Kawambwa By-election unlawful – Zambian Eye
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By Emmanuel Mwamba
Whitney Mulobela Chief Strategist at State House, asserts that the UPND are NOT stealing the Kawambwa Parliamentary Seat.
My expensive brother Whitney, kindly clarify why the Electoral Commission of Zambia (ECZ) has ignored an lively courtroom order towards the by-election from the Chinsali High Court issied by Justice Hon. Willie Sinyangwe.
Hon. Nixon Chilangwa obtained the order since he has appealed towards each conviction and sentence and has sought bail pending enchantment.
It seems that bail-pending-appeal has been intentionally denied to implement the phrase “serving a prison sentence”.
The authorized and lawful means is for ECZ to go to courtroom, argue and try to discharge that courtroom order than completely ignore it or faux that there isn’t any injunction towards yhat election.
I’m additionally conscious of the current contraversial judgment by the Constitutional Court that outlined the holding of elections followingthe declarationof a seat vacant inside ninety (90) days.
But like ECZ did to the Kawambwa Council Chairperson Kalumba Chifumbe’s seat, the place regardless of having the courtroom’s intervention to evaluate the choice of the Electoral Commission of Zambia to declare his seat vacant, ECZ proceeded with the by-elect.
Whitney Mulobela wrote;
KAWAMBWA BY ELECTION
Ambassador Emmanuel Mwamba there isn’t any stealing of a seat right here.
The legislation is obvious and clear;
Article 70 (2) (f) of the Constitution gives,
An individual is disqualified from being elected if they’re serving a sentence of imprisonment.
Further the identical legislation at Article 72 (2) (c) the workplace of Member of Parliament turns into vacant if a member acts opposite to a prescribed code of conduct.
In this occasion Hon. Nixon Chilangwa contravened the the Penal Code, Chapter 87 of the Laws of Zambia. Unlike the Pambashe MP who hasn’t been sentenced, the Kawambwa seat turns into vacant.
Precedent was set within the Chilanga seat when Hon. Keith Keith Mukata was convicted and sentenced.