THE ELECTORAL Commission of Zambia (ECZ) has cancelled the Kabwata Parliamentary by-election pursuant to Article 52(6) of the Republican Constitution.
And the commission says it will be conducting fresh nominations for Kabwata Constituency on dates to be advised once a Statutory Instrument has been finalised.
Speaking at a media briefing in Lusaka, Electoral Commission of Zambia (ECZ) Chief Electroral Officer Patrick Nshindano said this therefore means that all campaign related activities for Kabwata Constituency have been cancelled and will only commence on the date of fresh nominations.
Mr Nshindano explained that this follows the invoking of the provision of Article 52 of the Republican Constitution by Mr Francis Libanda of the United Progressive Party (UPP) this morning.
“The Electoral Commission of Zambia wishes to confirm receipt of a letter dated 7th January 2022, from the United Progressive Party (UPP) Kabwata Parliamentary by-election candidate, Mr Libanda Francis indicating his withdrawal from the forthcoming by-election,” he said.
“The Commission today received another letter from Mr Libanda dated 10th January 2022, clarifying his decision whilst invoking the provision of Article 52 of the Republican Constitution,”.
Mr Nshindano noted that the Electoral Process Act under Section 31(2) provides that
a nomination submitted under subsection (1) may be withdrawn at any time, before the expiry of the period appointed for lodging nomination papers in respect of the constituency concerned, if the candidate delivers to the returning officer a written notice to that effect.
He said on the other hand, Article 52(6) of the Republican Constitution provides that, where a candidate dies, resigns or becomes disqualified in accordance with Article 70, 100 or 153 or a court disqualifies a candidate for corruption or malpractice, after the close of nominations and before the election date, the Electoral Commission shall cancel the election and require the filing of fresh nominations by eligible candidates and elections shall be held within thirty days of the filing of the fresh nominations.
“Based on the initial correspondence of 7th January 2022, the by-election would have proceeded as planned as provided for by the Electoral Process Act No. 35 of 2016, Section 31 (2) which empowers the Commission to reject a withdrawal and proceed with the election
I wish to advise that a “withdrawal” is clearly only permitted before close of nominations as provided under Section 31(2) of the Electoral Process Act.
He however said where a candidate has sought to invoke the provisions of Article 52(6) of the Republican Constitution, the law requires the cancellation of elections and this calls for fresh nominations for eligible candidates.
“In this case, Mr Libanda, in his letter dated 10th January 2022 has invoked the provisions of Article 52(6) of the Constitution of Zambia afore said given that this is a Constitutional provision, the Commission is bound to comply without any discretion to do otherwise,”. he stated.
“As the law requires fresh nominations, it entails that all aspiring candidates in the Kabwata Parliamentary by-election including those that had originally filed in nominations will be required to pay the prescribed nomination fee,”.
Mr Nshindano noted that the Commission also recognises that the process may inconvenience stakeholders especially political parties that had successfully fielded candidates as they will be required to file fresh nominations.
“Members of the public may also wish to note that ballot papers for the Kabwata Parliamentary by-election are scheduled to arrive tomorrow, Tuesday 11th January 2022 via Kenneth Kaunda International Airport from Dubai,” Mr Nshindano said.
He added that the resignation of Mr Libanda comes with unwarranted costs as the already printed ballot papers are a cost that needs to be paid for in addition to other electoral activity costs.
“Political parties are further called upon to thoroughly scrutinise candidates they intend to field in any election to avoid a waste of resources and other inconveniences caused to the Commission, Political Parties and other stakeholders. With the foregoing, stakeholders may note that there is an urgent need to review the electoral laws to enhance the integrity of the electoral process and safeguard scarce public resources that could have otherwise been used for other developmental programmes,” he said.
“The Commission working with other stakeholders will soon embark on a thorough review of the electoral laws in order to enhance the electoral process,”.
Mr Nshindano further explained that, polls for Liangati and Sokontwe Wards will proceed as scheduled on 20th January 2022
PF Secretary General Nakachinda involved in a road traffic accident
PATRIOTIC Front (PF) Secretary General Raphael Nakachinda has been involved in Road Traffic Accident after the vehicle he was driving was hit into by a locomotive.
