By NATION REPORTER
Joe Malanji and Bowman Lusambo are eligible to stand because the constitutional court did not summon the two to appear before them to show cause why they should not be named and reported to the Electoral Commission of Zambia (ECZ) and the Director of Public Prosecution (DPP) after the decision to nullify the seats, says Lawyer, Chifumu Banda.
Mr. Banda said what was also not clear was whether the constitutional court prepared a report after giving Mr. Malanji and Lusambo chance to show cause as provided for in section 108 subsection 6 of the Electoral Process Act No. 35 of 2016.
The Act states that…
“where it appears to the high court or a tribunal upon the trail of an election petition that any corrupt practice or illegal practice had been committed by any person in connection with the election to which the election petition states, the high court or tribunal shall, at the conclusion of the proceedings prepare a report stating,
a) The evidence given in the proceedings in respect of the corrupt practice or illegal practice,
b) The manners and particulars of any person by whom the corrupt practice or illegal practice was, in the opinion of the high court or tribunal, committed.
c) IN THE EVENT that there is an appeal, the constitutional court SHALL prepare a report, except that the court SHALL NOT state the manner of any person under this paragraph, UNLESS the person has been given an opportunity of appearing before the court and of showing cause why that person’s name should NOT be stated”.
And it has been confirmed that that the constitutional court has not summoned the two to appear before them to show cause why they should not be named and reported to the ECZ and the DPP and the report has not been prepared to that effect.
Mr. Banda said in an interview that the decision by the ECZ to reject the nomination papers of Malanji and Lusambo illegal because they didn’t follow what the Electoral Process Act states on the matter.
He said the provision of the constitution in Article 72 (4) Amendment Act No. 2 of 2016 which the ECZ relied upon in rejecting the nomination papers of the two only comes into play if the provisions of the Electoral Process Act have been complied with.
“Am in full agreement with the statement that the Law Association of Zambia President issued on the question of nullification of the parliamentary seats and disqualification of the culprits from contesting subsequent election because section 108 of the Electoral Process Act didn’t not come into play,” he said.
Mr. Banda said the section 108 subsection 6 of the Electoral Process Act No. 35 of 2016 demands that after the alleged culprits have been found of having committed illegal or corrupt practice they should be given an opportunity to show course why they should not be reported by the courts that handed down the decision to nullify the seats to the ECZ and DPP.
