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The Zambian government has labeled Article 52(6) of the constitution as a dangerous provision, as it grants the Electoral Commission of Zambia (ECZ) discretionary powers to cancel elections.
Chief Government Spokesperson, Cornelius Mweetwa, criticised the article for empowering the ECZ to call for fresh nominations without specific guidelines.
Speaking at a media briefing in Choma on Monday, Mweetwa defended President Hakainde Hichilema’s recent remarks to Parliament.
President Hichilema had suggested that the constitution contained lacunae and needed amendments.
Mweetwa supported the President’s statement, affirming that Hichilema was correct in identifying gaps and ambiguities that could negatively impact the application of the law.
“President Hakainde Hichilema was on firm ground at law when he referred to lacunae and ambiguities in the Zambian Constitution that may impact negatively on the smooth application of the law,” Mweetwa said.
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He assured that the government remained committed to the constitutional provision regarding elections being held on a Thursday in the second week of August.
Mweetwa also challenged Constitutional lawyer, John Sangwa, and the Law Association of Zambia (LAZ) to focus on the legal implications of Article 52(6), particularly in the context of a potential presidential election cancellation during a general election.
“The President in his address gave out examples of non-contentious issues that can be dealt with at least cost and meeting minimum benchmark of national consensus,” Mweetwa added.
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