ECZ IS NOW CLEAN, ATTORNEY GENERAL TELLS COURT
LUSAKA, Wednesday, October 12, 2022 (SMART EAGLES)
ATTORNEY General Mulilo Kabesha has told the Constitutional Court, in documents filed before the Court and seen by Smart Eagles, that the withdrawal of the resignations by the Kwacha and Kabushi Constituency independent candidates has ended the contention before Court.
But Green Party President Peter Sinkamba and Governance Activist Isaac Mwanza said the retraction of resignation by a candidate does not cleanse the Electoral Commission of Zambia (ECZ) of having contravened the Constitution.
The Constitutional Court is set to hear a petition tomorrow in Ndola at 12:00 hours in which the petitioners are seeking an order that the failure by ECZ to cancel an election and hold fresh nominations contravene the Constitution.
The dual are also seeking an order to declare that the election in Kabushi and Kwacha constituency cannot be held on the basis of nominations that became invalid when candidates resigned.
When the Court was about to deliver a judgment last Tuesday, the Attorney-General asked the Court not to deliver the judgment so he could intervene in the case.
In arguments filed on Court on Monday, the Attorney-General said the contravention of the Constitution by ECZ is no longer there since the candidates who resigned have rescinded their resignation.
But in the answer filed by the petitioners, the Court has been told that the performance of an act by a party or third party does not atone for the sin of contravening the Constitution by the Commission.
They have asked the Court to make the orders that will cancel an election, hold fresh nominations and conduct election in Kabushi and Kwacha constituencies before the end of the 90 days.
