“SUSPEND THE BY-ELECTIONS WE TEACH UPND A LESSON.” PF
FORMER Kwacha Constituency PF member of parliament Joseph Malanji and his Kabushi counterpart Bowman Lusambo have asked the Lusaka High Court to suspend by-elections pending determination of the matter in which they have contested the Electoral Commission of Zambia’s decision to declare their nominations invalid.
The two fear that they will suffer great injustice should the High Court decline to grant their application to bring the by-elections to a standstill as their petition will be rendered an academic exercise and nugatory.
In this matter the duo wants the court to order that the ECZ holds fresh nominations for the two constituencies.
They want a declaration that the decision by the electoral body’s agents to decline their nomination amounts to interpreting the Constitution which is a judicial function and is in excess of the powers given to the ECZ under Section 4 of the electoral commission Act no.25 of 2016.
Malanji and Lusambo want an order of certiorari to quash the decision of the ECZ’s returning officers to reject and declare the nominations of the petitioners as invalid.
According to an affidavit in support of summons for leave to suspend or stay by-elections for Kwacha and Kabushi constituencies sworn by Malanji, the petitioner’s stated that on August 25, this year they filed their nomination papers and the returning officers of the ECZ declared their nomination invalid on reasons that their election in the August 12, 2021 general election was declared void.
Malanji said the High Court scheduled a status conference for September 8 at 14:00 hours.
The elections are slated for September 15, 2022 and there is a likelihood that that the matter may not be heard and disposed of by the time elections will be conducted.
“There is a chance that the petitioners will be deprived of their right to participate in the forthcoming elections for the two constituencies,” said Malanji.