By 
Lusaka resident, Michelo Chizombe, has submitted that the Electoral Commission of Zambia (ECZ) breached Article 52 of the Constitution when it accepted nomination paper for former President Edgar Lungu, who was not qualified to be on the 2021 ballot.
Chizombe contended that Article 52 mandates the Returning officer to reject the nomination paper if a candidate did not meet the qualifications or procedural requirements specified for election to that office.
He stated that Mr Lungu’s participation in the 2021 general elections was unconstitutional.
“And contends that the second respondent was in breach of its Constitutional provisions when it accepted the nomination of the first respondent by putting him on the ballot paper and later enabling him to participate in the August 2021 elections,” he said.
He disagreed with ECZ’s submission that it acted within law to accept Mr Lungu’s nomination paper.
ECZ submitted article 52 (2) of the constitution (amendment) Act no.2 of 2016, obligates ECZ to either accept or reject nomination papers filed by a candidate wishing to contest for Presidential.
The petitioner sought the court’s declaration that the former Head of State was not eligible to contest any future Presidential elections under the current 2016 amended constitution.
The Petitioner also sought a relief that Mr Lungu’s participation in the 2021 elections was in breach of the constitution.
He further sought a declaration that the entire Article 106 of the constitution (amendment) no.2 of 2016 did not apply to Mr Lungu’s presidential term between January 25 ,2015 to September 13, 2016.
Chizombe wants the Court to give a combined interpretation of Section 7 Act no.1 of 2016 and Section 2 of the same Act.
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