in one breath, deny a breach of the Constitution as alleged and in the next
breath, lament the failure by Parliament to set a time frame within which
laws should be brought into conformity with the Constitution of Zambia as
amended by the Constitution of Zambia (Amendment) Act No. 2 of 2016
(henceforth “the Constitution").
[77] The 2nd Respondent further committed to “kick starting” the process
of bringing the Electoral Process Act No. 35 of 2016 (henceforth “the Act’1)
into conformity with Article 52 (3) of the Constitution while working with
the 1st Respondent as the current administration has the necessary
political will to do so.
[78] In my considered view, the sentiments acknowledge two things: First
that the lack of subsidiary law, which gives effect to Article 52(3): amounts
to an instance of non-compliance with the Constitution. Secondly, that the
responsibility to initiate the process of prescription giving effect to Article
52(3) lies with the 1st and 2nd Respondent. Not only has the prescribing
not been done but it is being touted as justification for not doing what
Article 52(3) demands. This defence is not tenable for the reasons that
follow.
[79] Article 52(3) reads:
(3) The information contained in a nomination paper and affidavit shall be
published by the Electoral Commission, as prescribed, (emphasis added)
J32
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