By McDonald Chipenzi
WHY WE NEED ART 52 IN OUR CONSTITUTION!
We have read arguments from PF legal chairperson Cde Brian Mundubile among others that Art 52 must go from the Constitution because it might bring confusion.
The reason, however, behind this argument and the insatiable appetite to repeal this article 52 as proposed by Bill 10 is, perhaps, to cement the need on their part to pass Bill 10 and pave way for a non-petitioned nomination process.
They have argued that petitions must be only done after the elections yet precedent have been bound on how such petitions have delayed in the courts of law e.g. Mwanawasa vs Muzoka which took 4 years and the current one of Lundazi MP vs Col Bizyayo Nkunika.
We have argued before that Bill 10 is not for women, youth and persons with disabilities or general citizenry with disabilities but for the self-preservation of one person in the name of President EDGAR CHAGWA LUNGU.
Art 52(4) stresses that “A person may challenge, before a court or tribunal, as prescribed, the nomination of a candidate within seven daya of the close of nomination and the Court shall hear the case within twenty-one days of its lodgement.”
This is where Bill 10 gets its thrust for its resuscitation even when it has collapsed by the promoters of this Bill.
We are all aware of the eligibility question still lingering over President Lungu’s head ahead of the 2021 General Election.
However, this process of nomination petitions, according to the Constitution, “shall be completed at least before a general election” (Art 52(5). This means that any nomination petition must be done and completed within 30 days.
If you analyse the recently released electoral roadmap by the ECZ, the campaign period has been reduced to 60 days while parliament dissolves 90 days to the General Election meaning that the 30 days must have been reserved for determination of the nomination petitions, if any.
The basis for petitioning any candidate of whether or not she/He qualifies for the aspired position is well tabulated in the Constitution for each elective position albeit that of a Councilor, Mayor/Chairperson, MP and President.
For the presidency and vice-presidency, one of the disqualifications to the office of president and vice-president include one who has served in and held the office of President/vice-president twice.
Therefore, to avoid the repeat of long period taken to dispose off post election petitions such as that of Lundazi MP vs Col Bizyayo Nkunika which has taken close to 4 years now in the Constitutional Court, Art 52 esp subarticle 4 is NEEDED and must not be discarded by Bill 10.
This is why we need ARTICLE 52 in the Constitution. Its proposed repeal by Bill 10 is mischievous, treacherous and any efforts to repeal it must be rejected and despised with the contempt it deserves.
I submit.