THE LAW ASSOCIATION OF ZAMBIA (LAZ) MUST INTERVENE IN THE DELIBERATE INTENT OF CONSTITUTIONAL ABROGATIONS BY THE ELECTORAL COMMISSION OF ZAMBIA (ECZ) CHAIRPERSON
By Lusaka Lawyer Celestine Mambula Mukandila
It is with sad reading that Zambia is slowly turning into a Jungle Law Republic where those who wield power or those who are strong and apply ruthless self-interest will be most successful.
Electoral Commission of Zambia Chairperson Madam Mwangala Zalomis SC has shockingly made a very daunting statement during a stakeholder meeting with Political Parties to insinuate that the Electoral Commission of Zambia will NOT abide by the Constitutional Provisions as provided under Article 52 of the Constitution of Zambia Act No. 2 2016.
State Counsel has been quoted stating that the Commission will not cancel any elections when candidates withdraw despite the Constitutional provision on the matter.
This will be in clear breach of Article 52(6) of the Republican Constitution as read together with the guidance of the Constitutional Court in the GEARS Initiative case.
The Courts’ guidance in the case of Governance Elections Advocacy Research Services Vs the Attorney General and Electoral Commission of Zambia (2022/CCZ/0020), is instructive to the effect that the Constitutional Court ruled on Page J34 of the Judgment that;
“For the avoidance of doubt, we wish to state that in terms of Article 52(6) of the Constitution, where a political party sponsored candidate for election as a Member of Parliament resigns after the close of nominations but before the election date, the Electoral Commission is obligated to cancel the election and call for fresh nominations from eligible candidates and call for fresh elections in accordance with Article 52(6).”
It’s amazing how State Counsel decided to proudly brag about a Constitutional abrogation with so much confidence.
This is an indictment on State Counsel Zalomis to resign on moral grounds as this goes to the core of her Legal Profession’s Ethics.
I can only now say, God help Zambia.
#protect_and_defend_the_constitution
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