FORMER Kwacha PF member of parliament Joseph Malanji and his Kabushi counterpart Bowman Lusambo have asked the Lusaka High Court to suspend by-elections in the two constituencies pending determination of the matter in which they have contested the Electoral Commission of Zambia’s decision to declare their nomination invalid.
The two have expressed fear that they will suffer great injustice, should the High Court decline to grant their application to halt the by-elections as their petition will be rendered an academic exercise and nugatory.
In this matter, the duo wants the court to order that the ECZ holds fresh nominations for the two constituencies.
They want a declaration that the decision by the ECZ’s agents to decline their nomination amounts to interpreting the Constitution, which is a judicial function and is in excess of the powers given to the institution under Section 4 of the electoral commission Act No. 25 of 2016.
Malanji and Lusambo want an order of certiorari to quash the decision of the ECZ’s returning officers to reject and declare their nominations as invalid.
According to an affidavit in support of summons for leave to suspend or stay by-elections for Kwacha and Kabushi constituencies sworn by Malanji, the duo stated that on August 25 this year, they filed their nomination papers and the returning officers of the ECZ declared their nomination invalid for reasons that their election in the August 12, 2021 General Election was declared void.
Malanji said the High Court scheduled a status conference for September 8 at 14:00 hours.
He saud the elections are slated for September 15, 2022 and that there is a likelihood that the matter may not be heard and disposed of by the time elections will be conducted.
“There is a chance that the petitioners will be deprived of their right to participate in the forth coming elections for the two constituencies,” said Malanji.
“This court is clothed with the necessary jurisdiction to order ECZ to stay or suspend any acts in relation to and holding of by-elections pending determination of this matter.”