The Electoral Commission of Zambia (ECZ) has urged the Constitutional Court to dismiss a petition challenging the nullification of the Petauke parliamentary seat, citing the prolonged absence of former Member of Parliament Emmanuel Jay Banda.
Isaac Mwanza, Executive Director of the Zambian Civil Liberties Union (ZCLU), filed a petition questioning the legality of the National Assembly’s decision to declare the seat vacant.
Mwanza argued that the move infringed upon the judiciary’s authority to adjudicate breaches of parliamentary conduct, thereby violating constitutional provisions.
In its response, the ECZ asserts that its constitutional mandate requires it to conduct elections within 90 days whenever a parliamentary seat, mayoral position, or council seat becomes vacant.
The commission states that on November 27, 2024, the Speaker of the National Assembly formally notified the Commission of the vacancy in the Petauke Constituency following Banda’s absence.
Consequently, through a statutory instrument, the ECZ scheduled January 7, 2025, for nominations and February 6, 2025, for the by-election.
The commission maintains that the 90-day deadline for holding the by-election is set to expire on February 25, 2025, and that it has adhered to constitutional requirements by scheduling the election within the prescribed timeframe.
The ECZ denies the petitioner’s claims and contends that Mwanza is not entitled to the reliefs sought.
The commission argues that the petition lacks merit and urges the court to dismiss it with costs.
The Speaker of the National Assembly and the Attorney General are the other respondents in the case.
