Civil Society Organisations are considering taking the redistribution of proportional representation seats from the National Reconciliation Party for Unity and Prosperity (NRP-UPP) to the ruling United Party for National Development (UPND) to the Constitutional Court.
The CSOs argue that the Electoral Process Amendment Act, under which the seats were redistributed, may be inconsistent with the Constitution.
Alliance for Community Action Executive Director Jimmy Maliseni says the Constitutional Court must determine whether the law allows a political party to forfeit seats earned through its share of the presidential vote.
Mr Maliseni argues that while the Constitution provides for subsidiary legislation to guide the allocation of proportional representation seats, it does not envisage a situation where a political party loses seats it has rightfully earned based on its share of the presidential vote.
He says NRPUP also needs to explain to the Zambian people why it did not take up the additional seats, arguing that the party had several candidates it could have adopted.
Mr Maliseni says discussions are underway with other stakeholders who may be interested in commencing legal proceedings before the Constitutional Court to test the constitutionality of the Electoral Process Amendment Act.
He has urged the country to focus on the legal questions surrounding the allocation rather than allegations of collusion among political actors.
The controversy follows the redistribution of proportional representation seats initially allocated to NRPUP to the ruling UPND after questions arose over the party’s ability to take up the seats under the applicable legal framework.
By Victoria Kayeye Yambani
