LUSAMBO, MALANJI ELIGIBLE TO RECONTEST  – LAZ

 

......as statement from LAZ technically rules as OFFSIDE the ECZ statement that it will not accept nomination from the duo.

 

 Lusaka, Wednesday, August  24, 2022 (Smart Eagles)

 

The Law Association of Zambia (LAZ) has clarified that Both Bowman Lusambo  and Joseph Malanji are eligible to re-contest the Kabushi and Kwacha Parliamentary by elections following the nullification of their seats.

 

Earlier, the Electoral Commission of Zambia (ECZ) issued a statement that it will NOT accept nomination from any candidates who's elections were nullified by the Constitutional court thereby causing vacancies in the National Assembly.

 

The statement from ECZ has been received with mixed reactions with most stakeholders ruling the electoral commission offside on the matter.

 

In the case of Hon Malanji, LAZ president Lungisani Zulu said the former Kwacha Lawmaker's eligibility to re-contest is dependant whether he ill produce evidence that he has a Grade 12 certificate at the time of filing in nominations.

 

“in so far as eligibility following nullification on the basis that one does not possess a grade 12 certificate as determined by the Constitutional Court in the matter of Joseph Malanji V Charles Abel Mulenga and Electoral Commission of Zambia 2021/CCZ/A0021, the question of whether Mr. Malanji can recontest is dependent on whether he possesses the minimum qualifications set in the Constitution at the time of nominations. Mr. Malanji's eligibility will therefore depend on whether he will adduce evidence that he possesses a Grade 12 certificate at the time of filing of nominations,” he said.

 

And Mr zulu  has also given an objective position in the interest of the public that Hon Bowman Lusambo is eligible to recontest the Kabushi seat because  the court merely nullified the seats and did not disqualify the bulldozer.

 

“Regarding eligibility following nullification of election as determined by the Constitutional court in the matter of Lusambo v Kanengo and Anor (CCZ/A 19 of 2021) [20221 ZMCC 13 (28 July 2022), the question of whether a person can re-contest is dependent on whether the courts not only nullify the seat but also disqualify a person in such a petition.

 

"According to the Constitutional Court decision in The Law Association of Zambia v The Attorney General 2021/CCZ/0051, where this issue was addressed, the Court stated that a nullification of a seat by the court is distinct and not the same thing as disqualification of a person. Our perusal of the decision in the Lusambo v Kanengo case reveals that the court merely nullified the seat without disqualifying Mr. Lusambo in the election petition,” he said.

 

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