assets and liabilities as alleged.
It was further averred that
Regulation 20 (2) requires the returning officer to publish the
information contained in nomination papers and affidavits relating
to candidates but not presidential candidates.
Furthermore, that
Regulation 22 allows for inspection of nomination papers for
parliamentary and local government candidates but does not
extend to presidential candidates.
[20] The 1st Respondent admitted receiving a letter from the
Petitioner
demanding
the
publication of President
Hakainde
Hichilema's declared assets and liabilities to which it responded. In
conclusion, it was stated that the 1st Respondent had not breached
any provision of the Constitution as alleged and that there is no
provision of the law that compels the 1st Respondent to publish a
presidential candidate's declared assets and liabilities.
[21] The affidavit in support of the Answer, deposed to by Mr.
Kryticous Patrick Nshindano, the Chief Electoral Officer, essentially
repeated the averments in the Answer and we will therefore not
repeat them.
[22] In its skeleton arguments, the 1st Respondent submitted that
the repealed Article 34 (5)(b) of the Constitution as amended in
1996
provided
for
inspection
of statutory
declarations for
presidential candidates. However, that this is not the case in the
Constitution as amended in 2016 because Article 52 (3) of the
Constitution
provides
that
the
J1O
information
contained
in
a
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