WITHDRAWALS CANT RESULT INTO FRESH NOMINATIONS AND ELECTIONS
Again a debate is being generated around schemes to entice some duly nominated candidates to withdraw from the Kabushi and Kwacha by-elections to create possible space for fresh nominations and election.
This may be an exercise in futility for those planning to do so if the Electoral commission of Zambia (ECZ) is to correctly read and apply the law as it is as done in recent nominations.
Art 52(6) stressively provides avenues that cause for FRESH NOMINATIONS AND ELECTIONS.
Namely; death, resignation from the party and disqualification by the cpurts, of a duly nominated candidate for the election at ward, constituency or/and presidential.
Others have cited the case of Kabwata by-election as a precedence.
They have conveniently ignored the facts that the UPP duly nominated candidate, first withdrew from the Kabwata race, and, later, resigned from the UPP, sponsoring party.
This action taken by the UPP candidate to withdraw and submit a resignation letter from his party to ECZ, though shocked the party, triggered fresh nominations and election.
This is when the ECZ cancelled the Kabwata by-election in Kabwata Constituency and called for fresh nominations and set another by-election date.
Therefore, if those planning to derail the by-elections in Kabushi and Kwacha entices any Independents other than candidate on a party ticket to withdraw from race and resign from his/her sponsoring party,, that withdrawal has no consequences on the by-elections.
This is because a withdrawal is not provided for in the Constitution as an avenue to force the ECZ to cancel the recent nominations and call for fresh ones and fresh date for the by-election.
Let the KABUSHI and Kwacha by-elections proceed as planned as there is no law on withdrawals.
I submit
McDonald Chipenzi