MALANJI, LUSAMBO ELIGIBLE TO RE-CONTEST – CHIFUMU BANDA
….due process of the law was not followed
Lusaka, Tuesday, August 30, 2022 (Nation Reporter)
JOE Malanji and Bowman Lusambo are eligible to stand because the Constitutional Court did not summon the two to appear before them to show cause why they should not be named and reported to the Electoral Commission of Zambia (ECZ) and the Director of Public Prosecution (DPP) after nullifying the seats, says lawyer, Chifumu Banda.
Mr. Banda said what was also not clear was whether the Constitutional Court prepared a report after giving Mr. Malanji and Lusambo chance to show cause as provided for in section 108 subsection 6 of the Electoral Process Act No. 35 of 2016.
And it has been confirmed that the Constitutional Court has not summoned the two to appear before them to show cause why they should not be named and reported to the ECZ and the DPP has not been prepared to that effect.
Mr. Banda said in an interview that the decision by the ECZ to reject the nomination papers of Mr Malanji and Mr Lusambo was illegal because they didn’t receive a report from the court as provised for under the Electoral Process Act.
He said the provision of the constitution in Article 72 (4) Amendment Act No. 2 of 2016 which the ECZ relied upon in rejecting the nomination papers of the two only comes into play if the provisions of the Electoral Process Act have been complied with.
“Am in full agreement with the statement that the Law Association of Zambia President issued on the question of nullification of the parliamentary seats and disqualification of the culprits from contesting subsequent election because section 108 of the Electoral Process Act didn’t come into play,” he said.
Mr. Banda said the section 108 subsection 6 of the Electoral Process Act No. 35 of 2016 demands that after the alleged culprits have been found of having committed illegal or corrupt practices they should be given an opportunity to show cause why they should not be reported by the courts that handed down the decision to nullify the seats to the ECZ and DPP. – Daily Nation Zambia