By GRACE CHAILE LESOETSA
THE UPND has challenged the banning of rallies by the Electoral Commission of Zambia as being capricious and without authority of law.
And if the Ndola High Court grants them permission for judicial review, they want rallies to resume pending the full hearing of the challenge.
In this matter filed in Ndola High Court, the UPND has sued the Electoral Commission of Zambia (ECZ) and Government seeking judicial review over the decision to ban campaign rallies.
Lead lawyer Marshal Muchende says the party wants ECZ to allocate time on public radio, print media, television and electronic media to political parties and independent candidates to canvass.
The party wants the Court to declare the decision by ECZ to ban campaign rallies during the ‘campaign period’ leading to the august 12 general elections capricious and illegal.
The application will be heard this morning, ex parte if granted.
UPND is seeking a declaration that ECZ has abrogated its responsibility under Section 8 of the Electoral Code of Conduct to prescribe airtime to all public television, radio and print media for the benefit of all participating parties and independent candidates for the elections.
It wants ECZ to prescribe the airtime in any language on all media platforms.
The party has also requested that its application be heard at substantive stage before a judge pursuant to Rule 3/3 of order 53 of the Rules of the Supreme Court.
Mr Bukata Imenda suing in his capacity as party General secretary stated that the purported reason by ECZ that the rallies pose a health risk or an upsurge in the wake of Covid-19 pandemic is neither anchored on nor authorised by any provisions of legislation that govern the establishment and operation of the commission.
Mr Imenda stated that the Standard Operating Procedures (SOPs) that prescribe the holding of rallies are not provided for in the ECZ Act no. 25 of 2016 (as amended by Act No.5 of 20190 as read with the provisions of the Electoral Process Act no.35 of 2016.
The UPND is represented by Messrs M Associates, Muleza Mwiimbu and Associates, Messrs Malambo and Company and A Mbambara Legal Practitioners.
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