Facts:
Sean Tembo, the petitioner, in his capacity as party president of the Patriots for Economic Progress, filed a petition against the Electoral Commission of Zambia (ECZ) and the Attorney General. Tembo argued that the ECZ failed to publish the statutory declaration of assets and liabilities for President Hakainde Hichilema during the 2021 general election, thereby contravening Article 52(3) of the Zambian Constitution.
Issue:
Whether the failure to publish the declared assets and liabilities of President Hakainde Hichilema by the ECZ contravened Article 52(3) of the Zambian Constitution.
Whether the Court can order the ECZ to publish the information in the absence of prescribed legislation.
Rule:
Article 52(3) of the Zambian Constitution requires the publication of information contained in a candidate's nomination paper and affidavit, as prescribed by law. The interpretation of "prescribed" is key, as it indicates that such publication must be done pursuant to an Act of Parliament or regulations.
Analysis:
The Court examined the requirements under Article 52(3) and noted that while the Constitution mandates the publication of candidates' information, including assets and liabilities, this requirement is subject to prescription by an Act of Parliament or regulations. The Court found that there were no legislative or regulatory provisions mandating the publication of presidential candidates' declarations of assets and liabilities. The lack of such provisions means that the ECZ could not be held in contravention of the Constitution for not publishing the information. The petitioner failed to prove that the ECZ breached the Constitution.
Conclusion:
The Court concluded that the petition lacked merit as the constitutional requirement for publication was not given effect by the necessary legislative or regulatory provisions. Consequently, the petition was dismissed.