This happened when Mr Nakachinda who whilst driving an Isuzu vehicle failed to give way to a locomotive hence his vehicle was hit into.
Police spokesperson Rae Hamoonga said the incident occurred today around midnight along the Great North Road at Shikoswe railway crossing.
“Involved was Raphael Mangani Nakachinda aged 45 of house number 1794 Inkanga area of Kafue District who was driving an Isuzu registration number BAH 8695 from North to South who sustained bruised left πarm ,bruised back of the neck , bruised left ear and painful left leg, whilst the vehicle incurred a shattered front windscreen, extensively damaged right side body, rear passenger’s door and both rear lights,” he said.
He said also involved was Vincent Mabinda aged 45 of unknown house number a driver of a Goods Train from west to east direction which had no damages.
“The accident happened when Mr. Raphael Nakachinda who whilst driving an Isuzu vehicle failed to give way to a locomotive hence his vehicle was hit into by an on-coming Locomotive which had the right of way,” he said.
Mr Hamoonga said the accused has since been charged for the offence of Careless driving and his vehicle impounded at the Police station.
(Mwebantu, Saturday, 2nd December, 2023)
I am ready to risk my life to save the PF, says Edgar Lungu
“I AM ready for anything, including risking my own life to save the Patriotic Front (PF),” Former republican President Edgar Lungu has said.
Mr Lungu says victory is certain and that the machinations by the ruling United Party for National Development (UPND) in form of ‘Imingalato’ will not stop him.
He has also noted that he is aware that the next move by the UPND is to lift his immunity, but he is ready and not worried about the outcome.
Speaking when he addressed the media on a number or issues, he said that he did not intend to get back into active politics, but he did so to ensure that PF lives on.
He noted that this was from the backdrop of the machinations from Government to steal, kill and destroy the PF in order to continue their stay in power.
“The machinations became more when those in power wanted to state a coup in PF using their stooges. They were illegally endorsed by police, followed by the National Assembly to swot democracy. This becoming more vivid when the victim who in this case is the PF is treated as a villian and a state sponsored sect is being given protection by the law,” he said.
Mr Lungu claimed that unfortunately, for those in power, it is not possible to submerge the PF in an attempt of using ‘Imingalato.’
“In this regard, I made a call to all opposition s as to defend Zambia’s hard earned democracy. I called for unity of purpose and today I am humbled for the unanimous response. Victory is certain, we shall certainly defeat those scheming against democracy,” he said.
He further claimed that he came back into politics to save the PF from being stolen of killed by the government.
“I am aware the next move is to lift my immunity from prosection. This does not worry me. It is another ploy to divert people from their failure, ” he said.
(Mwebantu, Friday, 1st December, 2023)
‘Imbwili’ jailed for hate speech
OPPOSITION Patriotic Front (PF) member of the Central Committee and former Roan Member of Parliament Chishimba Kambwili has been handed a five-month prison sentence for hate speech by Kasama Magistrate’s Court.
In this case, Kambwili, 54, of house number 9, Wisteria Avenue, Luanshya was charged with the offence of expressing hatred and ridicule of the persons based on tribe and place of origin.
Kasama Resident Magistrate Samson Mumba found Kambwili after the prosecution proved its case beyond reasonable doubts.
And in mitigation, Kambwili who spoke through his lawyer told court that he was a first offender, a family man and a person who previously served the nation as a cabinet minister.
He also urged the court to take into consideration his health.
In sentencing Kambwili, Magistrate Mumba said he took into account the mitigation.
He however said he sentenced Kambwili to five months imprisonment to deter would be offenders.
Meanwhile, after judgement was passed, Kambwili’s lawyer Kaizara Tembo told journalists his client will appeal against the verdict.
“Currently we are making efforts to lodge in an application for bail pending appeal,” he said.
Kambwili has since been transported to Milima Correctional Facility in Kasama.
(Mwebantu, Thursday, 30th November, 2023)