NAREP chiefs take presidential tiff to court
…Maboshe-led faction petitions Steven Nyirenda’s Presidential nomination
CHARLES Maboshe has petitioned the Constitutional Court to declare Steven Nyirenda’s Presidential nomination for the 2021 elections null and void because he is expelled from the National Restoration Party (NAREP).
Mr Maboshe, who is leading the opposing NAREP faction seeks a declaration and an order that the nomination filed by Mr Nyirenda on May 19, 2021 with the Returning Officer and all documents in support of his nomination for election of the office of president in the August 12 elections is null and void.
Mr Nyirenda and his running mate Ms Lucy Changwe are first and second respondents in the petition while the Electoral Commission of Zambia (ECZ) are cited as third respondent.
In his petition, Mr Maboshe stated that Mr Nyirenda by resolution of the national executive committee was expelled from NAREP on August 12, 2020.
Mr Nyirenda however challenged his expulsion through legal proceedings under cause number 2020/ HP/799 and the matter which is before Judge Wilfred Muma is yet to be heard at inter-parte stage nor to determine the injunction.
Mr Maboshe said that he has at different times written to ECZ of the said matter before court and that it should not accept any candidate’s nomination under NAREP pending the determination of the case.
“The petitioner takes grave concern that the Chief Electoral Officer of ECZ in allowing the filling of a nomination by the 1st and 2nd respondent deliberately chose to disregard the fact that he was making pronouncements on a matter that is subjudice and is yet to be determined by the High Court of Judicature for Zambia,” he said.
“That to continue to allow the candidate to stand in the absence of a decision by the court to determine the matter relating to the leadership of the party would lead to an interference with the due administration,” Mr Maboshe said.
He said Mr Nyirenda is not a presidential candidate of NAREP as he is not an elective party member because he does not qualify in line with the party’s constitution under article 25 (b).
Article 25 (b) of the NAREP constitution states: he or she has been a continuous member of the party for at least one year, except in respect of the first Ward committee, Constituency Committee or NEC elected into office after the coming into effect of this constitution.
Mr Maboshe said Mr Nyirenda joined the party in November 2019 and was expelled in August 2020, therefore he cannot hold an elective position such as that of party president while Ms Changwe has never been a member of the party.