[16] In response to the question by the Court on why the Petition
only singled out the Republican President and not all the 16
presidential candidates in the 2021 General Election, the Petitioner
submitted that while the 1st Respondent needed to publish the
information in issue for all the candidates, the weight of publishing
the information for the Republican President who holds public office
was greater.
1st RESPONDENT'S CASE
[17] The 1st Respondent in its Answer dated 13th October, 2021
stated that in the performance of its functions, it is guided by the
relevant electoral laws including the Constitution, the E ectoral
Process Act, the Electoral Commission of Zambia Act No. 25 of
2016 and the regulations promulgated under these laws.
[18] It was averred that while the repealed Article 34 (5)(b) of the
Constitution as amended in 1996 expressly subjected the declared
assets to public inspection, the current Constitution as amended in
2016 does not have such a provision.
Further, that there is no
constitutional provision that compels the 1st Respondent to publish
declared assets and liabilities of presidential candidates.
[19] The lsl Respondent further posited that contrary to the
contents of the Petition, Article 52 (3) of the Constitution, section
30 (l)(c) of the Electoral Process Act and Regulation 11 (6) and 20
(2) of the Electoral Process (General) Regulations, 2016 do not
require the I5,1 Respondent to publish presidential candidates'
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