By GRACE CHAILE LESOETSACIVIL activist Joseph Busenga has petitioned the Constitutional Court seeking an order that section 97 (2) (a) of the Electoral Process Act no.35 of 2016 be removed from the statute books as it aids corrupt practices while protecting undemocratically elected public officers.Mr Busenga contends that the said article makes it difficult for the courts of law to nullify elections marred with intimidation, violence and corruption.He has cited the Attorney General as the respondent in the petition.Mr Busenga stated that Section 97(2)(a) of the Electoral Process Act are inconsistent with Articles 8 and 45(2)( a) and ( b).Section 97 (2)(a) states: The election of a candidate as a Member of Parliament, mayor, council chairperson or councillor shall be void if, on the trial of an election petition, it is proved to the satisfaction of the High Court or a tribunal, as the case may be, that – (a) a corrupt practice, illegal practice […]
CIVIL ACTIVIST CHALLENGES CONSTITUTIONAL PROVISIONS ON ELECTIONS
