United Party for National Development Kabushi candidate, Bernard Kanengo has filed a petition before the Constitutional Court against the State, Electoral Commission of Zambia, Joseph Malanji and Bowman Lusambo over the suspension of the Kabushi and Kwacha by election.
In a petition dated 15th of September 2022, Kanengo says the decision by the high court to suspend the by-elections slated for the 15th September 2022 has affected the people of Kwacha and Kabushi constituencies and resulted in unnecessary waste of public resources and time.
The petitioner wants the court to declare that the high court did not have jurisdiction to define the scope of article 52(4) of the Constitution so as to include determining a challenge under article 72(4) as such a matter must be refered to the constitutional Court under article 128 (2) of the the constitution.
Meanwhile, the Lusaka High Court has set Tuesday 20th September as judgement in the case of Bowman Lusambo and Joseph Malanji’s judicial review over the Electoral Commission of Zambia rejection of their nominations for Kabushi and Kwacha by-elections.
In this matter, Mr. Lusambo and his counterpart Mr. Malanji are seeking for a court order to call for fresh nominations and challenging the refusal by the Electoral Commission of Zambia to accept their nominations for the Kabushi and Kwacha by-elections.
By Rhodah Mvula