NKOMBO IS RIGHT OVER BY-ELECTIONS AT WARD LEVEL DUE TO POSSIBLE RESIGNATIONS AS A RESULT OF TEACHER RECRUITMENT EXERCISE
LOCAL Govt and Rural Development Minister Gary NKOMBO revealed and confirmed in Parliament last week that a number of by-elections were coming as a result of councilors from ruling and opposition parties being recruited as teachers.
This attracted a reaction from SHIWANGANDU PF MP Stephen Kampyongo who argued that NKOMBO was misinterpreting the Constitution and misleading the nation over the councilors’ question and possible mass by-elections leading him to say what he termed “apologised for saying the truth”.
NKOMBO was and is on firm ground. Indeed, the by-elections are coming as a result of the recruitment and we may also have some when the health recruitment is also done.
With the recruitment of some councilors as teachers and that of health workers, the recruited must resign as councilors sponsored by political parties except those serving as independents.
Ideally, Councilors are and were not supposed to have been sponsored by political parties but stand as independents.
The spirit and letter of Article 153(1) are that A councillor shall be elected in accordance with Article 47(3) by registered voters by residents within the district
Unlike the MP and Presidential candidates where the Constitution is clear that they can be sponsored by a political party or stand as independents, in case of MPs, Councilors are and were not supposed to be sponsored by a political party.
However, reality has it that most Councilors were sponsored by political parties therefore being partisan and can’t serve in the civil and or public service.
Therefore, all councilors sponsored by political parties who have been recruited as teachers, or will be recruited as health workers must resign because they have entered the civil or public service which requires them to impartial and non-partisan
Informed by the provisions of Article 186.(1), it guides that A public officer who seeks election, or is appointed, to a State office shall resign.
The above is buttressed by Section 3 of the Service Commission Act 10 of 2016 espousing, *the values and principles of the public service which include—responsive, prompt, effective, *impartial* and equitable.
To this end, the Electoral Commission of Zambia (ECZ) must consider holding together, all the ward by-elections arising from vacancies created by the recruitment of teachers with the Luangwa District chairperson by-election scheduled for August, 2022
Minister of Local govt and Rural Development must therefore request all councils affected to submit and inform the Commission of these vacancies.
I submit
McDonald Chipenzi