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The Electoral Commission of Zambia (ECZ) has defended its decision to conduct a by-election in Petauke, arguing before the Constitutional Court that it acted within its constitutional mandate following the vacancy left by fugitive former MP Emmanuel Jay Banda.
ECZ asked the court to dismiss a petition by Isaac Mwanza, Executive Director of the Zambian Civil Liberties Union (ZCLU), who is challenging the National Assembly’s declaration of the seat as vacant.
Mwanza argued that the move was unconstitutional, claiming it overstepped the judiciary’s role in adjudicating parliamentary breaches.
In its submission, ECZ stated that it was formally notified of the vacancy by Speaker Nelly Mutti on November 27, 2024.
The commission subsequently issued a Statutory Instrument setting January 7, 2025, for nominations and February 6, 2025, for polling.
ECZ maintained that the election complied with the constitutionally prescribed 90-day period, expiring on February 25, 2025.
It denied Mwanza’s claims, insisting that the petitioner is not entitled to reliefs sought and urging the court to dismiss the case with costs for lack of merit.
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