LAZ Affirms Constitutional Clarity on General Election Dates, Urges Adherence
The Law Association of Zambia (LAZ) has spoken out regarding potential gaps in the Constitution concerning the scheduling of general elections. This conversation gained prominence following a statement by the President of the Republic, Mr. Hakainde Hichilema, during his address to Parliament on 13th September 2024. In his speech, the President expressed concerns that alleged lacunae in the Constitution could result in general elections being held as late as 8 or 9 years after the previous one. This has sparked public interest and debate over the possibility of constitutional gaps that may allow for the delay of elections.
In response, LAZ has issued a clarifying statement, asserting that, while there may be some gaps in the Constitution of Zambia (Amendment) Act No. 2 of 2016, the timeline for holding general elections remains unambiguous and indisputable. Article 56(1) of the Constitution clearly stipulates that general elections must be held on the second Thursday of August every five years, following the last general election. This provision was designed to enshrine in the supreme law of the land a fixed, predictable date for elections, ensuring that citizens can exercise their democratic right to vote on a predetermined schedule.
LAZ emphasizes that this constitutional guarantee was established by the Zambian people to uphold the principles of democracy and to avoid any uncertainty around the timing of general elections. Any potential gaps in other areas of the Constitution, therefore, do not impact the clear and specific provision regarding the timing of general elections.
The association also acknowledges the relevance of Article 52(6) of the Constitution, which deals with instances where a candidate dies, resigns, or becomes disqualified after the nomination period but before the election. In such cases, the Electoral Commission of Zambia (ECZ) is mandated to cancel the election, call for fresh nominations from eligible candidates, and hold the election within 30 days of the new nominations. This clause, while it addresses a legitimate concern, does not interfere with the scheduling of general elections.
To further elaborate, LAZ points to Article 266 of the Constitution, which defines a “general election” as one that includes Presidential, National Assembly, and Local Government elections held on the same day. In contrast, the term “election” refers to any individual election for the President, National Assembly, or local councils. This distinction is important, as it clarifies that only an individual election can be canceled or rescheduled under Article 52(6) if the specific circumstances outlined in that provision arise. The general election, which encompasses all electoral activities on a single day, cannot be affected or delayed by these provisions.
LAZ affirms that no body or institution, including the ECZ, has the legal authority to alter or cancel the constitutionally set date for general elections. The association urges all stakeholders to adhere to the Constitution and respect its provisions to safeguard Zambia’s democracy, which is based on the citizens’ right to elect their leaders at regular, predetermined intervals.
LAZ further encourages any concerned parties to seek clarity from the courts of law if they have doubts regarding the interpretation of constitutional provisions. The judiciary holds the final authority on constitutional matters and can provide definitive guidance in cases of ambiguity or misunderstanding.
This statement is made in line with LAZ’s mandate under Section 4 of the Law Association of Zambia Act No. 31, which empowers the association to promote constitutionalism, protect citizens’ rights, and ensure the rule of law is upheld across the country. LAZ remains committed to ensuring that Zambia’s democratic principles are respected and that all citizens continue to exercise their right to vote in a free and fair environment, without undue delay or disruption.
source KBNTV.
This write up from LAZ is not addressing relevant issues at hand. No wonder we have some lacunas in the Zambian constitution. Can LAZ reconcile the provision of Articles 52 and 56. While one Article stipulates when the General Elections shall be held, the other article gives authority to the ECZ to craw back this date of holding the elections in case of any eligible candidate resigning, dying etc. Why is LAZ trying to twist issues using provisions which are not specified in the constitution. So if ECZ can cancel elections of a president ,MPs and councillors then these cancelled elections cannot be held on the date specified in article 56 due to cancellations.
@Ingoma Yanzelu
The biggest and only Lacuna that Zambia has today is president Akainde himself.
Why should other people begin to clarify the presidential speech said in parliament? He chose to be vague when he had sweet and ample time to be precise and clear about the matter. What is wrong with our presidency?
#Ngoma yamaano, Read the article again. It is not rocket science it clearly explains the circumstances of ECZ involvement and when not. Much as you would want your President to continue after 2026 he can only continue if re elected during the 2026 general elections. Otherwise he must start packing files back to statehouse.
Wynter Kabimba don’t rule him out. Have you seen how his tail is shivering between his legs like a dog that hasn’t had food for weeks.
Tbe fact Article 56 does not affect ALL elections but an INDIVIDUAL incident, is in and of itself sufficient to render the lacuna you allude to null and void. Unless someone useless enough decides to play Russian roulette by withdrawing from an election incessantly, then and only then can we have a postponement in perpetuity. Hopefully no such id.iot exists…
#Ingoma Yanzelu
..should that take us 9 years before we resolve that impasse to hold the next general elections? If a leader takes advantage of these perceived gaps, then they are very insincere and selfish.
Well My Zambia you should know that we are not short of insincere and selfish politicians. We make laws precisely to avoid being cheated by insincere and selfish people. So the constitution should not have gaps that can be exploited by such people. The point is that under the current provision of article 52, legally speaking anytime any nominated candidate either resigns or dies etc, the ECZ is bound to cancel such an election for that elective position. Why should we have such a gap in our constitution??
Read the article again
We have no clear and present dander. So what is this hullabaloo about? Why is Shi Promise fixing what is not broken?
They want to covertly spin a quick one to consolidate their own selfish desires. They had brought it up in parliament to legitimise their flawed cause.
HH just wants to stretch his one term to eight years. He knows he wont be votedback
In response, LAZ has issued a clarifying statement, asserting that, while there may be some gaps in the Constitution of Zambia (Amendment) Act No. 2 of 2016, the timeline for holding general elections remains unambiguous and indisputable. Article 56(1) of the Constitution clearly stipulates that general elections must be held on the second Thursday of August every five years, following the last general election.
Chilubas third term nonsense reloaded.
They say in politics nothing happens by chance, everything is planned. Hichilema and his cohorts have had a lengthy discussion on the matter and even decided to include it in his speech. They’ll not blackout easily. They’re testing the waters. But they’re about to meet their Waterloo. We’ve so far tolerated a lot of nonsense from Kainde but this one we’ll show him that he can’t continue to play games with us. Let him dare us
I’m really disappointed that even bodies like the Law Association of Zambia has decided to be emotional about the clause which even myself who has not been to any law school can easily understand. The problem we have in Zambia is the continuous politicking even where it’s not necessary. I’ve listened to the President’s speech so atleast to 5 times. There’s nowhere where he said he wants to extend his mandate. On the contrary, he’s asking parliament to rectify the lacuna in the said article so that no President in the future takes advantage of the inadequacy of that constitutional provision. Instead LAZ has taken a stance of an opposition political cadre
Has there been any attempt by anyone apart from Kaunda? Chiluba sort a third term and Zambians stopped him. ELC wanted more and the courts cleared him but Zambians said otherwise. We shall decide as we always do. Just bola panshi, the amendments won’t improve the destroyed democratic space in the country.