By GRACE CHAILE LESOETSA
STATE Counsel John Sangwa has petitioned the Constitutional Court to declare Professor Nkandu Luo, Mutale Nalumango and 10 other running mate candidates’ respective nominations for election to the office of Vice-President null and void.
Mr Sangwa through the Legal Resources Foundation Limited seeks a declaration that the 12 candidates had allegedly not complied with the provisions of article 100 (1) and (j) of the Constitution to pay nomination fees and provide 100 supporters from each province.
He also wants an order (of certiorari) that the petition be allowed and the 12 nomination papers filed with the Returning Officer be removed forthwith into the ConCourt for purposes of quashing.
Mr Sangwa has cited Professor Luo of the Patriotic Front (PF), Ms Nalumango for United Party for National Development (UPND), Dr Cosmas Musumali for Socialist Party, Ms Judith Kabemba (Democratic Party), Mr Bright Chomba (Third Liberation Movement), Mr Henry Muleya (Patriots for Economic Progress), Mr Samuel Kasanka (New Heritage Party), Mr Changala Siame (Economic Freedom Fighters), Ms Rosemary Chivumba (Zambia United for Sustainable Development), Mr Kaela Kamweneshe (Leadership Movement), and Mr Kasote Singogo (Party of National Unity and Progress) as respondents in the matter.
He stated that the respondents did not pay the nomination fees and did not comply with the provisions of 100 supporters from each province as required by the law when filing their nominations.
“Notwithstanding the respondent’s failure to comply with Artcile100 (10 (i) and of the Constitution, the returning officer declared the respondents nominations for election to the office of Vice-President valid,” Mr Sangwa stated.
He also said that by not paying the nomination fees for the respondents, they have contravened Article 100(1) of the constitution and were not supported by at least 100 registered voters from each province.
But Lusaka lawyer, Tutwa Ngulube said Mr Sangwa was offside and that there was no legal backing for his petition.
Mr Ngulube said the constitution only provided for Presidential candidates to pay nomination fees and provide 100 supporters from each province.
He said running mates were not Presidential candidates for them to pay the fees and provide the 1, 000 supporters.
Mr Ngulube called on the courts to declare Mr Sangwa a vexatious litigant for always wasting the court’s time.
He said Mr Sangwa’s petition against the running mates was a waste of court’s time because it did not have any legal backing.