Amb Emmanuel Mwamba writes :
THE CONSTITUTION IS VERY INSTRUCTIVE-A CANDIDATE MUST BE TOLD IMMEDIATELY AFTER FILING IN WHETTER THEIR PAPERS ARE VALID OR NOT.
There appears to be a misrepresentation by the Electoral Commission of Zambia regarding the announcement of successful candidates three days after the filing of nominations. This is fundamentally a constitutional matter, and the Constitution itself provides clear guidance under Article 53(2), which states:
“A returning officer shall, immediately on the filing of a nomination paper, in accordance with clause (1), duly reject the nomination paper if the candidate does not meet the qualifications or procedural requirements specified for election to that office.”
The operative word in this provision is “immediately.” In constitutional interpretation, words are not inserted casually; they are presumed to carry deliberate legal meaning. The use of the term “immediately” suggests that the returning officer is required to determine, at the point of filing, whether a candidate satisfies the constitutional and procedural requirements for nomination.
This provision therefore implies that the qualification or disqualification of a candidate is not intended to remain pending for days after nomination papers have been filed. The Constitution envisages an instantaneous or contemporaneous verification process upon submission of the nomination papers. If a candidate fails to meet the prescribed qualifications or procedural standards, the nomination paper must be rejected forthwith.
The law however gives seven days (7) in which anyone can contest or challenge the valid nominations.
