Lawyer John Sangwa has petitioned the Constitutional Court to command the Electoral Commission of Zambia (ECZ) to amend the presidential nomination affidavit to include a paragraph which reads ‘I have not twice held office as President’.
In his petition filed in court today, Sangwa, a Constitutional lawyer, stated that the current version of the affidavit for Presidential candidate /running mate prescribed by the ECZ does not mandate Presidential candidates to address what is provided for in Article 106 (3) of the Constitution.
“The petitioner contends that the affidavit for Presidential candidate/running mate does not meet the requirement of Article 52 of the Constitution because it does not require a candidate in order to qualify 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,” Sangwa stated, citing the ECZ.
Sangwa stated that after the amendment of the Constitution on January 5, 2016, ECZ in accordance with its constitutional mandate, prescribed a number of documents for use during the election.
He stated that he attended a meeting at ECZ on April 30, 2021 whose purpose was to confirm whether there has been any amendment to the said nomination affidavit for the Presidential candidates for the General Elections scheduled for August 12.
“The petitioner was informed that the substance of the said affidavit has not changed,” he said.
Sangwa prays that his petition be allowed so that ECZ can be commanded to amend the said affidavit to include “I have not twice held office as President” so as to comply with Article 106 (3).
Sangwa also prayed that the hearing of his petition be expedited.
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