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A petition has been filed seeking the nullification of nominations for more than 100 independent parliamentary candidates allegedly linked to the ruling UPND and the Patriotic Front PF, arguing that the aspirants illegally filed nominations as independent candidates while allegedly still belonging to political parties.
The legal action, filed by the Consortium of Civil Societies for Good Governance and Constitutionalism led by Isaac Mwanza, also seeks to block presidential candidate Dr Fred M’membe and his running mate, Dolika Banda from participating in the August 13 polls.
The petitions have been filed before the Constitutional Court and the High Court against several political figures and electoral bodies.
Those cited in the proceedings include the 101 independent candidates, UPND Secretary General, Batuke Imenda, PF Secretary General, Morgan Ng’ona, the Electoral Commission of Zambia ECZ and the Attorney General.
“The Constitution makes the presidential ticket joint and inseparable and any disqualification affecting one candidate renders the nomination defective,” the petition states.
Before the Constitutional Court, the petitioners are seeking the disqualification of Dr M’membe and Ms Banda on grounds that the vice-presidential candidate allegedly did not meet the constitutional academic qualifications required to hold office.
The Consortium argues that Ms Banda’s foreign academic qualifications have not been verified as equivalent to a Grade 12 certificate in Zambia as required under Articles 100(1)(e), 110(2) and 266 of the Constitution.
According to the petition, the Zambia Qualifications Authority allegedly declined to confirm whether the foreign qualification had been evaluated, while ECZ proceeded to accept the nomination papers.
The petitioners further contend that because the President and Vice-President contest elections on a joint ticket under Article 110 of the Constitution, any alleged defect affecting the running mate equally affects the presidential candidate.
The Consortium is, therefore, seeking a declaration that the nomination of the M’membe-Banda ticket is unconstitutional and should be set aside.
Meanwhile, in the High Court matter, the petitioners are challenging the nomination of over 100 parliamentary candidates who filed as independents after allegedly remaining members of political parties.
Among those named are Gary Nkombo, Miles Sampa, Dr Chitalu Chilufya and Alexious Mulemba.
“The Consortium alleges that the candidates breached Article 51(a) of the Constitution by filing nominations as independent candidates while allegedly still affiliated to political parties,” the petition states.
The petition further argues that ECZ violated Section 96 of the Electoral Process Act by accepting the nominations without proof that the candidates had resigned from their respective parties.
The petitioners are seeking an order nullifying the nominations and compelling ECZ to remove the affected candidates from the ballot.
The Constitutional Court and High Court are yet to set dates for hearing the matters as Zambia approaches the August 13 polls.
ECZ has not yet issued a public response to the petitions filed against its nomination process and decisions.
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