PF Councilor petitions concourt over mayor seat

A PATRIOTIC Front (PF) councilor has petitioned the Constitutional Court over his eligibility to contest the executive mayor by-elections following the death of Lusaka Mayor Wilson Kalumba. According to originating summons filed before the Constitutional Court yesterday, Mpulungu Ward councilor in Mandevu Constituency, Christopher Shakafuswa and his endorser, Isaac Mwanza as first and second applicants, have asked for an interpretation of Article 158 on whether he ought to resign his position to be eligible to contest for mayor.

The two have sued the Attorney General and the Electoral Commission of Zambia (ECZ) as public legal advisor and elections organizer respectively.

“Whether or not a serving ward-based councilor intending to contest by-elections to the office of a mayor ought to resign his or her position as councilor.

“Whether a serving wardbased councilor who resigns his or her position would be eligible to contest the mayoral elections in view of Article 157(3) of the Constitution of Zambia,” he submitted.

Mr Shakafuswa, together with his endorser, Isaac Mwanza also filed a certificate of urgency to expedite the hearing of the matter as they seek the interpretation of whether or not a councilor who wins mayoral elections ought to quit his ward job to take up the new Mayor title.

In an affidavit in support of the originating summons, both applicants expressed interest in the election of Mayor for the City of Lusaka with Mr Shakafuswa wanting to run for the position.

He explained to the court that he has already filed his application to the Patriotic Front (PF) party for consideration as candidate, but that he has no intensions to resign his current position before his nominations with the ECZ. “In light of the foregoing, Mr Shakafuswa and Mr Mwanza seek an interpretation on whether or not, while serving as councilor, he can contest a mayoral election without resigning his seat pursuant to section 33 of the Electoral Process Act as read together with Article 70 of the Constitution.

“Your applicants also seed determination of whether or not a serving ward-based councilor who resigns his seat is disqualified from contesting the Mayor Elections in view of Article 157(3),” he said.

Lusaka Town Clerk Alex Mwansa last week through a letter informed ECZ of the vacancy that was created by the death of the first elected Executive Mayor the City of Lusaka, Mr Kalumba at University Teaching Hospital on May 14, 2018.

Seven constituencies including Chawama, Matero, Lusaka Cental, Kanyama, Munali, Mandebvu and Kabwata are expected to go to the polls to vote for the second Executive Mayor since the introduction of the position in the 2016 general elections. .