KASONDE MWENDA SUES ECZ AFTER BEING GRANTED BAIL
Mr Kasonde Mwenda, President of the Economic Freedom Fighters (EFF) was arrested for alleging that President Hakainde Hichilema’s convoy got lost in Chinsali.
His detention meant he was unable to physically file his presidential nomination papers, despite having paid the requisite fee.
While in dentation, he requested that the Electoral Commission of Zambia (ECZ) move his nomination date to Friday to accommodate him, but this request was not granted.
The fact that Mwenda had diligently paid his nomination fees and was prepared to submit his application, only to be prevented by circumstances beyond his direct control, ECZ should have responded or commented on his appeal.
Upon his release on bail, Mwenda pursued legal action at the High Court to allow his nomination, despite the expired period.
The High Court’s ruling will set a precedent for how electoral laws are interpreted and applied, especially in situations where detention or other state-imposed restrictions may inadvertently disenfranchise political actors.
This legal battle is not just about Mwenda’s nomination; it is about the broader principle of due process within the electoral framework, ensuring that political opportunities are not unfairly curtailed due to circumstances that can be attributed to the state’s actions.