nomination paper and affidavit shall be published, as prescribed. It
was posited that the term “prescribed" required that the publication
of the contents of the nomination papers and affidavits be done
pursuant to an Act of Parliament but that there was currently no
such Act of Parliament.
[23] Tne 1st Respondent contended that the closest provision
requiring
publication of nomination papers and affidavits is
contained in regulation 20 (2) of the Electoral Process (General)
Regulations,
2016
and
relates
to
parliamentary
and
local
government candidates and not presidential candidates.
[24] The lsl Respondent further argued that the burden of proof
rests on the Petitioner to prove that the 1st Respondent breached
the Constitution and specify the provision that has been breached.
In support of this proposition, the cases of Nkandu Luo v Doreen
Sefuke Mwamba and Attorney General4 and Abuid Kawangu v Elijah
Muchima5, were cited where this Court reiterated that the person
alleging must adduce cogent evidence to prove the allegation.
[25] At the hearing Mr. Bwalya, learned counsel for the 1st
Respondent submitted that the gist of the matter rests on the
definition of the word "prescribed" in Article 52(3) which word is
defined in Article 266 of the Constitution.
2nd RESPONDENT'S CASE
[26] The 2nd Respondent filed an Answer on 19Ih October, 2021
and stated that the provisions of Article 52 (3) of the Constitution,
on
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