By KETRA KALUNGA
CONFUSION rocked social media yesterday after the Electoral Commission of Zambia (ECZ) allegedly issued two conflicting statements on the status of the by-elections in Kabushi and Kwacha.
The ECZ late yesterday issued a statement announcing the date of the by-elections in Kabushi and Kwacha despite the matter being active in court but later in the evening, a statement purported to have been issued by its commissioner Maj General Vincent Mukanda was issued disowning the earlier statement claiming that it was forged and should therefore be ignored.
Soon after the ECZ issued the statement announcing the date of the by-elections in the two constituencies, Tutwa Ngulube, the Patriotic Front lawyer declared that there shall be no by-elections in Kabushi and Kwacha constituencies and the ECZ had commit[1]ted contempt by purportedly announcing the date of the elections when the order of the stay that was granted by the High Court is still in force.
Mr Ngulube said the ECZ had created a constitution[1]al crisis and was living by it by calling for by-elections in the constituencies when the matter was still active in the courts. “I had said it that the ECZ had created a constitutional crisis and they are living by it. How can the ECZ order for elections when the matter is still active before the court? Which power is the ECZ using to order for the elections when there is an order for the stay? The order of stay was granted by the High Court and it is still in force. This is actually contempt. There will be no elections,” Mr Ngulube said.
But ECZ claimed that a statement signed its Commissioner Maj General Vinicent Mukanda rtd announcing the date of by-elections in Kabushi and Kwacha constituencies was fake and forged and should therefore be ignored.
Maj Gen Mukanda said he had not signed or issued any statement announcing the date for the by-elections in Kabushi and Kwacha constituencies because the matter was still active before the courts of law. Maj Gen Mukanda has instead accused some people within the ECZ of working with some Civil Society Or[1]ganisations (SCO) leader of forging his signature and that he had since engaged with the acting Chief Electoral Officer to check out the matter. Meanwhile, PF acting President, Given Lubinda said it was contempt of court for the ECZ to set the date of the by-elections for the two constituencies because the three matters relating to the Kabushi and Kwacha polls before the courts of law have not been concluded yet. The matter before high court in which Bowman Lusambo and Joe Malanji are challenging the rejection of their nomination papers by the ECZ to contest the Kabushi and Kwacha has been stayed pending determination of the matter before the court of appeal. The other matter where Green Party president Peter Sinkamba and governance activist Isaac Mwanza want an order for fresh nominations before the constitution[1]al court comes up for hearing tomorrow. Mr. Lubinda said in an interview that the date set for the by-election in the two constituencies were not only null and void but a revolt against the courts because none of the matters have been settled in court.
