SP OBJECTS PLANS TO AMEND CONSTITUTION BASED ON ‘CAMPAIGN PERIOD’
…..says there is no contradiction between Section 2 of the Electoral Process Act and Article 81 (3) as both Parliament and Campaign period stand for 90 days
Lusaka… Tuesday November 5, 2024
The Socialist Party (SP) says there is no contradiction between Section 2 of the Electoral Process Act and Article 81 (3) as both Parliament and Campaign period stand for 90 days or three months before the date of a general election.
The Electoral Commission of Zambia (ECZ) has stated that it recognizes the need to address the lacunas identified in the constitution and other electoral laws to ensure the smooth implementation of the electoral process.
The Commission said some provisions in the constitution and the Electoral Process Act that need to be addressed include delimitation, qualifications for mayor and council chairperson, independent candidates, and the definition of the campaign period.
But SP General Secretary Dr Cosmas Musumali says the reasons advanced by the ECZ do not warrant or merit constitutional amendment.
He said there have been no challenges when it comes to having the 90 days or three months of campaigns before the actual day for the elections.
He said this when he made submissions to the Electoral Reform Technical Committee spearheaded by the Electoral Commission of Zambia (ECZ).
“The ECZ allegation on definition of Campaign Period: Section 2 of the Electoral Process Act defines “campaign period” to mean a period of three months before the holding of an election. Whereas Article 81 (3) provides that Parliament shall stand dissolved ninety days before the holding of the next general election. Section 2 of the Electoral Process Act therefore creates an ambiguity in the case of a general election as campaigns are expected to commence before Parliament dissolves in line with Article 81(3),” he stated.
“Our position on definition of Campaign Period: There is no contradiction between Section 2 of the Electoral Process Act and Article 81 (3), as both Parliament and the Campaign period stand at 90 days (3 months) before the date of a general election.”
Dr. Musumali further said the spirit behind dissolving Parliament is to pave way for the campaign period and to ensure a level playing field for candidates participating in an election.
“It minimizes the “incumbency benefit” and the laws as they stand today deliver this. In 2021, Parliament was dissolved on 12th May 2021 and the campaign period run from 12th May 2021 to 11th August 2021, therefore, the spirit behind this constitutional provision and the Electoral Process Act where achieved. This does not warrant or merit constitutional amendment,” he concluded.
