IS DELEGATION OF THE TASK TO ANNOUNCE RESULTS BY JUSTICE ESAU CHULU TO OTHER COMMISSIONERS ILLEGAL???
Watching the ZNBC TV during the evening announcement of Presidential results at Mulungushi National Result Centre and hearing the ECZ Chairperson, Justice Esau Chulu delegating his vice-chairperson, DR Emily Sikazwe and other members of the Commission to announce presidential results when he is around, i was prompted to check as who is the Returning Officer for Presidential election.
This was to find out whether the law provides either/or to appreciate the ECZ chairperson action to delegate his constitutional functions to other members of the Commission to be Returning Officers for the Presidential election.
I have been guided by Article 99 of the Republican Constitution of 2016 that the ^Chairperson of the Electoral Commission SHALLbe the Returning Officer in an election to the office of President*
The Constitution does not say either the chairperson, Vice-Chairperson, or any member of the Commission SHALL be a Returning Offier to the Presidential election as is the case with the swearing in of the President where it is either Chief Justice or Deputy Chairperson.
The constitution uses the word SHALL to indicate mandatoriness of the function of the Chairperson and its non-delegatoriness.
Is it in order for the ECZ Chairperson, Justice Esau Chulu to delegate his Constititional duties to his Vice-Chairperson and other members of the Commission to be Returning Officers in presidential election by them announcing these results when they are not chairpersons?
I need to be educated
I submit.
McDonald Chipenzi
