liabilities and the statement of assets and liabilities is attached to
the affidavit and marked as 5. Paragraph 8 of the affidavit provides
as follows:
8. I have declared my assets and liabilities and the statement of the
assets and liabilities is attached and marked 5.
[51] Form GEN 5 is the statutory declaration of assets and liabilities
that is required to be filed by candidates at presidential,
parliamentary and local government levels and it provides in part as
follows:
I,..... (full names) being a candidate for the office of the President of the
Republic of Zambia/Running Mate* do solemnly and sincerely declare
that the statement annexed hereto is made by me for the purposes of
Article 100/70* of the Constitution and is a true and complete statement
of my assets and liabilities.........
Note: A typed or dearly printed/written statement of assets and
liabilities must be annexed to this declaration.
[52] It is our considered view, that paragraph 8 of the affidavit
(form GEN 4) amounts to referential incorporation and makes the
statement on the declaration of assets and liabilities part and parcel
of the affidavit. Referential incorporation is a drafting tool used to
incorporate a document into the contents of another document by
referring to it. This is commonly used when drafting legislation and
contracts so as to avoid voluminous documents. The learned author
of Statutory Interpretation (1992) 2nd Edition at page 522 puts it
thus:
It is a common device of legislative drafters to incorporate earlier
statutory provisions by reference, rather than setting out similar
provisions in full. This saves space, and also attracts the case law and
other learning attached to the earlier provisions. Its main advantage is a
parliamentary one however, since it shortens Bills and cuts down the
area for debate.
J22
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