LUSAKA’S Kabwata constituency has become the theatre of the absurd.
A rogue candidate has withdrawn from the by-election without as much as notifying his political leadership and in the process throwing into disarray the entire by-election process.
It now hangs in the balance with the law prescribing cancellation while commonsense and good sense demand otherwise.
Sadly, this is not an isolated incident. It represents the untenable and equally iniquitous character of our laws, which although found wanting, have continued to exist on account of political gerrymandering.
There has been little political will for major lasting reforms.
Kabwata however takes the prize for absurdity. We now have a situation where the constitution demands that an election should be cancelled all because of a rogue candidate who has chosen to disregard his own party by withdrawing from the by-election long after nominations, had triggered expensive preparations for the exercise. Clearly, the law makers did not intend this absurdity and yet it is the reality.
So far three position have been advanced.
In the first place, the Electoral Commission of Zambia (ECZ), in a statement, yet to be fully explained, has disregarded the last minute withdrawal and will therefore proceed with the by-election.
This is in direct contravention of Article 56(2) of the constitution which prescribes cancellation of an election given the circumstances of withdrawal.
The second position is held by the Socialist Party which agrees with the ECZ decision to proceed with the by-election, on account of the absurdity that the withdrawal has created.
The third position is held by a Patriotic Front senior member, Mr Chishimba Kambwili who is convinced that the decision by the ECZ to proceed is wrong and cannot be sustained at law.
He is also convinced that the United Party for National Development (UPND) engineered the withdrawal to create circumstances that would allow it to petition after what he believes will be a PF victory.
The UPND has been non-committal. The Minister of Local Government and Rural Development, Mr Garry Nkombo, who is in charge of elections in UPND has bemoaned the ambiguity of the law, admitting the absurdity of the situation in Kabwata.
Whatever happens in Kabwata, it will be subject of future debate and perhaps litigation but for the moment it provides an opportunity for all political players to appreciate the dire need for constitutional reforms to eliminate lacunas and ambiguities that frustrate the smooth functioning of our democracy.
Previous constitutional amendments were fraught and consequently floundered at the altar of partisan political expediency of which the UPND was the major culprit.
It is our hope that the PF will not become the next stumbling block in the ploy of political gamesmanship.
Of immediate concern is the Bill of Rights which must be revisited at the earliest possible opportunity to give life and meaning to the letter and spirit of democracy.
Without it, the rule of law will remain tenuous and a mirage realised in breach than in observance.
