Former Kwacha Member of Parliament, Joseph Malanji, has filed a petition before the Lusaka High Court seeking among other reliefs, a declaration that the election for Kwacha constituency is and was void.
Mr. Malanji also wants a declaration that the election of UPND’s candidate Charles Mulenga was not duly elected in the Kwacha Constituency by-election.
He also wants the electoral Commission of Zambia ECZ to call for fresh elections within 90 days from the date of the judgement of the court.
According to the petitioner, there was noncompliance by the electoral Commission of Zambia to the provisions of the electoral process act prohibiting any person from preventing him to exercise his right to contest as a candidate as conferred by the act to eligible candidates.
The petitioner has also submitted that the returning officers of the Commission violated article 70 (1) of the Constitution by rejecting and declaring that his nomination was unsuccessful because his election was nullified for the Kwacha Constituency by the Constitutional Court of Zambia despite the petitioner having met the qualifications and procedural requirements specified for an election to their respective offices.
On October 21, 2022, the Electoral Commission of Zambia held a by-election in Kwacha constituency without the petitioner’s participation following the nullification of his election for not possessing the minimum qualification of a Grade 12 certificate.
By Darius Choonya