Court to do something about it. Thus relief number (4) is an opportunity to
act accordingly.
[83] In my considered view, section 30 (1) (c) of the Act which provides
only that a presidential candidate shall deliver to the Returning Officer the
prescribed statutory declaration of the candidate’s assets and liabilities
and says nothing about publishing is incomplete. The Electoral Process
(General) Regulations Statutory Instrument No. 63 of 2016 (henceforth
“the Regulations”) in Regulations 20 (2) and 22 which provide for the
publication and inspection of nomination papers filed at constituency,
district and ward levels and not the presidential level are equally remiss.
[84] That the omissions are to some extent due to the choices made by
the Respondents is evident from a perusal of the contents of the Electoral
Commission Bill No. 20 of 2016 and the Report on the Electoral Process
Bill No. 35 of 2016 as well as the related Parliamentary Debates of 10th
December 2015 and 11lh May, 2016, of which I take judicial notice.
[85] Further, it is well understood that the 1st and 2nd Respondents as the
Electoral Commission of Zambia and the Attorney General of the Republic
of Zambia respectively, play a key role in the process of enacting
legislation giving effect to Article 52(3). The Electoral Commission of
Zambia, is created in Article 229 with the mandate inter alia, to implement
the electoral process and to conduct elections. Article 52 (3) directs the
J34
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