ECZ CHALLENGED OVER ELECTIONS

By GRACE CHAILE LESOETSA LUSAKA lawyer, Michael Mutwena has petitioned the Constitutional Court contending that the Electoral Commission of Zambia (ECZ) has no powers to cancel or postpone any election held under a general election. Mr Mutwena who cited the Attorney General Likando Kalaluka wants the Constitutional Court to interpret constitutional provisions that relate to …

ECZ CHALLENGED OVER ELECTIONS
By GRACE CHAILE LESOETSA LUSAKA lawyer, Michael Mutwena has petitioned the Constitutional Court contending that the Electoral Commission of Zambia (ECZ) has no powers to cancel or postpone any election held under a general election. Mr Mutwena who cited the Attorney General Likando Kalaluka wants the Constitutional Court to interpret constitutional provisions that relate to the matter and circumstances under which an election may be cancelled. According to the originating summons filed into court, Mr Mutwena seeks a declaration that pursuant to Article 52(6) of the constitution, ECZ only has powers to cancel or postpone a stand-alone Presidential election, as provided for in Article 106(5) and 105(8), or Parliamentary by elections and local government by-elections, as provided for in Article 57 and that all elections held under a general election are not amenable to cancellation or postponement by the commission. He wants the court to declare that ECZ with respect to general elections, only has the obligation and power to cancel nominations where there is death, resignation or disqualification of a candidate after close of nomination, and that they are further constitutionally obligated to hold fresh nominations and maintain the date of such general election as set out in the constitution, for all elections that are supposed to be held under general elections. Mr Mutwena also seeks a declaration that a vacant seat or office of MP, Mayor, Council Chairperson or Councillor caused by the expiration of the term of office and dissolution of Parliament or council, pursuant to Article 72(1), 81(1) and (3) and 157(1), is fundamentally different from a vacant seat, as defined in Article 72(2) and Article 157(2).