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Governance activist Isaac Mwanza has withdrawn his petition seeking a declaration for by-elections in nine parliamentary seats currently held by members of the opposition Patriotic Front (PF).
According to a notice of discontinuance filed with the Constitutional Court, Mwanza stated that he was discontinuing the case against the Electoral Commission of Zambia (ECZ), the Attorney General, and the nine Members of Parliament (MPs).
“Take notice that the petitioner in this matter is hereby discontinuing the petition against the respondents for reasons stated in the affidavit in support of summons to discontinue the matter,” Mwanza wrote in his notice.
In an accompanying affidavit, Mwanza explained that a recent High Court judgment had materially impacted the issues raised in his petition.
He stated that continuing the case without substantial amendments would not be an efficient use of judicial resources.
Read more: Activist Mwanza petitions constitutional court for by-elections in nine PF seats
Mwanza further requested that each party bear its own costs, noting, “This matter was initiated in defense of the Constitution.”
Mwanza had initially filed the petition seeking by-elections, arguing that the nine parliamentary seats became vacant following the expulsion of PF-affiliated MPs from the party.
He contended that failing to hold by-elections within the constitutionally mandated 90-day period, as specified under Article 57(1) of the Zambian Constitution, constituted a legal violation.
The affected constituencies included Pambashe, Kawambwa, Lupososhi, Kamfinsa, Chitambo, Mporokoso, Shiwang’andu, Chilubi, and Lunte.
However, High Court Judge Susan Wanjelani recently quashed the decision by Deputy Speaker Moses Moyo, which had declared the seats vacant.
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