ECZ says it conducted Roan by-election within the provisions of the law

By Staff Reporter


THE Electoral Commission of Zambia has filed a witness statement in the Constitutional Court where it has submitted that it acted within the provisions of the law when it conducted the by-election for Roan constituency.

The ECZ has also stated that it did not violate any laws when it conducted the Roan constituency by-election following the nullification of Chishimba Kambwili’s seat by Speaker of the National Assembly of Zambia Dr Patrick Matibini.

Kambwili petitioned the Constitutional Court to declare that his seat did not fall vacant as ruled by Dr Matibini.

Kambwili cited the Attorney General and the ECZ.

He also wants the court to declare that the purported decision by Dr Matibini to declare his seat vacant does not conform with the provision of Article 72 (2) of the laws of Zambia and as such was not only undemocratic but also illegal, unreasonable, procedurally improper and unconstitutional.

ECZ voter registration manager Emma Mwiinga in her witness statement submitted that on February 27 this year, the Speaker notified the electoral body that the Roan constituency seat became vacant following the crossing of the floor of Kambwili from PF to the National Democratic Congress (NDC) party.

Mwiinga stated that following the notification of a vacancy on that particular seat, a by-election was supposed to be held within 90 days to fill the vacancy.

She added that the election dates for Roan constituency by-election was set and published in the Government Gazette and March14, 2019 was set as the date for nominations and April 11, 2019 as poll day.

Mwiinga stated that ECZ acted within the provisions of the law when it conducted the by-election, adding that the arguments raised by Kambwili in the petition have no merit and should be dismissed with costs.