By Lusenga Mulongoti
After the Judge Dominic Sichinga judgment in 2016 which created a loophole for those with a college certificate to be able to contest Parliamentary or Local Government elective positions we all thought the matter was settled. Alas, the Constitutional Court judgment of March 2021 in the Nkunika petition has brought this Grade 12 qualification back to haunt all those who do not have a full Grade 12 certificate.
What the Constitutional Court judgment has effectively done is to quash the loophole in the Judge Sichinga judgment which allowed those with questionable certificates such as craft certificates in bricklaying or a diploma certificate in business management from an internet college from being eligible to stand as a candidate to be elected as an MP or Mayor or Councillor or Council Chairperson.
In simple layman terms, the judgment is saying that a Grade 12 certificate as prescribed by the Republican Constitution is simply that. The judgment has further clarified that a college certificate or any higher academic qualification can not substitute a full Grade 12 certificate. In other words, my interpretation, a person can not and should not obtain a higher qualification certificate without having passed and obtaining a full Grade 12 certificate. It is for this reason that any properly constituted and registered college or university does not admit a person as a student for any training program if that person does not possess a full Grade 12 certificate from a recognised secondary school or college.
The implications of this judgment should never be underestimated by anyone or any political party seeking to participate in the forthcoming General Elections in August 2021.
As political parties start the process of adopting candidates for various positions they need to comply strictly with this judgment on the Grade 12 certificate. Any party which will ignore this judgment will find itself with no candidate after nominations in May 2021 and it will be too late as once the Electoral Commission of Zambia has rejected your nomination there is no room for a second bite at the cherry.
It’s bye bye to all those current MPs and Councillors who got elected in 2016 with a college certificate but they don’t possess a full Grade 12 certificate.
As usual I have written this simplified explanation as a public service to those Zambians who are always confused about things and issues of national importance.
#GodIsNotSilent 🇿🇲