The Electoral Commission of Zambia(ECZ) has cancelled three Parliamentary Elections and one ward elections for the August 12 Elections. The commission said that according to Article 52(6) of the Republican Constitution, if a candidate dies, resigns, or becomes ineligible in accordance with Article 70, 100 or 153 or a court disqualifies a candidate for corruption or malpractice, after the close of nominations and before the election date, the Electoral Commission shall cancel the election and require the filing of fresh nominations by eligible candidates and elections shall be held within thirty days of the filing of the fresh nominations.
Electoral Commission of Zambia Corporate Affairs Manager,Patricia Luhanga
In line with the constitution therefore, the commission will be conducting fresh nominations for Mandevu Constituency, Lusaka, necessitated by the death of Melody Musutu and the resignation of three candidates – Charity Lumpa in Lusaka Central Constituency, Lusaka, Gilbert Bwali Musonda in Mpulungu Constituency, Mpulungu and Chewe Kateule in Kamakonde Ward, Bwacha Constituency, Kitwe.
The full statement reads:
The Commission has noted conflicting statements from some sections of the media including a misrepresentation on the position of the Commission on facts arising from the death of Zambians United for Sustainable Development (ZUSD) parliamentary candidate for Mandevu Constituency.
The Commission would like to clarify as follows:
Article 52(6) of the Republican Constitution offers guidance on the procedures to take following the death of a candidate after the close of nominations and before the polls.
The said Article provides as follows:
52(6) Where 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 and before the election date, the Electoral Commission shall cancel the election and require the filing of fresh nominations by eligible candidates and elections shall be held within thirty days of the filing of the fresh nominations.
From the foregoing, it is clear that in the event of the death of a candidate after the nomination process, the law requires the cancellation of elections and this calls for fresh nominations for eligible candidates.
As the law requires fresh nominations, it entails that all aspiring candidates including those that had originally filed in nominations will be required to pay the prescribed nomination fee.
This provision would also apply to candidates who resign or indeed get disqualified in accordance with Articles 70, 100 or 153 of the Constitution.
Given that this is a Constitutional provision, the Commission is bound to comply without any discretion to do otherwise.
The Commission also recognises that this process may inconvenience stakeholders especially political parties who will be required to do fresh nominations.
In this regard, the Commission will be conducting fresh nominations for Mandevu Constituency, Lusaka, necessitated by the death of Melody Musutu and the resignation of three candidates – Charity Lumpa in Lusaka Central Constituency, Lusaka, Gilbert Bwali Musonda in Mpulungu Constituency, Mpulungu and Chewe Kateule in Kamakonde Ward, Bwacha Constituency, Kitwe.