AG WANTS EX-ECZ CHAIR CHULU JOINED TO SIKAZWE’S PETITION

THE Attorney General has applied to the Constitutional Court that former Electoral Commission of Zambia (ECZ) chairperson Judge Esau Chulu be joined to the proceedings in which Emily Sikazwe is challenging the decision by the President to “pre-maturely” terminate her employment as vice-chairperson of the Commission.

In an affidavit in support of summons for joinder of party to proceedings, Solicitor General Marshal Muchende said Justice Chulu should be joined to the case on virtue of being a signatory to Dr Sikazwe’s employment contract which is the source of contention.

“That there is sufficient interest for the intended second respondent to be joined to these proceedings because he signed the petitioner’s employment contract for the position of vice chairperson of ECZ,”

“The intended second respondent was on a frolic of his own that it has become imperative that he be joined to the proceedings herein as the outcome of these proceedings may affect him,” he submitted.

In this matter, Dr Sikazwe in a petition contends that President Hakainde Hichilema contravened article 216 and article 242 as well as section 5 (3) and 6(1) of Act no. 25 of 2016 as amended by Act no. 5 of 2019 of the Electoral Commission Act as it shows a clear indication by the President to replace the rule of law with the rule of man.

The petitioner seeks an order that the decision by the President to prematurely terminate her employment as vice- chairperson of ECZ which was supposed to run from 2020 to 2027 is null and void and devoid of merit.

Dr Sikazwe also seeks an order that the Head of State contravened articles 216 and 242 of the Constitution chapter 1 of the Constitution as read with section 5 (3) and 6(1) of Act no.25 of 2016 as amended by Act no.5 of 2019 of the Electoral Commission Act.

She wants the State to pay her damages for misfeasance in public Office.