URGENT
11th October, 2022
On 24th August, 2022 the Electoral Commission of Zambia (ECZ) issued a circular to the effect that those whose elections in Kabushi and Kwacha constituencies were nullified would not be allowed to contest the elections.
Our candidates went and filed their nominations which were rejected by the returning officer and we proceeded to court. The elections were stayed by the High Court and the stay is still in force.
Today ECZ has issued a statement that they will proceed with the elections in the two constituencies.
We find the decision of the Electoral Commission of Zambia (ECZ) to proceed with the by-elections in Kabushi and Kwacha constituencies without first awaiting the outcome of the court processes, an abrogation of the Constitution and gross contempt of court.
This is the very behaviour by the ECZ that caused the current legal impasse that the country is experiencing over the Kabushi and Kwacha by-elections. The behaviour of ECZ is not only illegal but extremely reckless and irresponsible and is a recipe for serious public discordant.
It is now clear to the Zambian people that the ECZ has no desire whatsoever to allow the people of Kwacha and Kabushi to have a free and fair election and vote for candidates of their choice.
ECZ and the public are fully aware that the issues of the by-elections in Kabushi and Kwacha are subject of active court processes to which the ECZ itself is part to. There are currently three court processes concerning the Kwacha and Kabushi by-elections;
1. The High Court gave a specific order, ordering ECZ to stay the elections in Kwacha and Kabushi.
2. The Court of Appeal ordered a stay of the delivery of the judgment of the High Court pending determination of the appeal filed by the Attorney General and the ECZ itself and
3. There are proceedings in the Constitution Court on the interpretation of the 90 day period set by the Constitution concerning the period of holding of by-elections.
ECZ and the public may wish to be reminded that the Court of Appeal has ruled, suspending the running of the days until it makes its ruling on the matter.
Clearly ECZ is working on the instructions of the UPND to disenfranchise Hon Bowman Lusambo, Hon Joseph Malanji and the Patriotic Front from participating in the Kabushi and Kwacha by-elections.
Zambians must brace themselves for a complete degeneration of Constitutionslim and the total breakdown of the rule of law as the UPND gets more and more desperate to resuscitate its fading popularity.
We wish to inform our members and the nation at large, that the Patriotic Front has instructed its lawyers to commence appropriate legal action against ECZ including citing the ECZ commissioners for contempt of court in their individual capacities.
I thank you
Issued by;
Hon Nickson Chilangwa, MP
Acting Secretary-General
Patriotic Front