By Mwaka Ndawa
LUMEZI Constituency PF parliamentary candidate Pilila Mwanza has opposed an application by independent candidate Munir Zulu to have her nomination nullified on account that she does not have a grade 12 certificate.
Mwanza claims that she has a high school equivalency diploma from the State of Wisconsin in America which is equivalent to a grade 12 certificate.
Zulu has petitioned Mwanza in the Constitutional Court for filing in nomination papers without the requisite academic qualifications.
In his petition, Zulu argued that Mwanza failed to comply with the qualifications set out in Article 70(1)(d) of the constitution which required her to have obtained as minimum academic qualification, a grade 12 certificate or its equivalent.
Zulu contended that notwithstanding Mwanza’s failure to comply with article 70(1)(d) of the constitution, the returning officer declared her nomination for election as member of parliament valid.
“The extent that the respondent not having obtained a grade 12 certificate or its equivalent on nomination day contravened Article 70(1)(d) of the constitution,” Zulu said.
In her answer to the petition, Mwanza said she had not failed to comply with the requirements set out in Article 70(1)(d) of the Constitution.
“I have been validly nominated as a candidate in the forthcoming elections for national assembly in the Lumezi Constituency,” said Mwanza.
But in his skeleton arguments, Zulu said Mwanza’s equivalency diploma was not equal to a grade 12 certificate in line with the court’s judgment in the Bizwayo Nkunika case.
“The high school equivalent diploma from the state of Wisconsin falls short of an equivalent of a grade 12 certificate as it does not exhibit subjects that Mwanza did neither is there a transcript supporting the same,” Zulu argued.
“What is shocking is that Mwanza had the certificate certified or verified by ECZ contrary to the court’s direction in the Bizwayo Nkunika case.”
Zulu, who is aligned to the PF, said according to the Bizwayo Nkunika case, all qualifications obtained from foreign countries are supposed to be verified by the Zambia Qualifications Authority.
He further argued that the names on the equivalency diploma were different from those on Mwanza’s national identity card as it was indicating Pilila Mazombwe while the name on her NRC indicates Pilila Getrude Mwanza.
Zulu insisted that Mwanza does not have a grade 12 certificate or its equivalent and declaring her nomination valid was illegal, null and void.
Credit: Mast