NULLIFICATION OF KABUSHI SEAT: ONE MORE STEP REMIANING.
The news that High Court Judge Edward Musona has nullified Bowman Lusambo’s KABUSHI SEAT in Ndola has been greeted with alot of misinformation suggesting that the former lawmaker cannot recontest his seat in an event of by-election.
It is not true that a person whose seat has been nullified by the court or tribunal cannot recontest his/her seat during the life of that parliament in an event of a by-election.
There is no electoral law to that effect that support that argument because one is only barred from recontesting his/her seat, only if, s/he is disqualified in accordance with Article 70, resigns from parliament or and from the political party that sponsored him/her and or crosses the floor from being independent joins a political party.
This is guided by the provisions of Art 72(4) of the Constitution of Zambia and the basis of disqualification from being a member of Parliament are also well put in Art 70.
Additionally, the court, due to violence and bribery or other malpractices, may pronounce a disqualification against him/her from contesting any future election.
Without such a pronouncement from the court in the judgement disqualifying the petitioned, that person is eligible to recontest his/her seat regardless of the proved electoral malpractices in the judgment leading to nullification of the seat.
This means that a mere loss of an elective seat in a court of law or tribunal does not necessarily means someone has been disqualified from recontesting his/her seat.
So the KABUSHI petition has just past one stage-which is High Court -remaining with the last one stage which is an appeal in the Constitutional Court whose decision will be final.
In the past experiences, all nullified seats at High Court level were overturned by the Constitutional Court such as the Munali, Lusaka Central among other petitions.
In this regard, Bowman’s political career or road or journey has not yet ended as he still has an appeal space in the Constitutional Court.
Further, if not disqualified by the court, Bowman still qualifies to recontest his KABUSHI seat in the ensuing by-election if he appeals and the Constitutional Court decides to uphold the High Court decision to nullify his seat.
However, it seems Bowman has been greeted with so many political and social challenges that may drain his financial muscle.
I submit
McDonald Chipenzi