A LIVINGSTONE Magistrate is displeased that despite all political parties in Zambia having failed to comply with the law, they have continued not only to exist but to also participate in the elections conducted by Electoral Commission of Zambia (ECZ).
Magistrate Benjamin Mwelwa contends that constitutions of political parties are not in line with the Zambian Constitution (Amendment) Act No.2 of 2016 as they have not promoted and practiced democracy through regular, free and fair elections.
He has since petitioned the Constitutional Court over the unconstitutional appointment of political party Secretary Generals and other party members by political party presidents.
Magistrate Mwelwa has sued the state in his capacity as a Zambian citizen and cited Attorney General Likando Kalaluka in the matter as first respondent and the Electoral Commission of Zambia as second respondent.
Magistrate Mwelwa is seeking an order that any political party which came into existence after the Amendment of the Constitution on January 5, 2016 and has not promoted and practiced democracy through regular, free and fair elections within its political party should be deregistered by the registrar of societies.
In his petition Magistrate Mwelwa said that following the amendment of the constitution of Zambia (Amendment) Act No.2 of 2016 it is required that political parties inter alia promote and practice democracy through regular, free and fair elections within their parties.
He stated that the said elections for all political parties in Zambia were to be conducted within 12 months from January 5, 2016 to January 4,2017.
Magistrate Mwelwa indicated that political parties constitutions should be in conformity with the Constitution of Zambia (Amendment) Act No.2 of 2016.
He noted that there is no political party’s Secretary General in Zambia who has ever been elected since January 5, 2016 to January 4,2017 in compliance to promote democracy through regular, free and fair elections within their parties.
“It has become a norm in all political parties in Zambia for the political parties presidents to be appointing Secretary Generals and others to their positions,” Magistrate Mwelwa said
“The political parties presidents continuing to be appointing the secretary generals and others to their positions is unconstitutional.”
Magistrate Mwelwa said since January 4, 2017 all the political parties in Zambia have failed to practice democracy through regular, free and fair elections as provided for by law.
He contended that despite that all political parties have failed to comply with the law, they have continued to exist and also participating in the elections conducted by ECZ.
“That despite all the political parties in Zambia ceased to exist as political parties the Attorney General has failed to advise the registrar of societies to deregister them as political parties,” Magistrate Mwelwa stated
He observed that ECZ has conducted many elections and has allowed political parties which have ceased to exist to participate in those elections.
Magistrate Mwelwa suggested that political parties in Zambia can only remain as a political party if such political parties complied with the Zambian constitution.
He therefore wants an order that any political party which was registered and in existence as of January 5, 2016 and which has not promoted and practiced democracy through regular, free and fair elections within its political party from January 5, 2016 to date has breached Article 60(2) (d) of the constitution of Zambia (Amendment) Act No.2 of 2016 therefore such a political party ceased to exist as a political party in Zambia on January 4, 2017.
Magistrate Mwelwa is seeking a declaration that any political party which was registered as such came into existence after January 5, 2016 and which has not promoted and practiced democracy trough regular, free and fair elections within its political party to date has breached Article 60(2) (d) of the constitution of Zambia (Amendment) Act No. 2 of 2016 therefore such a political party ceased to exist as o political party in Zambia.
He wants an order and declaration that the electoral commission having allowed the political parties which have ceased to exist participating in the elections conducted since January 4, 2017 is not only illegal but unconstitutional as such acts are in violation of Article 60(2) (d) of the PF Zambia (Amendment) Act No. 2 of 2016 and also section 18(1) and (2) of the constitution of Zambia Act No. 1 of 2016.
Magistrate Mwelwa is further seeking an order that the registrar of societies deregisters all political parties for having ceased to exist as a political party in Zambia on January 4, 2017 and have violated Article 60(2) (d) of the constitution of Zambia (Amendment) Act No.2 of 2016 and section 18(1) and (2) of the constitution of Zambia Act No.1 of 2016.
Magistrate Mwelwa also wants an order that ECZ should not allow political parties which have ceased to exist to continue to participate in the future elections to be conducted as such acts will be in violation of Article 60(2) (d) of the constitution (Amendment) Act No.2 of 2016 and section 18(1) and (2) of the constitution of Zambia Act No.1 of 2016.
©Kalemba May 11, 2020
