Daily Nation Newspaper

NULLIFICAT­ION WITHOUT A ‘RED CARD’ IS MEANINGLES­S

- Dear Editor, MIKE CHUNGU.

THE Constituti­onal Court (ConCourt) upheld its 2022 ruling that nullificat­ion does not entail disqualifi­cation and therefore Mr Bowman Lusambo and Mr Joseph Malanji were eligible to contest the Kabushi and Kwacha constituen­cy by elections respective­ly (Daily Nation, March 16 2023).

I will leave the legal review to Mr Isaac Mwanza, because I am not a lawyer, but I will only make commentary on the political and ethical ramificati­ons of the ruling. What this ruling has done is simply to make nullificat­ion of seats an academic exercise.

Of the two cases, I have sympathy for Mr Malanji because his seat was nullified on the basis of lack of a Grade 12 certificat­e which in my view is irrelevant. There is no need to discuss it.

But for Mr Lusambo, his case is different and relates to corruption and violence. His victory was soaked in blood.

The ConCourt even wrote the report to the Anti-Corruption Commission, so that it could pursue the matter of corruption cited in the case.

In the same breath however, the ruling implicitly orders a re-match without serious sanctions such as disqualifi­cation for the culprit who has caused the nullificat­ion.

What is the value of this ruling which now is a case law in the promotion of ethical leadership? Nothing.

Our electoral process is ridden with corruption and violence as the Lusambo case shows, but in the face of overwhelmi­ng evidence, the only thing the ConCourt can do is nullify the seat.

In many by-elections that follow such ruling, it is the same candidates that parties adopt and they go to use the same electoral strategies bordering on corruption and violence. And so, this judgement only promotes the culture of impunity.

As a matter fact, there is no longer value of aggrieved persons petitionin­g election results because nullificat­ion does not carry significan­t sanction as disqualifi­cation, it is a sheer waste of resources.

What really is the philosophi­cal basis of ruling of this nature? Legal philosophe­rs must guide us. It seems to me that this ruling is all about individual liberty, yet the nullificat­ion and disqualifi­cation is means to an end - public interest. And in this case, public interest is about the preservati­on and promotion of leadership integrity.

 ?? Mr Lusambo ?? Mr Malanji
Mr Lusambo Mr Malanji

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