GEARS says the withdrawal of UPP Candidate Francis Libanda from the Kabwata by-election calls for fresh nominations

IMPLICATION OF THE WITHDRAWAL OF UPP CANDIDATE FROM THE KABWATA PARLIAMENTARY RACE

THE withdrawal of Mr Francis Libanda from the parliamentary race scheduled for January 20, 2022 invokes the provision of Article 52 (6) which guides

Where a candidate dies, resigns [withdraws] or becomes disqualified in accordance with Article 70, 100 or 153 or a court disqualifies a candidate for corruption or malpractice, after the close of nominations and before the election date, the Electoral; Commission shall cancel the election and require the filing of fresh nominations by eligible candidates and elections shall be held within thirty days of the filing of the fresh nominations.

The act by the UPP candidate Francis Libanda to withdraw from the race is very irresponsible and inconveniencing to say the least to the other candidates, political parties and the ECZ.

ECZ is by law, by this mere act by Mr Libanda, calls for fresh nominations and fresh election date.

Therefore, the Kabwata parliamentary by-election has automatically been cancelled by the operation of the law and the new date to hold new nominations and the by-election in Kabwata will have to be set up by the ECZ.

Nonetheless, the ECZ must be cautious in setting another date not to set for a date which is outside the within 90 days required by the Constitution as it will be a breach of the Constitution.

According to Article 57(1), it demands from the ECZ that where a vacancy occurs in the office of Member of
Parliament, a by-election shall be held within ninety days of the occurrence of the vacancy

This means that ECZ must start its counting of the 90 days when parliament announced the vacancy in the Kabwata seat after the demise of late Levy Mkandawire.

Clause 3 mandates the Electoral Commission to among others, by regulation, to set the place where, and the date and time when, a by-election is to be held

Therefore, the nominatons done to candidates carruently campaigning in Kawbata has been invalidated by the withdrawal of Mr Libanda’s candidature.

The candidates and the political parties will have re-adopt the new candidates and those candidates will be made to pay new nomination fees of K15,000 per candidate and mobilise new numbers of supporters for their nominations.

ECZ, if it had already printed ballot papers for the by election, will have to cancelled the order and new ballot papers based on the New nominees will have to be made after the new nominations have been done.

However, this means that the local government by-elections which were sheduled to take place on 20 January, 2022 will have to proceed as scheduled unless one of the candidates decides to resigns or dies or decide as to withdraw or get disqualified by the courts before the January 20, 2022.

This is a very bad development esp after other candidates had already spent in the campaigns and in paying nomination fees.

Mr Libanda has conducted himself irresponsibly to have withdrawn and misbehaved by engaging in the electoral process just to withdraw midway.

It would have been better for him not to have indicated to be in the race and pay the nominations fees and then abruptly withdraws because the Act is costly and immeasurably a display of immaturity on his part.

McDonald Chipenzi
Executive Director GEARS Initiative