By Mwaka Ndawa
THE UPND has commenced judicial review proceedings in the Lusaka High Court against the Electoral Commission of Zambia (ECZ) which barred the opposition party from conducting campaigns in Ikeleng’i, Sioma and Kanyama constituencies.
The main opposition party argues that the Commission’s decision to prevent it from campaigning in the three constituencies was illegal as it violated Section 112 of the electoral process Act No. 25 of 2016, which requires it to be the mediator in any dispute or complaint.
Party secretary general Batuke Imenda and two parliamentary candidates of the affected constituencies Elijah Muchima and Monty Chinkuli have cited the electoral body and the Attorney General as first and second respondent respectively in the matter.
The UPND is seeking an order to nullify the decision of the ECZ to suspend its campaign activities in the three constituencies during the six-day campaign period leading up to the general election slated for August 12, 2021.
The party wants an order of certiorari to quash the decision of the ECZ.
The UPND is also seeking a declaration, among others, that the Commission’s decision is not in line with the precedent it set in dealing with or suspending the erring individual members of the ruling PF party.
The party cited the Chishimba Kambwili tribal campaign complaint as opposed to meting out a wide censure on the UPND for criminal offenses committed by individuals who are not its known members.
In an affidavit verifying facts in support of ex-parte summons for leave to apply for judicial review and for leave to operate as a stay of the decision, Imenda said on July 28, 2021, ECZ announced its decision to immediately suspend UPND campaign activities in Ikeleng’i and Sioma constituencies.
He added that on August 3, 2021, the Commission announced its decision to suspend the party’s campaign activities in Kanyama constituency which has about 177,000 registered voters.
Imenda contended that the Commission’s decision negatively impacted Hichilema, his running mate, Muchima and Chinkuli who are aspiring candidates in Ikeleng’i and Sioma, by crippling their ability to conduct their campaigns in the constituencies.
“The said decision also affected all my local government candidates in the said constituencies by stopping their campaign activities whilst their contenders go about their campaigns, hence tilting the playing field to the irreparable detriment of my candidates,” Imenda submitted.
Imenda said he was not given a charge or complaint, nor an opportunity to be heard on any allegations made against the party; neither were his candidates given any charge or complaint in relation to the reason that led to ECZ banning campaigns in the three constituencies.
Imenda said he wrote to ECZ on different dates to lift the suspension in the three constituencies and give the party an opportunity to be heard but his letters were ignored.
“The first respondent is acting unfairly and illegally towards my party (UPND) in favour of the PF. My party has for a long time suffered violent attacks from the PF but the first respondent has never taken such a drastic measure against the party enjoying incumbency,” he contended further.
“In the same constituency of Kanyama, our party members including one of the murdered youth Danny Chingangu, was attacked by PF cadres and our office was demolished by the PF cadres but the first respondent passed the blame on my party instead of referring the matter to the police for their investigations and prosecution of the matter in court.”
Imenda said his party members like Jorum Lata of Mandevu constituency lost his life at the hands of the PF and ECZ has done nothing after the incident was reported.
He said the Commission was however too quick to blame the UPND for criminal activities that took place in Kanyama.
Imenda added that President Edgar Lungu had deployed the army to reinforce security ahead of the elections.
He said ECZ’s decision was unreasonable and excessive since all the political players, including the UPND, had been a targets of violent attacks by PF cadres.
“Unless the leave of the court to issue judicial review operates as a stay of the impugned decision, UPND will suffer irreparable damage as my candidates will have no opportunity to campaign in the affected constituencies since the national polls will happen on August 12, 2021 as dictated by the Constitution of Zambia,” submitted Imenda.