By GRACE CHAILE LESOETSA
LAWYER Lewis Mosho has urged the Constitutional Court to dismiss Mr John Sangwa’s petition where he is seeking an amendment to an affidavit for Presidential candidate/Running mate as it does not disclose any constitutional issue.
Mr Mosho, who has joined the matter as an interested party stated that Mr Sangwa is instead inviting the ConCourt to re-write the affidavit which does not fall within its jurisdiction.
In this matter, Mr Sangwa, a lawyer, wants the ConCourt to compel the Electoral Commission of Zambia (ECZ) to amend the affidavit for Presidential candidate/Running mate by including a paragraph saying “ I have not held office twice” to comply with article 106 (3).
Mr Sangwa cited ECZ and the Attorney General as first and second respondents in the petition.
In a notice of motion to raise preliminary issues, Mr Mosho wants the court to determine whether it has the jurisdiction to hear and determine Mr Sangwa’s petition which lacks any disclosure of constitutional issue or breach as alleged by the petitioner.
“There is no constitutional question that arises from the petitioner’s petition by his petition inviting the court to embark on re-writing of the affidavit for Presidential and Running mates made pursuant to section 11(4) of statutory instrument no.63 of 2016 that is to say the Electoral Process (General) regulations, 2016 which Act does not fall within the jurisdiction of this court,” he stated.
Mr Mosho argued that that ECZ did comply with Article 52 of the constitution in couching the said affidavit as it directly speaks with the requirements of article 52.
“There is no requirement that under article 52 of the contents of the affidavit in question should speak or disclose to each individual provision of the constitution relating to the qualifications for one to stand or be nominated as Presidential candidate,” he stated.
“The petitioner cannot anchor his petition on article 128 (3) of the constitution of Zambia and allege that ECZ has contravened article 52 of the constitution of Zambia for allegedly omitting a paragraph which specifically speaks to article 106 (3) of the constitution of Zambia which have been taken care of by the affidavit in question,” he contended.
Mr Mosho said the affidavit fulfills the obligation as imposed by the constitution.
“We therefore pray that this court dismisses this petition for lack of disclosure of any constitutional violation,” he submitted.
