PERSON THAT CAUSES NULLIFICATION OF PARLIAMENTARY ELECTION NOT ELIGIBLE TO STAND – CONCOURT RULES
The Constitutional Court has ruled that an individual who causes the nullification of parliamentary election results is not eligible to re-contest.
This is in a matter where Former KABUSHI Member of Parliament BOWMAN LUSAMBO and former KWACHA Member of Parliament JOSEPH MALANJI contested the decision of the Electoral Commission of Zambia-ECZ to bar them from re-contesting the by-elections in the two Constituencies.
Constitutional Court Deputy President MARGARET MUNALULA delivered the ruling today.
The Court has relied on article 72 sub-article four of the constitution which stipulates that a person who causes a vacancy in the National Assembly subject to the reasons spelt out by article 72 sub-article two is NOT eligible to re-contest.
Part of the provisions of article 72 sub-article two of the Constitution cites actions contrary to a prescribed code of conduct as the basis for disqualifying an individual from re-contesting parliamentary by -elections.
The Kabushi and Kwacha by-elections took place on October 21, 2022.