The Electoral Commission of Zambia – ECZ says it has an initial budget of K13 million for the conduct of the by-elections in Kabwata Parliamentary, and Sokontwe and Liangati Ward by-elections.
ECZ Corporate Affairs Manager Patricia Luhanga said the funding covers activities from nominations to polls and the commission would consolidate the requirements for Kabwata by-election after the nominations taking place on Wednesday 19 January 2022.
In an interview with the Zambian Business Times – ZBT, Luhanga said ECZ always budgets for by-elections and the commission has an approved budget of K85 million for 2022 adding that this is in view of the many election petitions that have been recorded after the 2021 general election.
She further said the figure might go up or down depending on the outcome of the petitions, election type (i.e. national assembly and local government) and/or area where the election is taking place among other factors.
The Electoral Commission of Zambia received a letter dated 7 January 2022 from the United Progressive Party (UPP) Kabwata Parliamentary by-election candidate, Libanda Francis indicating his withdrawal from the forthcoming by-election and another letter dated 10 January 2022 clarifying his decision whilst invoking the provision of Article 52 of the Republican constitution.
According to the Electoral Process Act under section 31 (2) provides that a nomination submitted under subsection (1) may be withdrawn at any time, before the expiry of the period appointed for lodging nomination papers in respect of the constituency concerned, if the candidate delivers to the returning officer a written notice to that effect.
On the other hand, article 52(6) of the republican constitution provides that where a candidate dies, resigns or becomes disqualified in accordance with article 70, 100 or 153 or a court disqualifies a candidate for corruption or malpractice, after the close of nominations and before the election date, the 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.
Based on the initial correspondence of 7 January 2022, the by-election would have proceeded as planned as provided for by the Electoral Process Act No.35 of 2016, Section 31 (2) which empowers the commission to reject a withdrawal and proceed with the election.
The commission states that a withdrawal is clearly only permitted before close of nominations as provided under section 31 (2) of the Electoral Process Act. However, where a candidate has sought to invoke the provisions of article 52 (6) of the republican constitution, the law requires the cancellation of elections and this calls for fresh nominations for eligible candidates. Libanda in his letter dated 10 January 2022 invoked the provisions of article 52 (6) of the constitution of Zambia.
