Wednesday, November 13, 2024

ECZ Speaks On Article 52 Of The Constitution

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The Electoral Commission of Zambia (ECZ) says it has noted with concern the public discussion around Article 52 of the amended 2016 Constitution of Zambia which relates to the nomination procedure.

ECZ Chairperson, Mwangala Zaloumis said the discussions have focused on sub articles as opposed to the whole article 52 as amended under Act No. 2 of 2016.

Ms. Zaloumis added that the entire Article 52 of the constitution is key to the operations of the commission and the execution of nominations.

Ms Zaloumis said this during a media briefing on the orientation of the electoral Reform Technical Committee (ERTC) on the provincial stakeholder engagement meetings in Lusaka.She noted that the Commission is aware of the challenges that Article 52(6) poses in the implementation of nominations and the electoral process.

Ms. Zaloumis added that in cases where article 52 (6) has been invoked, the commission has had no option but to cancel the nomination and call for fresh elections.

“For instance, the Commission is on record as having cancelled the Kayo Ward by-election in Mwansabombwe district on 12th January 2024. The cancellation of the ward by-election was triggered by the resignation of the candidate of the Citizen First Party. This cancellation was done after the Commission had conducted its nominations and was scheduled to hold the polls,” she explained.

She noted that such a provision is therefore subject to abuse by candidates and had potential of disrupting the electoral process.

“There are serious costs attributed to the cancellation of an election to both the Commission and participating candidates which have to be taken into consideration every time the provision is invoked,” she said.

Ms. Zaloumis further said the Commission recognises that there is need to address the gaps that have been identified in the constitution and other electoral laws.

She further added that the Commission has appointed the Electoral Reforms Technical Committee (ERTC) to spearhead the electoral reforms process which will be led by Rabbison Chongo as its Chairperson.

She has, however, encouraged the general public, political parties, civil society organisations and other stakeholders in the electoral process to take advantage when the Electoral Reform Technical Committee will be receiving submissions on proposals on the amendment of the electoral laws.

20 COMMENTS

  1. Hoping it will be done transparently, and not according to someone’s hidden agenda. It’s so hard these days to trust politicians!

    • Her message is confusing. She seems to be telling us not to worry because our “discussions have focused on sub articles” meaning we should interpret the whole article 52 and perhaps then we wont need to debate like HH is doing as he is focused on the sub article.
      However, she cites cases where she has been implementing the sub-article and it has tied her in knots. Whats your message madam? Why have you “noted with concern the public discussion around Article 52”? Whats your concern???

  2. Why is it spoken about now by ECZ, why did they not speak about it before somebody spoke about it at parliament. If it is an independent commission, it must not take instructions from anybody, and I mean any one for that matter.

    • You are so right comrade. Madame Zaloumis Mwangala and Ms. Laura Mitti have suddenly had it dawned on them that we have a Lacuna just because Mr. Lacuna went to talked about it in parliament. Parrots!

  3. Some people are wondering why UKA is crumbling. But isn’t that the normal script of political alliances in Zambia?

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  4. ECZ BACKS PRESIDENT HICHILEMA`S CALL TO AMEND ARTICLE 52 OF THE ELECTIONS ACT by ZambianObserver, ZEDIANS we are in big trouble

  5. Mwangala’s ECZ is correct. No need to brew a storm in a teacup. It is possible that one of these nashala neka party presidents can withdraw his/her candidature weeks or days before elections and throw the entire nation into a crisis

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  6. Amend Article 52. Do not touch anything else in the constitution … mwe mashilu mwe. So now low IQ candidates will be sneaking in to operationalise the abnormal even if you amend that one. They will create a new circus. Just impose stiff penalties for those withdrawing. It should COST something, especially of a monetary value so we see. As for General Elections, even stiffer.

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    • Too late anonymous too late! The politicians are running the world. Sorry I got it wrong: the politicians are ruining the world.

  7. This is so embarrasing for LAZ and so called Constitutional lawyers who hurriedly disputed the statement from the President. It means they are lawyers withought full understanding of the constitution. Shame on them. Not everything needs to be opposed. In life, I have learnt to reflect first before arguing

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  8. Hakainde is scheming to sponsor a surrogate candidate who will resign before the elections. After the cancellation of the elections in question the candidate will be arrested and tried in the courts of law. Then a new date for elections will be set within 30 days. Ba pwa bwangu ba pompwe aba.

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