By GRACE CHAILE LESOETSA
JOSEPH Malanji and Bowman Lusambo have filed an application in the High Court asking it to suspend by-elections in Kwacha and Kabushi which are scheduled for September 15, 2022.
According to an affidavit in support of summons for leave to suspend or stay by-elections in the two constituencies, Mr Malanji contends that their fear is that the petition before the High Court in which they are seeking an order for fresh nominations may not be heard before September 15.
“There is a chance that the petitioners will be deprived of their right to participate in the forth coming elections for Kwacha and Kabushi constituencies respectively,” he stated.
Mr Malanji stated that the High Court had the jurisdiction to order the Electoral Commission of Zambia (ECZ) to suspend the by-elections pending determination of the matter.
He said that if elections are not stayed, their petition will merely be an academic exercise.
In the petition, the duo wants an order quashing the Commission’s decision to reject and declare their nominations as unsuccessful.
The Petitioners also want the High Court to declare them eligible to contest the elections for the two Constituencies on the Patriotic Front ticket as well as an order for fresh nominations.
They seek a declaration that the said decision by ECZ amounts to interpreting the Constitution which is a judicial function and is in excess of the powers given to ECZ under Section 4 of the Electoral Commission Act no.25 of 2016.
