Nkunika petitions ConCourt to declare election of Lundazi MP null and void

By Staff Reporter


A LOSING candidate in the 2016 Lundazi Central parliamentary election has petitioned the Constitutional Court, seeking a declaration that the seat held by independent member of parliament Lawrence Nyirenda be declared vacant because the later does not have a grade 12 certificate.


In a petition filed by Bizwayo Nkunika who also stood as independent but lost, wants the court to direct the Electoral Commission of Zambia to hold elections within 90 days because Nyirenda contravened the provisions of Articles 70 (1) (d) and 72  ( 2) (b) of the Constitution of Zambia.

The petitioner has alleged that Nyirenda does not meet the minimum academic qualifications as prescribed under Article 70 (1) (d) of the Constitution as he allegedly does not hold a minimum of grade 12 certificate.

Nkunika stated that Nyirenda contravened and has continued to contravene the provisions of the law by holding office as member of parliament when he does not qualify to hold such an office because he does not hold the minimum academic qualification prescribed.

He also claimed that the ECZ contravened Article 70 (1) (d) of the Constitution of Zambia by allowing Nyirenda to contest the Lundazi Central seat without meeting the minimum academic qualifications as prescribed by law.

Nkunika added that ECZ has continued to contravene the law by not taking the appropriate action against Nyirenda when the Commission is aware that he did not submit a grade 12 certificate as constitutionally required.