Q FM Africa's Modern Radio
Two Lusaka – based lawyers have asked the Constitutional Court to render its interpretation on whether the amended Constitution allows political parties to sponsor candidates for the election or nomination of councillors ahead of the August 11th General Elections.
Lawyers Noel Siamoondo and Kelly Kapianga, who have sued the Electoral Commission of Zambia (ECZ) as a first Respondent and the Attorney General as Second Respondent, have argued that Article 60 and 153 of the amended Constitution has limited the right for political parties to sponsor candidates for election to State Office.
The lawyers who have sued in their capacity as citizens of Zambia under Article 2 of the Constitution of Zambia are seeking a declaration that persons who intend to contest as councillors cannot be sponsored by political parties and that local authorities as established by the Constitution are autonomous and therefore, political parties cannot sponsor councillors as this would comprise and/or interfere with the performance of their duties.
In their petition filed at the Constitutional Court Registry on 29th April 2016, the two lawyers have also argued that the office of councillor as provided in the amended Constitution is not a State Office and other provisions in the amended Constitution support the notion that the Constitution has created a new structure of local government which makes Councils free from partisan political influence in the delivery of services to the people.
YALI Governance Advisor Isaac Mwanza
Meanwhile, YALI Governance Advisor Isaac Mwanza says his organization will join in the litigation having advocated for this issue following the enactment of the new constitution.
Mr. Mwanza says ECZ shall be in breach of the Constitution if they decide to allow political parties to sponsor candidates for election or nomination for election as councilors.