Mwanza petitions Concourt to compel ECZ conduct elections in 9 Constituencies

By Hannock Kasama

Governance and Human Rights Activist ISAAC MWANZA has petitioned the Constitutional court seeking a declaration that the Electoral Commission of ZAMBIA -ECZ conduct by-elections in nine Constituencies where the seats were declared vacant in July 2024.

Mr. MWANZA has argued that the bye-elections in such constituencies must be held within 90 days after the delivery of the Judgment of his petition.

He alleged that it was unconstitutional for the ECZ not to have held the by-elections in such Constituencies by September 2024.

Mr.MWANZA has cited articles 52, 57 and 72 of the Constitution.

He has contended that since the receipt of communication by the ECZ in July, over the declaration of the seats vacant there has been no legal challenge in a court of competent jurisdiction.

Mr.MWANZA has contended that after 90 of the declaration of the seats vacant in the affected Constituencies, the LUSAKA High Court was stripped of its jurisdiction to hear any legal challenge.

He has cited the cases of PETER SINKAMBA and ISAAC MWANZA of 2023 and BELEMU SIBANZE of 2024 as precedent.

Mr. MWANZA has also contended that in June 2024 ,the  Constitutional court quashed  the petition where the affected parliamentarians challenged the declaration of their seat vacant.

Mr. MWANZA has cited article 57 of the Constitution.

The  PAMBASHE, SHIWANGANDU, CHILUBI, LUNTE, MPOROKOSO, CHITAMBO,   LUPOSOSHI , KAWAMBWA and KAMFINSA parliamentary seats were declared vacant on July 3,2024 by Deputy Speaker of the National Assembly MOSES MOYO.

This followed a point of order raised by CHOMA Central Member of Parliament CORNELIUS MWEETWA on June 28, 2024.