Monday 17th October 2022
The Constitutional Court has recognized that the order by the High Court to stay the elections in Kwacha and Kabushi Constituencies, remains valid.
Delivering the majority and minority judgements recognized that the order to stay the election by the High Court remains in force.
This means that the elections scheduled for Thursday will not take place.
On 13th September 2022, The Lusaka High Court granted Bowman Lusambo and Joseph Malanji their application to halt activities relating to the by-elections in Kabushi and Kwacha, pending determination of their matter.
On today, Monday, Justice Ann Sitali , Justice Judith Mulongoti and Justice Mulenga Mungeni delivered judgements on the petition brought to court by Governance activist, Isaac Mwanza and Green Party President, Peter Sinkamba.
In a majority ruling, the Constitutional Court has ruled that there was no need for the ECZ to conduct fresh nominations following the resignations of Alfred Yombo and Lawrence Kasonde in the Kwacha and Kabushi by-elections as the High Court had stayed the elections.
The Concourt stated that there was no breach by ECZ and the call for fresh nominations in light of the order of the High Court to stay the elections.
The Concourt has also declined to order ECZ to order fresh nominations.
The Concourt has also declined to grant orders sought by the petitioners regarding the filing of nominations.
But in the minority judgement, Justice Mungeni Mulenga ruled that the Constitution gives directives in a mandatory manner and that ECZ should have conducted fresh nominations.
She said the resignations by the two contestants required that the elections was cancelled and call for fresh nominations as stipulated in the Constitution were done.
She also castigated the ECZ stated that it was disgraceful for the entity to fail to conduct fresh nominations.
She insisted that the ECZ acted outside the constitution and any election held under these circumstances was illegal.
This is the case in which Green Party President, Peter Sinkamba and Good Governance expert, Isaac Mwanza petitioned the Constitution Court to compel the Electoral Commission of Zambia to call for fresh nominations following the resignation of independent candidates in Kwacha and Kabushi parliamentary by-elections.
On 12th and 13th September 2022, Alfred Yombo and Lawrence Kasonde tendered their resignations in writing as candidates for Kwacha and Kabushi by-elections.