By PETER SICHALI
THE Electoral Commission of Zambia (ECZ) has no legal backing to ban PF member Chishimba Kambwili, from conducting campaigns, Lusaka lawyer Jonas Zimba has said.
Mr Zimba said the banning of Mr Kambwili defies the constitution and the rules of natural justice.
He said it was unfair for the ECZ to have taken a decision to ban Mr Kambwili from campaigning without giving him an opportunity to be heard.
Mr Zimba said it was breach of the constitution to ban an individual without getting his side of the story.
“The decision by ECZ to ban Mr Kambwili from campaign activities is unconstitutional and defies the rules of natural justice that requires any accused person to be heard,” Mr Zimba said.
He said the decision was an infringement on freedom of association.
“Even God himself did not just say Adam you have sinned am banishing you, instead he asked Adam: What have you done? That is natural justice,” he said.
Mr Zimba said ECZ should have invited Mr Kambwili before meting out punishment.
He said even as much as ECZ has the mandate to sanction, the decision taken on Mr Kambwili was extreme.
He said it was unfortunate that the punishment meted on Kambwili does not provide for a route to appeal.
“There also must be a route to appeal, not just sanctioning someone without being heard and no route for appealing,” Mr Zimba said.
Recently, ECZ suspended Mr Kambwili from conducting campaigns for breaching the Electoral code of conduct.