THE Ndola High Court has directed the Electoral Commission of Zambia to prescribe the amount of airtime in public media to be allocated to all the participating political parties in this year’s elections.
The court said it was important that ECZ leveled the playing field for all political parties in the prescription of airtime in both electronic and print public media.
This is in a matter where the UPND commenced judicial review proceedings against the Electoral Commission of Zambia for banning campaign rallies prior to the general elections.
UPND secretary general Batuke Imenda cited the Electoral Commission of Zambia and Attorney General in the matter as the first and second respondents respectively.
Imenda was seeking a declaration that the decision of ECZ to ban campaign rallies during the campaign period leading up to the general elections slated for August 12 was sudden and without legal authority.
He wanted an order quashing the decision of the electoral body to ban campaign rallies.
In an affidavit in support of ex-parte application for Judicial review, Imenda said the decision of the ECZ to ban campaign rallies on a purported reason that it shall pose a public health risk or an upsurge in the wake of COVID-19 was not anchored on any law.
He said COVID-19 was managed under the Public Health Act which was administered by the Ministry of Health and institutions such as the Zambia National Public Health Institute.
“Assuming that ECZ has the power to regulate voters and candidates by banning campaign rallies, ECZ has not promulgated any regulations for banning campaigns as required under Section 125 of the electoral process Act no.35 of 2016,” submitted Imenda.
He further wanted a declaration that the ECZ had abrogated its responsibility under the Electoral Code of Conduct by failing to prescribe airtime to all public television, radio and print media for the benefit of all participating political parties and independent candidates.
Imenda was also seeking an order of mandamus compelling ECZ to prescribe the amount of airtime in any given language on electronic and print media to be allocated to all participants.
In her ruling on Thursday, Ndola High Court judge Mary Mulanda said it was not the campaigns that were suspended but the rallies.
She said political parties were advised to use appropriate campaign strategies such as mobile public address system, distribution of fliers and political party materials with minimal or no contact with the crowd.
Judge Mulanda said the decision by ECZ to ban campaign rallies was done in accordance with the law and it was not sudden as an upsurge in COVID-19 cases was looming.
She said Article 229 of the Constitution conferred ECZ with the power to ban campaign rallies.
Judge Mulanda therefore refused to grant Imenda a full judicial review.
“I am not satisfied that there is a case fit for further investigation at a full hearing. I refuse to grant the applicant leave to apply for judicial of ECZ’s decision to ban campaign rallies,” she said.
Judge Mulanda however noted that the prescription of airtime is highly necessary to enable all participating political parties and independent candidates including the UPND have equal campaign opportunities before the forthcoming elections.
“I grant the applicant leave to apply for judicial review in respect of the decision of ECZ not to prescribe the amount of airtime in any given language on public television radio and print media to be allocated to all the participating political parties, not limited to UPND,” said judge Mulanda.
Credit: The Mast