M’membe
M’membe

SP will do ‘everything possible’ for Malanji,Lusambo to win back their seats – M’membe

By Fanny Kalonda

SOCIALIST Party president Fred M’membe says it will be difficult for the Electoral Commission of Zambia to win back public trust as it disgraced itself by rejecting nomination papers for PF candidates to recontest their seats.
He says the SP “will do everything possible to ensure that Mr Malanji and Mr Lusambo win back the seats that were unjustly and unfairly taken away from them.”
Last month, ECZ rejected nominations for Bowman Lusambo to recontest in Kabushi and Joseph Malanji Kwacha citing Article 72(4) of the Constitution.
But on Wednesday the Constitutional Court ruled that a member of parliament whose election has been nullified is not prevented by Article 72(4) of the Constitution from recontesting.
Judge Palan Mulonda on behalf of Mungeni Mulenga, Matthew Chisunka and Judy Mulongoti said there is lacunae in Article 72(2) regarding a vacancy occurring in parliament when a member of parliament’s election is nullified by the High Court and where there is no appeal and a nullification by the Constitutional Court where there is an appeal.

“Article 72(4) does not apply to all the instances outlined in Article 72(2) which clearly specifies which situations causes a vacancy that would disqualify a person from contesting an election or holding public office. In conclusion, we find that Article 72(4) has specified which categories of persons cannot contest an election and these are specified in Article 72(2) a,b,c,d,g and h. These persons do not include those members whose seats fell vacant by virtue of a nullification of an election,” ruled the majority.

However, Court vice-president Margaret Munalula in her dissenting judgment said: “The lacunae in Article 72(h) does not warrant this court doing nothing or providing an interpretation declaring clause (4) redundant. That is not the way constitutional issues ought to be interpreted which is old fashioned. The meaning of causing a vacancy in the National Assembly as stated by Article 72 is that it bars a person who has caused a vacancy by specified circumstances from contesting an election.”

In a Facebook posting, Dr M’membe welcomed the ConCourt’s decision “to mitigate its wrong decisions on the nullification of the Kwacha and Kabushi parliamentary seats”.

“It was injustice to have nullified those seats in the first place. It would be a gross injustice not to allow Mr Joseph Malanji and Mr Bowman Lusambo to recontest those seats. And the Electoral Commission of Zambia has really disgraced itself. It will be very difficult for it to win back public trust,” he argued. “And as we had clearly and emphatically stated it was these injustices that moved the Central Committee of the Socialist Party not to field candidates in these two constituencies but to support Mr Malanji and Mr Lusambo. Above all, always be capable of feeling deeply any injustice committed against anyone, anywhere in the world. The true revolutionary is guided by great feelings of love.”

Dr M’membe said the Socialist Party would do everything possible to ensure PF candidates win the Kabushi and Kwacha seats.
“For us, there is no choice between being principled and unelectable; and electable and unprincipled. We should win because of what we believe in. For us the emotions that saturate our political decisions and revolutionary actions – love for justice, hatred of injustice – relentlessly challenge and undermine the intersections between law and injustice in our country. We will do everything possible to ensure that Mr Malanji and Mr Lusambo win back the seats that were unjustly and unfairly taken away from them. And we call upon all Zambians of goodwill, whatever justified displeasure or distaste they may have with or for Mr Malanji and Mr Lusambo, to support justice and ensure that justice prevails by helping them win back their seats,” he said. “A new and complex era such as this requires principles more than ever. Political ideas, political manoeuvres are worthless if they are not inspired by noble, selfless sentiments. Likewise, noble sentiments are worthless if they are not based on correct, just and fair ideas. We have chosen to defend certain principles that are of tremendous value at a time of confusion and opportunism in our country, a time when many politicians are feathering their own nests.”
He however reiterated that the support to the PF does not mean that there is an alliance between the Socialist Party and PF.
“We don’t need alliances or pacts to fight injustice and offer solidarity to victims of injustice. We believe in being there for others even if there’s nobody there for us,” said Dr M’membe.

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