Election Date is set in the Constitution-LAZ
…therefore, no provision in the Constitution permitting anybody or organ of the State including the Electoral Commission of Zambia that can cancel or defer the date of general elections…
THERE ARE LACUNAE IN THE CONSTITUTION, BUT THERE IS NONE
WITH RESPECT TO THE DATE FOR HOLDING A GENERAL ELECTION
The Law Association of Zambia (LAZ) has received numerous queries requesting its position and has equally noted public discourse on the issue of lacunae in the Constitution regarding the holding of a general election.
This has arisen in light of the Republican President, His Excellency Mr.Hakainde Hichilema, who during the State of the Nation address to Parliament made on 13th September 2024, opined that the purported
lacunae in the Constitution may result in elections being held beyond 8 or
9 years.
It is LAZ’s position that while there might be some lacunae in the Constitution of Zambia (Amendment) Act No. 2 of 2016, the date for
holding a general election is cast in stone. The law on holding general elections is very clear, as Article 56(1) of the Constitution states that elections shall be held on the second Thursday of August, every five years after the last general election. Citizens decided that the date for holding a general election be immortalized in the Supreme law of the land, to guarantee the exercise of citizens’ right to elect leaders of their choice on a known and predetermined date.
LAZ is aware of the provisions of Article 52(6) of the Constitution providing that where a candidate dies, resigns or becomes disqualified or a cout 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.
This provision may appear to render credence to the Republican President’s concern about its potential impact to cause a postponement of the elections, however, it does not affect the date of a general election.
The Constitution in Article 266 defines “general election’ to mean Presidential, National Assembly and Local Government elections when held on the same day, while ‘election’ is defined to mean an election to the
office of the President, National Assembly or Council. It becomes evident that it is only an ‘election’ and not a “general election’ which can be subject to cancellation by the Electoral Commission of Zambia under Article 52(6),
should the prescribed eventualities arise.
There is, therefore, no provision in the Constitution permitting anybody or organ of the State including the Electoral Commission of Zambia to defer elections.
LAZ, therefore, urges strict adherence to the Constitutional edicts to continue sustaining our robust and functioning democracy, epitomized through the right by citizens to elect their leaders and, if there are any doubts as to the import of its provisions, concerned parties are at liberty to invoke the jurisdiction of the courts of law, who have the final say in the interpretation of Constitutional provisions.
The Press Release on a matter of public interest and constitutionalism as well as the rights and liberties of citizens of universal suffrage, has been issued in furtherance of LAZ’s mandate under Section 4 of the Law
Association of Zambia Act No 31 of the Laws of Zambia.
Election Date is set in the Constitution-LAZ
