Confusion surrounds Kawambwa by-election

By NATION REPORTER

CONFUSION has surrounded the Kawambwa parliamentary by-election with the Chinsali High Court having stayed the decision to declare vacant the Patriotic Front (PF) seat by Speaker of the National Assembly, yet the Electoral Commission of Zambia (ECZ) has proceeded to announce the date of the by-election on the basis of the 15 October 2024 judgement by the Constitutional Court over a ward by-election in Kabwe.
The High Court has not vacated its decision to stay the declaration of the Kawambwa Seat vacant but the ECZ says the judgement of the Constitutional has essentially rendered the injunction null and void because of its hierarchical jurisdictional superiority.
The ECZ has proceeded to announce the date of a Parliamentary by-election in Kawambwa despite the High Court in Chinsali having ordered Speaker of the National Assembly Nelly Mutti against declaring Nickson Chilangwa’s seat vacant.
The Judge in charge at the Chinsali High Court on 6 August 2024 granted an injunction to Mr Chilangwa, staying the decision of the Speaker of the National Assembly, which declared the Kawambwa seat vacant.
But Brown Kasaro, the ECZ Chief Electoral Officer has confirmed that the Commission was aware of the injunction but had gone ahead to conduct the by-election in Kawambwa based on the judgement of the Constitutional Court on 15 October in a ward by-election in Kabwe.
The Chinsali High Court ordered that the decision by Speaker of the National Assembly dated 24 July 2024 declaring vacant the Kawambwa Parliamentary seat be forthwith stayed pending the determination of Mr Chilangwa’s appeal against his jailing.
“Upon hearing counsel for applicant, upon reading of the affidavit in the matter of an application for leave to commence judicial review and the Member of Parliament whose seat has been declared vacant by the Speaker of the National Assembly and between the people vs Attorney General (ex parte (Nickson Chilangwa herein, it is ordered that the applicant be and are hereby granted leave to apply for judicial review forthwith,” reads the order from the Chinsali High Court.
“…and it is hereby also ordered that the decision dated 24 July 2024 made by the Speaker of the National Assembly of declaring vacant the Kawambwa Parliamentary Seat of the applicant be and is hereby forthwith stayed pending determination of these proceedings, the order reads.
But Mr Kasaro, the ECZ Chief Electoral Officer said it was true that there was a court order restraining Speaker of the National Assembly from declaring the Kawambwa parliamentary seat vacant.
Mr Kasaro said the ECZ was proceeding with the by-election in Kawambwa because it had received a notification of a vacancy and that according the Constitutional Court, there was nothing that should stop the election from going ahead.
“Yes, it is true that there is a stay that was granted not to have the by-election in Kawambwa take place. But the by-election is now proceeding because of the Constitutional Court judgement on 15 October 2024 indicating that once the ECZ receives a notification of a vacancy, the process of the by-election kicks in and nothing else should stop the election,” Mr Kasaro said.
“It is on that premise that the ECZ has gone ahead to conduct the by-election in Kawambwa. The initial decision of not holding the by-election in Kawambwa was based on that Court order from Chinsalui High Court. But the subsequent judgement is of the higher court and the Chinsali High Court order falls off,” he said.