STANDING AS AN INDEPENDENT MP IN ZAMBIA IS AS EASY AS INHALING OXYGEN.
Many people have been calling me enquiring whether they can stand as independent candidates after failing to secure adoptions from their respective political parties.
This is in view of a constitutional clause demanding that one qualifies to file in as an independent candidate if that candidate “has not been a member of a political party for at least two months immediately before the date of the election*
Meaning one has to resign from his/her political party 2 months immediately before the date of the election though the catch word on this provision is that of one not being a member of any political party.
My honest response has been in affirmative as the constitutional provision does not affect any aspiring candidate who is currently a member of political party and aspiring to be adopted as such by that political party to stand as an independent .
Article 51 guides that “A person is eligible for election as an independent candidate for a National Assembly seat if the person—
*(a) is not a member of a political party and has not been a member of a political party for at least two months immediately before the date of the election*”
However, this article still implies that at the time of NOMINATION, one must not belong to any political party but does not give a timeframe when one shouldn’t be a member of a political party.
This means that one’s resignation is only effected 2 months before an election date, not outside the 2 months to ELECTION date, in this case August 12, 2021 and due date of not having a party membership is June 12, 2021.
On nomination date, one must not belong to any political party for him/her to qualify to file in as an independent.
The ineffectiveness of this Article is that no adoptions or nominations take place 2 months immediately before the date of election.
Nonetheless the first part of the Article 51(a) saves the situation as the provisions that demands that “the person [must] not [be] a member of a political party…”
Instead, adoptions and nomination happen 3 months to the election date which makes everyone elligible to stand as an independent candidate as long as one claims does not belong to any political party at nomination.
The implication then is that the law on 2- months-no-party membership barring one from standing as an independent member and file in nominations to stand as an independent candidate before the 2 months to the election date is due is a redundant clause.
As to those wanting to stand as independent Councilors (Mayor, chairperson or ordinary council), the law does not demand of them to belong to any political party or resignation but can just freely independents as Article 51 (a) only applies to MPs.
They need not to be sponsored by any political party if they don’t wish to do so and there is no harm in them to stand and contest on any political party ticket.
With the foregoing, political parties must handle the adoption of candidates processes cautiously to avoid aggrieved aspirants from opting to stand as independents which is an open woodland.
Hope those who were asking me the questions on independent standing for elections as MPs and Councilors are made clear from this Article.
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Chipenzi