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Sangwa petitions con-court over ECZ affidavit for presidential candidates

Written by on May 5, 2021

Prominent Lusaka Constitutional lawyer John Sangwa has petitioned the constitutional court over the matter of alleged contravention of Article 52 and 106( 3) of the constitution and Article 1 and 128 ( 3) of the constitution by the Electoral Commission of Zambia ECZ.

According to the petition, Mr. Sangwa prays that ECZ be commanded to amend the affidavit to include another paragraph to comply with Article 106 (3) of the constitution which he said should state;

“I have not twice held office as president.”

He states on Friday 30th April 2021, the petitioner attended a meeting at ECZ’s in Lusaka to confirm whether or not there has been any amendment to the affidavit for the nomination of presidential candidates for the general elections to which he was told the substance of the affidavit has not been changed.

He says paragraph 1 to 8 of the prescribed affidavit satisfy the provisions of Article 100(1) of the constitution, while paragraph 9 of the affidavit fulfills Article 100(2) of the constitution.

He sates in addition to Article 100 of the constitution, Article 106(3) provides another instance where one may be disqualified from nomination as a presidential candidate.

He says the current version of the affidavit for presidential candidate or running mate does not meet the requirement of Article 52 of the constitution because it does not require a candidate for nomination as a presidential candidate to state on oath the number of times the candidate has held office as president as required by article 106(3) of the constitution.

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