OPERATIONAL YOUNG VOTE ASKS SPEAKER OF NATIONAL ASSEMBLY TO INFORM ECZ ABOUT NULLIFIED SEATS
Written by newsroom on December 9, 2021
The Operation Young Vote has written to Speaker of the National Assembly Nelly Mutti imploring her to inform the Electoral Commission of Zambia ECZ in writing regarding the vacancies that have arisen pursuant to Article 72(8) of the Constitution of Zambia as amended by Act number 2 of 2016 so that elections in the nine constituencies can be held.
On Tuesday, Speaker of the National Assembly Nelly Mutti ruled that Members of Parliament whose seats were nullified by the High Court cease to be MPs and must no longer continue to attend Parliament or draw salaries and emoluments in spite of them appealing in the Constitutional Court.
Operation Young Vote through a Law firm Mulengeshi and Company yesterday December 8th, 2021, wrote to the Speaker with the letter received and stamped by the office of the speaker, demanding and informing her office to proceed and inform the ECZ about the existence informing of vacancies in the nine constituencies so that by-elections can be held in the affected constituencies.
OYV through its Lawyer notes that the decision by the Speaker is untenable that orders to stay the nullification of the seats can be issued by the constitutional court because it is settled law that a failed judgment or ruling cannot be stayed because it does not award anything.
OYV has cited the decision in Zambia Revenue Authority vs Post Newspaper Limited, SCZ Judgment number 18 of 2016 where the Supreme Court at on 19th January held that, a failed judgment or ruling cannot be stayed because it did not award anything saying if there is nothing to execute about such as judgment or ruling, then there is nothing to stay about it.
The judgment further goes, only a judgment or ruling which awards a remedy and which can be enforced by court process, can be stayed.
By Raphael Mulenga