PONTENTIAL PRESIDENTIAL BY-ELECTION MARCH 2025
About ECL 10th December ConCourt ruling & potential Presidential by election before end of March 2025
By Miles B. Sampa, MP
Most of us are hoping ECL eligibility ruling goes in his favour on the 10th of December 2024 and so he can exercise his democratic right to participate in 2026 elections. This that Zambians can then make the decision via the ballot on whether they want him back as President or not regardless of a political party that he would stand on. That’s what is called democracy. Citizens to vote in favour or in rejection of a particular candidate or candidates.
In the event he is ruled out on the 10th verdict however, then as most have pointed out, a constitutional ‘earthquake’ will arise.
The same 2016 amended constitution says if one presidential candidate is not eligible to be on the ballot for whatever reason, then fresh Presidential nominations should been redone or will have to be redone. Remember the article that dictates new nominations should be redone if one candidates withdraws from the race or is disqualified or whatever reasons. Same difference. The principle of one rotten groundnut in the mouths, spoils the taste of the good nuts in the mouths. Entire process becomes ‘poisoned chalice’.
It therefore means a Presidential by election will have to be held within 90 days.
It also means President HH would have to hand over power to the Speaker of Parliament Nelly Mutti to oversea the by election. If the verdict goes against ECL, the Speaker would be about one of the few constitutional office bearers that would remain legal as she was not appointed by the President but elected by MPs whose elections in 2021 are not in question or in dispute. The Consitution also dictates that the Speaker becomes a caretaker President whenever the office of President is vacant or being determined be it in Court or otherwise.
It gets even more complex. If President HH happens to win (can also lose) the by election to be held within 90 days, then he will be deemed to be starting his first 5 years term until 2030 and by default be entitled to another term thereafter. Wait a minute. He would however have already been sworn twice that is in 2021 and in the potential by election by March 2025. Dejavu ! Same hullabaloo.
So the ConCourt legal battles would resurface then and that is assuming the current constitution famous ‘lacunae’ (vacuum, silence or inconsistency) would have not been cleaned up by then.
Whatever the argument, the fact of the matter is that which ever way the 10th December ECL ConCourt verdict will go; it will permanently change the course of geopolitics in Zambia in more ways than one. The Judgement will directly or indirectly touch every politician and every Zambian in more ways than one. Nipano tuli.
MBS07.12.2024
PONTENTIAL PRESIDENTIAL BY-ELECTION MARCH 2025
