PF CANDIDATE FOR LUANGWA DISTRICT COUNCIL CHAIRPERSON BY-ELECTION IS INELIGIBLE. ECZ WRONG TO HAVE ACCEPTED HIS NOMINATION PAPERS
Art 157 of the Constitution in Clause (2) states that the office of councillor becomes vacant if—
(a) the councillor ceases to be a resident of the district;
(b) the councillor resigns by one month’s notice, in writing, to the mayor or council chairperson;
(c) the councillor becomes disqualified for election under Article 153;
Article (d) the result of an election for that councillor is nullified by a local government elections tribunal established in accordance with Article 159
(e) the councillor acts contrary to the code of ethics provided for in Article 155
Clause (3) guides as it guided ECZ on the issue of Malanji and Bowman Lusambo that
Where a councillor resigns in accordance with clause (2) (b), (c), (d) and (e) the councillor shall not be eligible for re-election as councillor for the duration of the term of that council
Art 159 provides available avenues to petition a councilor and the appeal process especially now that the Electoral Commission of Zambia (ECZ) erroneously misled itself by excluding local government by-elections in enforcing the rejection of nominations.
Therefore, ECZ erred in accepting the nomination of the PF candidate Mr Lawrence Shawa against the provisions of Art 157(3).
Since Mr Shawa is already declared duly nominated by the ECZ, this invites the provisions of Art 52(4) to challenge the nomination of Lawrence Shawa’s nomination.
Just like Malanji and Lusambo, Lawrence is ineligible to contest that election for the Luangwa District Chairperson seat in LUANGWA because his nomination offends Art 157(3) of the Constitution.
This is why the ECZ must always be alert to avoid such electoral mistakes and cost the country and citizens unncessary costs.
The nomination of Shawa must be petitioned within 7 days because being a councilor, he is bound by the entire provisions of Art 52 and Art 157(3).
I submit
Chipenzi