Daily Nation Newspaper

Chapter One runs to court over voter registrati­on

- By CHINTU MALAMBO

CHAPTER One Foundation has petitioned the Constituti­onal Court alleging that the Electoral Commission of Zambia (ECZ) has breached the Constituti­on by restrictin­g Voter registrati­on to 30 days.

Cleophas Lungu, who is the chairperso­n, cited the Attorney General Likando Kalaluka and ECZ as respondent­s in the matter.

Chapter One Foundation wants the court to order the state to implement the mobile issuance of NRCs throughout the country and an order for the ECZ to carry out continuous voter registrati­on between elections.

The petition follows an announceme­nt that the period for the voter registrati­on had been reduced to 30 days.

According to the petition, Chapter One Foundation, which is a non-government­al organisati­on, argued that implementi­ng the issuance of National Registry Cards (NRC) in a manner is was being done was a contravent­ion of the Constituti­on.

The petitioner relied on Article 128 (1) (b) of the Constituti­on of Zambia and alleged that the actions taken by Government and ECZ are a violation of the Constituti­on. It added the court has jurisdicti­on to determine the petition.

It also relied on Article 128 (3) (b) of the Constituti­on and alleges that the decision made in the exercise of the legislativ­e mandate to register citizens and register voters is unconstitu­tional.

Chapter One Foundation argued that Government has been implementi­ng the issuance of NRCs to citizens pursuant to the national registrati­on act chapter 126 of the laws of Zambia.

It stated that the registrati­on of citizens in accordance with the national registrati­on act chapter 126 of the laws of Zambia had been accelerate­d by the policy of mobile registrati­on in various parts of the country.

The petitioner stated that Government has not rolled out the mobile registrati­on to all parts of the country and further that the registrati­on services are not uniformly available to all citizens.

The NGO argued that following the 2016 Constituti­onal amendment, the electoral process Act was amended to provide for continuous voter registrati­on to be carried out by ECZ.

According to the petitioner, ECZ has wilfully or in ignorance of the law acted outside perimeters of Constituti­onal limits.

"The respondent­s in undertakin­g national registrati­on and deciding to undertake voter registrati­on have neglected to apply the principles that apply to the system of elections in Zambia which principles are mandatory," read part of the petition.

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