Governance and Legal Activist, Isaac Mwanza, says an election within the coming General Election can be moved forward or backward if any item listed in Article 52(6) of the Constitution takes place before 12th August, 2021 but after 18th June, 2021.
In an interview on Sunday, Mr Mwanza said while the election date for the general election is generally fixed by the Constitution, the decision of the court, as an example, to disqualify any presidential candidate after hearing the nomination petition automatically triggers article 52(6) which cancels such an election while others elections can go on.
“Article 52(6) expressly empowers the Electoral Commission to cancel any election in an event a candidate dies, resigns or becomes disqualified in accordance with Article 70, 100 or 153 or a court disqualifies a candidate for corruption or malpractice after the close of nominations but before 12th August 2021,” said Mwanza.
The Electoral Commission has set 14 – 18 June, 2021 for Presidential nomination. Various stakeholders have expressed interest to challenge the nomination of President Edgar Lungu, UPND leader Hakainde Hichilema and NDC leader Chishimba Kambwili to contest 2021 elections.
Mr. Mwanza said the filing and hearing of a nomination petition against any candidate has a maximum of 28 days, generally, from June 19 – July, 16, 2021 next year if such a nomination took place on the 18th June, 2021 as announced by the Commission.
“So, while Article 52 does not talk about cancelling the general election generally because the August date is fixed by the Constitution, any election, whether a presidential, parliamentary and local government election during the same general election gets affected by any happenings in article 52(6). The happening automatically cancels such an election,” said Mwanza
Mr. Mwanza advised ECZ to be cautious on the timing with regards to printing of ballot papers.
“Article 52(6) is clear and is not inferior to Article 56 which sets the date. When any of the items in this article happens, ECZ cannot run away from cancelling the affected election and calling for fresh nominations. The election from such fresh nominations can only be held within 30 days of the filing of the fresh nominations as stated in that provision of the Constitution,” he said
Mr. Mwanza has also clarified that the Constitutional Court is not bound by any timeframe to determine or pronounce itself on the challenge against the nomination.
The law only allows binds the Court to hear a nomination petition within 21 days but the Court has discretion on when to deliver its ruling. It can be done immediately thereafter or even months later as has been the case with many petitions before the Constitutional Court.
Mr. Isaac Mwanza Please don’t start bringing confusion on the elections date that is clearly stated in the Constitution. We don’t want your misleading statements like you and your colleague Andrew Ntewewe did over BILL10… NO!. Please don’t put this country on fire because of your belly. Tapapata… We want our peace to continue.
What’s even motivating him to be entertaining such thoughts regarding changing the date of election.
He’s from having meeting with Ntewewe
Roy Chisha already thinking about postponements, while everyone else is getting geared to vote.
Sit down bamwankole
This is correct view of Article 52 clause 6 but UPND cadres won’t like it…..
“…..“So, while Article 52 does not talk about cancelling the general election generally because the August date is fixed by the Constitution, any election, whether a presidential, parliamentary and local government election during the same general election gets affected by any happenings in article 52(6). The happening automatically cancels such an election,” said Mwanza
Mr. Mwanza advised ECZ to be cautious on the timing with regards to printing of ballot papers.”
Well said Mwanza!
This is correct view of Article 52 clause 6 but UPND cadres won’t like it…..
“…..“So, while Article 52 does not talk about cancelling the general election generally because the August date is fixed by the Constitution, any election, whether a presidential, parliamentary and local government election during the same general election gets affected by any happenings in article 52(6). The happening automatically cancels such an election,” said Mwanza
Mr. Mwanza advised ECZ to be cautious on the timing with regards to printing of ballot papers.”
Well said Mwanza!!
Well said Isaac. It’s the operational of the law that changes the date for an election within a General Election but not necessarily changing the date of a General Election
If HH, Lungu, and Kambwili all got disqualified next year, it would be a peaceful and quiet election.
If HH, Lungu, and Kambwili all got disqualified next year, it would be a peaceful and quiet election..
This article 52(6), am from reading it. Why didn’t Parliament remove it. I think people like Jack Mwiimbu must take this seriously in February to remove this when National assembly begins to sit
In what capacity is Isaac Mwanza advising ECZ? Doesn’t ECZ have legal Advisers of their own? Isaac Mwanza is trying to bring confusion to Electoral and Constitutional matters where there is none. The Date for next Elections is 12th August 2021. Isaac shouldn’t plant dangerous ideas of changing the Election Date to suit him and his Principals. Leave the Election Date alone.
Our Constitution is faulty. Now I see why they wanted to remove Article 52. This Section 6 is very bad law. Unfortunately it is the law and can easily be abused
Next year will be a busy year for the courts. They will be petitions against candidates, then this section 52 will also bring more petitions when ECZ cancels the election as provided there, and also it doesn’t say how many times an election can be cancelled under this Section of the constitution. This is real anarachy
As the Indians say…….
“….chalo chakawena, mali yakamina ”
, the land is yours , the money is mine…
As Bob Marley says ….
“…see them fighting for power , yet they know not the hour….”
Political parties must begin preparing for uncertainties in the electoral cycle because of this section of our Constitution. Don’t blame Isaac, he merely quoted the law
Political parties must begin preparing for uncertainties in the electoral cycle because of this section of our Constitution. Don’t blame Isaac, he merely quoted the law.
This scary and this Constitution will be source of confusion next year. We should not have run away from it. Don’t hate the messenger!
This is quite exciting….
My interpretation is that if a presidential candidate resigns, dies or is disqualified the his/her running mate becomes the presidential candidate. Were the running mate who’s become the presidential candidate resigns, dies or is disqualified that’s when ECZ can set a fresh date for elections of which case National assembly, mayoral and Councillor elections would still have been held.
not even the deadly Corona could make them contemplate on delaying,
When we introduced bill 10 to try and amend such rules, the f00lish upnd mother fakaz decided to abscond from parliament. Now look how f00lish they appear not even knowing what is in their constitution.
The only one who can be disqualified is edgar chagwa lungu because of serving his term as president, chishimba kambwili because of his case of forgery, chilufya tayali because of his case of giving false information and Edith Nawakwi because of giving false information.These others are all clean ! Let the PF withdrawal Mr. Lungu because they are embrassed in the court’s of law. A lot has been said on HH but up todate no one has proved their allegations.The likes of Edith nawakwi and others are busy blowing trumpets on privatisation which was a government program and the person they’re accusing was not in government! Shortly if not soon the PF will accuse Andrew ntewewe of being part in the misuse of the euro bond because of the advise he is offering them.
Mwanza, it is not correct to say the court has discretion on when to deliver its ruling on. The only provision available to court is to disqualify a presidential candidate after close of nomination and before election date which is 12 August 2021. This means the court has to cancel the elections and require fresh nominations of eligible candidates at most by 11 August 2021 a day before election date. After this, the elections for a president will take place within 30 days after filing fresh nominations. All we have to take into account is the period for filing fresh nominations. The postponement of presidential elections is not endless or at the mercy of court delaying conclusion of challenges to nominated candidates. Article 52(6) states “where court disqualifies a candidate after close…
So Mwanza the election date is still an important milestone as court has to disqualify a candidate after close of nominations and before election date for ECZ to cancel the elections and to require fresh nominations by eligible candidates after this the elections shall be held within 30 days of filing fresh nominations. Dont give a negative implication that the court can delay conclusion of case beyond election date. This is not what Article 52(6) says.
Like I said before, never trust anybody named Mwanza whether Isaac or Antonio. PF stooge posing as an activist.
FAKE KZ…YOU ARE THE ONE WHO IS A mother faka