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THE State has submitted to the Constitutional Court that the petition by UPND member Joseph Busenga seeking the removal of section 97 (2) (a) of the Electoral Process Act no.35 of 2016 from the constitution be granted as it makes it difficult to nullify an election characterised by malpractice. 

It admitted that the said section is inconsistent with article 45 which discourages acts of election malpractice and instead promotes corrupt and illegal practices.

In this matter, Mr Busenga, a member of the UPND media committee  seeks an order that  section 97 (2) (a) of the Electoral Process Act no.35 of 2016 be removed from the statute books  as it aids  corrupt practices while protecting undemocratically elected public officers.

Mr Busenga contends that the said article makes it difficult for the courts of law to nullify elections marred with intimidation, violence and corruption.

He has cited Attorney General as the respondent in the petition.

Mr Busenga stated that Section 97(2)(a) of the Electoral Process Act are inconsistent with Articles 8 and 45(2)( a) and ( b).

The State in its answer to the petition through the Attorney Generals’ chambers submitted that the petitioner was entitled to the reliefs he was seeking.

“There is an inconsistency in section 97(2) (a) of the Electoral Process Act because, the section promotes corrupt and illegal practices and misconduct which article 45 of the constitution discourages such practices,” the State submitted

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