ON PATRIOTIC FRONT LEADERSHIP WRANGLES
In a letter dated 20th February, 2023 to the Registrar of Societies, Miles Sampa who is the sitting Member of Parliament for Matero Constituency for the Patriotic Front (PF) has complained to the Registrar that the decisions by former President, His Excellency Dr. Edgar Lungu to appoint Members of the Central Committee, namely Given Lubinda and Nickson Chilangwa, to position of Acting President and Secretary General offends the Party Constitution and Article 60(2)(d) of the Republican Constitution.
The previous day, during an interview on Diamond television with anchor Costa Mwansa, Miles Sampa laid out his case against the PF by discussing his view on the status of the PF Presidency and appointments. He has since demanded that the Registrar must cause to be held elections in the PF Party for the position of the Party President and all Members of the Central Committee.
This article is meant to have the public appreciate the governing rules of the PF Party and also whether the PF is in breach of Article 60(2)(d) of the Constitution.
IS PF IN BREACH OF REPUBLICAN CONSTITUTION?
Article 60(2)(d) of the Republican Constitution states –
“A political party shall promote and practice democracy through regular, free and fair elections within the party.”
The Patriotic Front was registered in 2001. Within 20 years, the PF has conducted three party conventions which elected the Party President and Members of the Central Committee. It has also been dragged to court three times by one Savior Chishimba and twice by Miles Sampa over the conduct of elections.
The last convention was held from 10 to 11 April, 2021 from two sites per province in line with prescribed pandemic measures. This author was one of the members of the Electoral Commission that presided over those elections in Eastern Province, and thus competent to offer an opinion on this matter.
Readers ought to understand that different political parties in Zambia and the rest of the democratic world provide for systems and processes of conducting elections in their party constitution. Just like system and processes by different countries, no one electoral process or system of one party is the same as another.
The only dictate of the Zambian Constitution is that a party must promote and practice democracy through regular, free and fair elections within the party. How this happens is the preserve of a political party and its party constitution.
Both the system and process for electing the Members of the Central Committee within the PF are provided under Articles 27 as read together with 57 of Party constitution. Article 57(1) designed to limit the elections for Central Committee to the President and Members of the Central Committee, generally.
After the election, the Article 61(g) as read together with Articles 59(1) vests the PF Party President to appoint any of the MCCs as Chairmen provided under Article 60(3), who in turn appoint members of their committees.
The office of Party Vice President, National Chairman, Secretary General, Deputy Secretary General and all Chairmen are not elective but appointive positions whose appointing authority is the Party President by virtue of Article 61(g). Those appointed from among MCCs or General membership of the Party as provided in both Articles 59(1) as read together with Article 60(3), and Article 61(g) itself.
Without any alteration to the Constitution, Article 61(b)(f)(g) allows the President to create offices in the Party, give instruction to any official or member of the Party and empower any member of the Party to exercise any powers or specified functions for and on behalf of the President, Party or the Central Committee.
The vast powers by the President have successively been used by Party Presidents to enlarge offices within the party without any need to amend the Constitution. At the last Party Convention, the number of offices in the Central Committee was enlarged to fifty four.
Elections for the position of MCCs already took place in April, 2021 using the Electoral system and process provided in the PF Constitution, in conformity with Article 60(2)(d) of the Republican Constitution.
The fairness of that process can only be evaluated by recourse to determine whether the procedures in Article 27 and 57(1)-(😎 were followed.
Therefore, the Registrar has no business to order for holding of a party convention to elect MCCs until 2026 when the next General Convention is due.
To be continued…