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