It is unconstitutional, absurd and act of premeditated banditry for the Electoral Commission of Zambia (ECZ) to disqualify a candidate before they file their nominatioj papers.
The Constitutional provision which empowers ECZ to accept or reject the participation of candidates in an election is Article 52(2). This sub-Article provides that:
“A returning officer shall, immediately on the filing of a nomination paper, in accordance with clause (1), duly reject the nomination paper if the candidate does not meet the qualifications or procedural requirements specified for election to that office.”
Besides the power stated in Article 52(2), the rest of the powers to disqualify candidates for nomination are vested in the court and the tribunal.
Therefore, the decision by ECZ to disqualify Hon Malanji and Lusambo before they file their nomination papers is anarchy, and dangerous precedence, which, unless overturned
