Kawambwa by-election illegal – Mundubile

By BARNABAS ZULU

THE Electoral Commission of Zambia (ECZ) is in breach of the Constitution by proceeding to conduct parliamentary by-election in Kawambwa because the by-election is currently constitutionally time-barred after the 90 days within which the election was to be held had lapsed, Brain Mundubile has warned.
Mr Mundubile, the Leader of the Opposition in Parliament has charged that the declaration of a by-election in Kawambwa following the incarceration of its former representative Nickson Chilangwa is both illegal and unconstitutional and should not therefore be stopped.
The ECZ has set December 20, 2024, as the date for the Kawambwa parliamentary by-election, despite the High Court having stayed the election process through an injunction after Mr Chilangwa appealed his five-year sentence on arson charges.
The ECZ has maintained that it will proceed with the election, citing a Constitutional Court ruling which mandates that elections be held within 90 days after a vacancy is declared.
But Mr Mundubile, who is also a lawyer, has questioned the legality of the decision, noting that the 90-day period prescribed by the Constitution had already expired and that it was unconstitutional and illegal for the ECZ to proceed with an election outside the prescribed time period.
“They (ECZ) are relying on the judgement of 15th October 2024, but if you go through that judgement, it talks about the 90 days. In short, the judgement was saying that the only reason the court will not accept any injunction or court order is because the 90 days cannot be changed. Now, Chilangwa’s seat was declared vacant on 24th July, 2024,” Mr Mundubile said.
“Today, it is 120 days after. So, according to the same judgement the ECZ is relying on, and if they are all sincere, they should also respect the 90 days,” he stated.
Mr Mundubile said by holding the election after the 90-day period, the ECZ would be violating both the Constitution and the Constitutional Court’s ruling.
“So that election is illegal, it is unconstitutional. It should not be happening,” Mr Mundubile said “The law should not be applied selectively. The ECZ should relook at that judgement and tell the Zambians the truth about it. They (ECZ) should also look at when Chilangwa’s seat was declared vacant. It was on 24th July 2024. What law will govern the Kawambwa elections after 90 days?” Mr Mundubile wondered.
Mr Mundubile also criticised the ECZ for relying on a partial reading of the Constitutional Court judgement.
“The reason the court gave for not respecting the court order or injunction was that the Constitution provides a timeline that cannot be altered. How is the ECZ intending to hold elections beyond 90 days? That is illegal,” he said.