By Amb. Emmanuel Mwamba
Kawambwa By-election illegal
Whitney Mulobela Chief Strategist at State House, asserts that the UPND are NOT stealing the Kawambwa Parliamentary Seat.
My dear brother Whitney, kindly explain why the Electoral Commission of Zambia (ECZ) has ignored an active court order against the by-election from the Chinsali High Court issied by Justice Hon. Willie Sinyangwe.
Hon. Nixon Chilangwa obtained the order since he has appealed against both conviction and sentence and has sought bail pending appeal.
It appears that bail-pending-appeal has been deliberately denied to enforce the word “serving a prison sentence”.
The legal and lawful way is for ECZ to go to court, argue and attempt to discharge that court order than totally ignore it or pretend that there is no injunction against yhat election.
I’m also aware of the recent contraversial judgment by the Constitutional Court that defined the holding of elections followingthe declarationof a seat vacant within ninety (90) days.
But like ECZ did to the Kawambwa Council Chairperson Kalumba Chifumbe’s seat, where despite having the court’s intervention to review the decision of the Electoral Commission of Zambia to declare his seat vacant, ECZ proceeded with the by-elect.
Whitney Mulobela wrote;
KAWAMBWA BY ELECTION
Ambassador Emmanuel Mwamba there is no stealing of a seat here.
The law is plain and clear;
Article 70 (2) (f) of the Constitution provides,
A person is disqualified from being elected if they are serving a sentence of imprisonment.
Further the same law at Article 72 (2) (c) the office of Member of Parliament becomes vacant if a member acts contrary to a prescribed code of conduct.
In this instance Hon. Nixon Chilangwa contravened the the Penal Code, Chapter 87 of the Laws of Zambia. Unlike the Pambashe MP who hasn’t been sentenced, the Kawambwa seat becomes vacant.
Precedent was set in the Chilanga seat when Hon. Keith Keith Mukata was convicted and sentenced.