By Mwaka Ndawa
ATTORNEY GENERAL Likando Kalaluka has argued that running mates depend on the requirements met by presidential candidates when filing in nomination papers, therefore they are neither required to pay nomination fees nor provide 100 supporters from each province in the country.
This is in a matter where Historian and Political commentator Sishuwa Shishuwa and Lusaka lawyer Alfred Kanda have petitioned running mates for 16 political parties participating in the August 12 general elections for not adhering to procedure stipulated in the constitution when filing in nomination papers.
The petitioners are seeking a declaration that the running mates’ failure to adhere to Article 100(1)(i)and (j) and 110(2) renders their nominations to contest in this year’s election to the office of Vice-President a nullity and void.
They want an order of certiorari that the running mates’ nomination papers be removed from the constitutional court for purposes of quashing.
In his answer to the petitions, Kalaluka said running mates’ votes were not independent from those cast for the Presidential candidate.
He argued that 16 running mates have not contravened the provisions of Articles 100(1) (i) and (j) because they are not candidates in the nominations in issue and they are not amenable to be challenged under article 52(4) of the Constitution.
Kalaluka said the petitioners were not entitled to the reliefs prayed for.
In an affidavit in support of notice of motion to raise preliminary issues to dismiss matter on points of law, the Attorney General said Sishuwa and Kanda cannot bring the action pursuant to article 52(4) of the Constitution challenging the nominations for election to the office of vice-president.
He urged the court to dismiss the matter in its entirety.
Presindent Lungu’s running mate, Nkandu Luo, in her answer, stated that there was no position of ‘running mate’ created under the Constitution.
Prof. Luo whose answer to the petition is partially a copy and paste of Presindent Lungu’s answer in his eligibility petition, said that the chairperson of the Electoral Commission of Zambia Justice Esau Chulu, who is the returning officer in an election to the office of President, is the only person vested with the authority or power to reject, or accept a nomination of the Presidential candidate and his or her running mate.
She suggested that the nomination fee required to be paid under article 100(1)(i) and (j) of the constitution must be prescribed or provided for in an Act of Parliament.
“The Electoral Process Act of 2016 and the Electoral Process (General) Regulations 2016 as amended by the Electoral Process (General)(Amendment) Regulations 2021 do not prescribe any election fee to be paid on nomination of a running mate or Vice-President,” Prof. Luo claimed.
She charged that a challenge to the legality of the Electoral Process (General) Regulations 2016, specifically Regulation 11(3) cannot be made at this late stage as the petitioners were hopelessly out of time.
Prof. Luo said the assertion by the petitioners that she was not supported by the required threshold of registered voters from each province is not factual.
“The petitioners are not entitled to any reliefs because the petitions do not raise any cause of action against the first respondent as the determination that her nomination as running mate was and is valid was made by the returning officer,” Luo said.
“The declarations sought by Sishuwa and Kanda are incompetent and untenable as the determination of the retuning officer is now final and conclusive in the absence of a competent challenge.”
The former member of parliament for Munali Constituency said the remedy of certiorari sought by the petitioners cannot lie against her.
“The petitions do not disclose any reasonable cause of action against the first respondet’s nomination as vice-presidential candidate in the forthcoming general elections which is valid and was properly declared so by the returning officer,” said Luo.
“The petitions are non-justifciable, incompetent, frivolous and vexatious and the respondent therefore prays that the petitions be dismissed and the petitioners be ordered to pay costs of these petitions.”
And John Brown Harawa of UNIP said he was selected as running mate to Bishop Trevor Mwamba.
He claimed that he met all the qualifications in the constitution as required by ECZ for his selection as runningate and that none of the disqualifications apply to him.
“These petitions are non-justifciable, incompetent, frivolous and vexatious and they shouy be dismissed with costs because a running mate is not a candidate in elections for which nominations are in issue before court,” said Hara.