Daily Nation Newspaper

2 petition ConCourt to cancel suspended Kabushi and Kwacha by-elections

- By KETRA KALUNGA

GREEN Party President Peter Sinkamba and Governance activist Isaac Mwanza have petitioned the Constituti­onal Court to order cancellati­on of the suspended by-elections in Kabushi and Kwacha constituen­cies and call for fresh nomination­s.

The last day for holding a by-election in Ndola’s Kabushi Constituen­cy is October 27, 2022 while the last day for the Kwacha by-election in Kitwe is November 2, 2022 which is 30 days after the nullificat­ion of the two parliament­ary seats.

Mr. Sinkamba and Mr. Mwanza have told the ConCourt that any holding of the by-elections outside the 90 days would be illegal as the constituti­on has not provided for extension of the time frame by any person, state organ or state institutio­ns.

The petitioner­s contended that if the period for holding the by-elections in Kabushi and Kwacha constituen­cies expire, the implicatio­n is that there would not be representa­tion of the people in Kabushi and Kwacha because the constituti­on has not given any institutio­n to extend the 90 days.

Mr. Sinkamba and Mr. Mwanza told the ConCourt that the Electoral Commission of Zambia made an omission by failing to cancel the election on September 14, 2022 after accepting resignatio­ns by candidates in the Kwacha and Kabushi by-elections.

The petitioner­s said the 90day time frame for holding by-elections in Kwacha and Kabushi constituen­cies which fell vacant was prescribed by the constituti­on and cannot be enlarged by any person, State organ or State institutio­ns.

They stated in a court filing that the prescripti­on of the 90-day time frame for holding by-elections was meant to cure prolonged uncertaint­y in which parliament­ary seats remained vacant thereby depriving the people of representa­tion in the National Assembly.

 ?? ?? Mr Sinkamba
Mr Sinkamba

Newspapers in English

Newspapers from Zambia