said certificate seemed very unproved.
In my view, ECZ can’t accept the same papers from Bonanza again to save its face because the previous act of accepting his papers triggered a challenge and secured a nullification of the election of the Kwacha Seat.
So before the returning officer, the nomination papers for Bonanza may be rejected and a go home word can be issued.
I submit
McDonald Chipenzi