LUSAMBO AND MALANJI REJECT DECISION BY ECZ NOT TO ACCEPT THEIR NOMINATION PAPERS
By Lukundo Nankamba and Michael Kaluba
Former Kabushi and Kwacha Members of Parliament Bowman Lusambo and Joseph Malanji have rejected the decision by the Electoral Commission of Zambia-ECZ- not to accept their nomination ahead of today’s filing in of nominations for the forthcoming Kabushi and Kwacha constituency by-elections next month.
The ECZ has announced that in line with article 72 (4) of the constitution of Zambia amendment act no. 2 of 2016, it cannot accept nominations from any candidate who caused a vacancy in the National Assembly.
The duo has however argued this decision by the commission saying it is unacceptable and contradicts the law.
In an interview with Phoenix News, Mr. Lusambo says he will not allow to be taken advantage of in a democratic country like Zambia further stating that the ECZ has no right to interpret the law in whichever way they deem suitable to their convenience.
And former Kwacha Member of Parliament Joseph Malanji says he is aware that the decision by the ECZ has been politically motivated and says this case will not be silenced until justice prevails.
Mr. Malanji wonders how the ECZ in the 2021 elections accepted his grade 12 certificate but today have the audacity to make such a pronouncement which is out of context.
Meanwhile, the Law Association of Zambia-LAZ has opposed the decision by the Electoral Commission of Zambia-ECZ not to accept nominations from any candidate who caused a vacancy in the national assembly, saying Mr. Lusambo was not disqualified by the courts of law.
LAZ also says in so far as eligibility following nullification on the lack of a grade 12 certificate as determined by the constitutional court in the matter of Joseph Malanji vs Charles Abel Mulenga and the ECZ 2021/ccz/a0021, Mr. Malanji’s eligibility will depend on whether he possesses a grade 12 certificate at the time of filing of nominations today.
LAZ President Lungisani Zulu says the association`s perusal of the decision in the Lusambo v Kanengo case reveals that the court merely nullified the seat without disqualifying Mr. Lusambo in the election petition as precedence in a similar matter set that a nullification of a seat by the court is distinct and not the same thing as disqualification of a person.
And Green Party Leader Peter Sinkamba says the ECZ has no power to disqualify a candidate before they file nomination papers and has described this decision as unconstitutional and dangerous precedence, which unless overturned, can lead to breakdown of law and order in future.
Mr. Sinkamba is therefore urging the two candidates to proceed with filing their nominations today, and if their nomination papers are rejected, petition the decision in the constitutional court because neither articles 70 nor 72 disqualify them to contest this election.
He argues that the constitutional provision which empowers ECZ to accept or reject the participation of candidates in an election is article 52 (2), therefore, the decision to disqualify Mr. Malanji and Mr. Lusambo before they file their nomination papers is unconstitutional.
PHOENIX NEWS