Governance Elections Advocacy Research Services Initiative Zambia Limited (GEARS) has dragged the Electoral Commission of Zambia and the Attorney General to the constitutional court seeking an interpretation of Article 52(6) of the Constitution.
According to the said article, if a candidate dies, resigns, or is disqualified on grounds of corruption or malpractice, after the close of nominations and before the date fixed for elections, then the Electoral Commission of Zambia (ECZ) is obligated to cancel that election.
Arising from that, the applicant in this matter wants to know whether the said article is applicable where an independent candidate in a parliamentary election withdraws his/her candidature after the close of nominations and before the election date.
Further, the applicant also wants to know whether, under article 52 (6) of the constitution and section 31(2) of the electoral process Act No 35 of 2016, the Electoral Commission of Zambia is obliged to cancel the election and call for fresh nominations when an independent candidate withdraws from the election after the close of nominations but before the election date.
On Monday, an independent aspiring candidate for Kabushi constituency Alfred Yombwe withdrew his candidature in the Kabushi Parliamentary by-election slated for September 15, 2022.
By Darius Choonya