Academician gives counsel of how to evade costs of by-elections

US based Zambian academician Henry Kyambalesa has advised that in order to circumvent the costs associated with Parliamentary and local government by-elections some additional amendments must be made to the final draft constitution.

Mr. Kyambalesa has proposed the inclusion of a constitutional clause providing for a political party that loses a Member of Parliament or elected local government official due to death or incapacitation to appoint a replacement to serve the remainder of the incumbent’s term.

He has told Qfm News in a statement the final draft constitution should have a constitutional clause providing for a Member of Parliament or elected local government official who loses a seat through a nullification of his or her election by a court of law to be replaced by a candidate from another political party or an independent candidate who secured the 2nd highest number of votes to serve the remainder of his or her term.

Mr. Kyambalesa says there should also be a constitutional clause providing for a parliamentary or elective local government seat that becomes vacant due to an incumbent’s expulsion from his or her political party, or due to his or her decision to voluntarily leave his or her party, to be filled through an appointment of another member of the political party by the party’s national executive committee, or any semblance thereof, to serve the remainder of the term.

He adds another constitutional clause should be added which should provide for a Member of Parliament or elected local government official whose political party ceases to exist due the dissolution or de-registration of his or her political party to become an independent elected official and serve the remainder his or her term.

Mr. Kyambalesa notes that in this way By-elections should be held only in the case of unopposed office bearers; or in the case of non-availability of persons with the second highest number of votes due to death or incapacitation of the persons with the second highest number of votes, or due to a tie in the number of votes obtained by persons with the second highest number of votes, or due to any other reasons.