By McDonald Chipenzi
THE IMPLICATIONS OF CHISHIMBA KAMBWILI’S CONVICTION ON BID TO BE PRESIDENT.
The judgement has been passed against CHISHIMBA Kambwili, the National Democratic Congress (NDC) President and 2021 general election presidential candidate, by magistrate, David Simusamba, whom the convictee was not comfortable with and still has a pending court case against him.
Regardless, as the fight to have the magistrate recuse himself or be removed, the magistrate has passed his judgement against Kambwili and now Kabwili has been found guilty on two counts of forgery and sentenced to one year for each count which will run concurrently.
Now, what is the implication of this judgement on his presidential bid for 2021general election?
The presidential bid has been thwarted unless he appeals and the higher court discharges the conviction or sentence.
Constitutionally, Art 100 (2)(h) and (i) states that “a person is disqualified from being nominated as a candidate for election as president if that person (h) is serving a sentence of imprisonment; or (i) has, in the immediate preceding five years, served a term of imprisonment of at least three years”
The one year imprisonment handed over to him means, if he served it, will only be out after the elections unless he is awarded presidential pardon and therefore disqualified.
I submit