Electoral Commission in so many words to publish the required
information. The Preamble to the Act states that, it is an Act to inter alia,
empower the Commission to make regulations in election matters. The
office of the Attorney General of the Republic of Zambia, is created under
Article 177 of the Constitution. The Attorney General is the chief legal
adviser to the Government and signs Government Bills to be presented to
the National Assembly.
[86] It follows that, because of who they are and the role that they perform,
in the legislative process in issue, a question arises as to why the
Respondents should not be held accountable for their failure to initiate and
pursue the enactment of the provision required by Article 52(3) as they
played their part in the process of enacting the Act and formulating the
Regulations.
[87] The point is fortified by the 2nd Respondent conceding, as a
constitutional functionary ought to, that the process of enacting the
legislative provision
in issue was not attended to and that the
Respondents will work together to initiate the process. Given all of the
above,
I am convinced, that the Respondents must bear some
responsibility for the omission of the prescription required by Article 52(3).
Although, no ordinary statute maybe broken, the Constitution has certainly
been contravened by the advertent omission on the part of the
J35
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