By GRACE CHAILE LESOETSA
PATRIOTS for Economic Progress (PeP) president Sean Tembo has argued that the Electoral Commission of Zambia (ECZ) is violating a fundamental principle of democracy, which is free flow of public information by refusing to publish declared assets of President Hakainde Hichilema.
Mr Tembo stated that ECZ being a public body has an obligation to ensure transparency and free dissemination of information in a democratic nation.
This is in a matter where the PeP leader has petitioned ECZ in the Constitutional Court over its failure to publish the statutory declaration of assets and liabilities of Mr Hichilema, thereby, contravening the constitution.
ECZ in its answer to Mr Tembo’s petition said that there is no constitutional provision that compels it to publish the declared assets and liabilities of presidential candidates.
But the petitioner has contended that Article 173(1)(h) of the constitution of Zambia(amendment) Act no.2 of 2016 imposed an obligation on all public institutions to promote dissemination of public information timely and accurately on matters that is of interest to the public.
He also argues that the Electoral Process Act no.35 of 2016 under section 3(c) enforces an obligation on the Commission to ensure transparency and credibility in the conduct of electoral proceedings.
“Further the national value and principal of democracy and Constitutionalism ‘ recognized under Article 8(C) of the Constitution of Zambia (amendment) act no.2 of 2016 includes transparency and free dissemination of information as this is an important aspect of democracy. The first respondent, ECZ, being a public body and holding a vital role in a democracy, has an obligation to implement the above principles,” Mr Tembo stated.
He stated that ECZ is not obligated by any law to refuse a legitimate request from the public to disseminate public information.
“The first respondent’s refusal to publish vital public information is in conflict with the spirit and tenor of the constitution, the Electoral Processes Act and the Electoral Commission of Zambia Act,” he contended.
Ends.
