Constitutional Court dismisses petition on Kwacha, Kabushi by-elections

Green Party president, Peter Sinkamba, and two others have lost a petition before the Constitutional Court in which they challenged the constitionality of the Kwacha and Kabushi by-elections held on October 21, 2022.

According to the Constitutional Court judgement delivered by Judge Palan Mulonda on Tuesday, the court dismissed the petition on the basis that it had no jurisdiction to hear petitions challenging Parliamentary nomination.

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The Institute of Law, Policy Research and Human Rights, governance activist, Isaac Mwanza and Sinkamba, wanted an order declaring the Kwacha and Kabushi elections as illegal, null and void.

The petitioners argued that the Electoral Commission of Zambia (ECZ) violated article 52(6) of the constitution when it included independent candidates, Alfred Yombwe and Lawrence Mulenga on the ballot who resigned and later rescinded the decision.

They asked the Constitutional Court to declare illegal the Statutory Instrument no.64 which was issued by ECZ during the time when the Lusaka High Court had suspended election campaigns, contending the Commission was in contempt of court by disobeying the order.

The three petitioners asked for an order compelling the ECZ to conduct fresh nominations in kabushi and Kwacha constituencies and hold elections within 30 days from the date of fresh nominations.

But the Constitutional Court in its decision dismissed the petition with the view that the petitioners were challenging the Parliamentary nominations, which issues are to be heard by the High Court.

Therefore, the court ruled it had no jurisdiction to hear the petition.

The Attorney-General and ECZ were cited as first and second respondents while Kabushi Member of Parliament, Bernard Kanengo, PF’s Bowman Lusambo and Joseph Malanji made appearance as interested parties.

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