provisions invoked generally relate to all presidential candidates in
the 2016 general elections and future elections. It is with this view
in mind that we shall consider the Petition.
[41] Before we consider the issues raised, we wish to address the
arguments by the 2nd Respondent that the second relief was poorly
drafted and vague and that the surreptitious attempt to amend it in
the Petitioner's skeleton arguments would amount to ambushing
and taking the other party by surprise. Our short answer is that
indeed the second relief indeed is poorly drafted in the Petition and
we will thus not consider it. We further wish to caution parties,
especially litigants who are not represented, to ensure that their
documents are properly drafted so that all their issues can be
appropriately determined on their merits.
[42] The Petition raises two pertinent issues: First; whether the 1st
Respondent contravened Article 52 (3) by failing to publish
declared assets and liabilities for President Hakainde Hichilema, and
second; whether this Court can order the 1st Respondent to publish
that information in the absence of legislation prescribing the same.
[43] Regarding the first issue above, the Petitioner's position is that
Article 52 (3) mandates the 1st Respondent to publish the
declarations of assets and liabilities of presidential candidates, and
its failure to do so was unconstitutional. It was his contention that
this is supported by section 30 (1) (c) of the Electoral Process Act
No. 35 of 2016 and regulations 11 (6) and 20 (2) of the Electoral
J18
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents