in a nomination paper and affidavits relating to candidates in a
constituency, district or ward shall be published. That this did not
set out a prescribed procedure for publishing the information.
It
was therefore the Petitioner's contention that there is no prescribed
procedure for publishing the information in the nomination papers
and affidavits for candidates at all levels whether presidential,
constituency, district or ward in either the Constitution, subsidiary
legislation or regulations and yet, the 1st Respondent chose to
publish the information for the other levels of elections but refused
to do so for candidates at presidential level. He argued that this is
a clear self-contradiction and that based on Article 52 (3) there was
no further need for additional procedure or guidance in terms of
how that publishing was to be done because the word publish was
self-explanatory.
[15J The Petitioner's other argument was that based on Article 4
(3) of the Constitution, Zambia is a democratic state and
accountability is the cornerstone of democracy and further that
transparency is the cornerstone of accountability. It was submitted
that the declaration of assets and liabilities is the transparency that
gives opportunity to common citizens to assess whether the wealth
accumulated by the Republican President while in office was
reasonable or not. He added that after three successful transfers
of power in 1991, 2011 and 2021 this Court should uphold the
country's status as a beacon of democracy by granting the
remedies sought.
J8
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