The Constitutional Court will on Monday, 10th October, 2022 deliver a judgment in which Green Party President Sinkamba and Governance Activist Isaac Mwanza are alleging that the Electoral Commission of Zambia (ECZ) contravened the Constitution by failing to cancel elections and call for fresh nominations in Kwacha and Kabushi Constituencies.
But the Commission has told the Court that the reason it has not yet cancelled the election in both Kwacha and Kabushi Constituency was because of the court orders by the High Court and Constitutional Court that stayed the elections from proceeding.
Mr. Sinkamba has however told the Court that the Constitution has put a mandatory obligation for the ECZ to hold by-elections within 90 days from the time the vacancies occurred in Kwacha and Kabushi Constituencies which are ending on 2nd November and 27th October, 2022 respectively.
And Mr Mwanza has told the Court that the provision of the Constitution such as the 90-day time frame for conducting a by-election must be construed according to the doctrine of the law that the provisions are continuously in force and its effect can never be interrupted by any order, contrary to what the Court of Appeal ruled that time has stopped running.
The petitioners asked the Court to order that elections that will be held on the basis of past nominations in which candidates resigned are invalid, and the resulting election will be unconstitutional and illegal.
The petitioners also prayed for an order to compel ECZ to cancel elections and call for fresh nominations and for an election to be held before the lapse of Constitutionally provided for 90 days in both Kwacha and Kabushi constituencies.