RESCINDING RESIGNATION & WITHDRAWAL BY THE DUO IN KABUSHI & KWACHA: MUST BE LEGAL & ELECTORAL RELIEF TO ECZ
Today, the country is greeted with new developments that the duo, Yobwe and Kasonde, candidates for Kabushi and Kwacha, who earlier announced their resignations from participating in the Kabushi and Kwacha parliamentary by-elections have rescinded their decisions.
Their decision provoked a court action from stakeholders to move the court to interprete Art 52(6).
With the new developments, this means that the court case on the interpretation of Art 52(6) cannot be pursued any further until further NOTICE.
Following the duo’s resignations, the Electoral commission of Zambia (ECZ) never cancelled the election as per Art 52(6) and the decision of the duo to RESCIND their earlier decision to resign after being duly nominated does not affect the nominations done on August 25 including the by-elections thereof.
The nominations are valid and intact awaiting for a new by-election date from ECZ since ECZ never accepted or denied their resignations and withdrawals.
With the COURT OF APPEAL staying the decision of the HIGH COURT to suspend the by-elections, the by-elections are expected to proceed as per nominated list of candidates.
Actually, this means that the HIGH COURT decision to suspend the holding of the by-elections which was suspended by the COURT OF APPEAL which set Oct 20 to hear the main matter is considered intac therefore, there seem to be no longer a blockade on ECZ to hold the by-elections, in my view.
The argument that a resignation or withdrawal from race cant be withdrawn is not true.
This is a mix up with the court decision on whether or not an elected person esp Councilor can withdraw a resignation or withdrawal submitted before the ECZ, which matter was clarified by the CONCOURT.
It does not affect the withdrawals and resignation ocassioned by a duly nominated candidate to ECZ after nominations.
We await new developments as the week dies and a new one rises on Sunday.
I submit
Mcdonald Chipenzi