LAZ BACKS CONCOURT RULING ON G12 SCHOOL CERTIFICATE.
Law Association of Zambia (LAZ) has backed the recent constitutional court ruling in the 2019/CCZ/005 case.
And LAZ says it expects the constitutional court decision will be adhered to without any exception.
Meanwhile the legal body has welcomed the Electoral Commission of Zambia confirming its intention to strictly follow the prescription set out by the Constitutional Court.
LAZ has further called upon all aspiring candidates from across the political divide who do not possess a grade twelve certificate as defined by the Constitutional Court to steer clear from attempting to file nomination papers for the election as Member of Parliament as they will be doing so in breach of the Constitution of Zambia.
Below is the full statement
According to Article 70(1)(d) of the Constitution of Zambia as amended by Act No.2 of 2016, 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.
The Law Association of Zambia (LAZ) has noted the recent decision handed down by the Constitutional Court of Zambia in the matter between BIZWAYO NEWTON NKUNIKA v LAWRENCE NYIRENDA AND ELECTORAL COMMISSION OF ZAMBIA – 2019/CCZ/005, in which the Constitutional Court defined the phrase “Grade twelve certificate or its equivalent.”
The Constitutional Court declared that the term “Grade twelve certificate” employed in Article 70(1)(d) of the Constitution means the same as a School Certificate.
The Court went on to declare that the word “equivalent” to a grade twelve certificate relates to qualifications that are of similar value to the school certificate and should neither be inferior nor superior to the said school certificate.
The Court also elucidated that a General Certificate of education (GCE) is equivalent to a grade twelve certificate if the number of subjects passed and the grades obtained satisfy the requirements of obtaining a school certificate.
LAZ notes that the Constitutional Court declared that a tertiary, vocational, craft, trade or apprenticeship certificate is not equivalent to a grade twelve certificate.
It is the expectation of LAZ that the decision of the Constitutional Court will be adhered to without any exception.
LAZ welcomes the press statement from the Electoral Commission of Zambia confirming its intention to strictly follow the prescription set out by the Constitutional Court and calls upon all aspiring candidates from across the political divide who do not possess a grade twelve certificate as defined by the Constitutional Court to steer clear from attempting to file nomination papers for the election as Member of Parliament as they will be doing so in breach of the Constitution of Zambia.
LAZ also calls upon the Examinations Council of Zambia to diligently examine qualifications prior to certifying them as legitimate. Our very democracy leans heavily on the need for the law to be observed in the election to office of Members of Parliament.
Dated this 19th day of March, 2021.
Sokwani Peter Chilembo
HONORARY SECRETARY