section 30 (l)(c) of the Electoral Process Act and Regulations 20
(2) of the Electoral Process (General) Regulations, 2016 do not
place a mandatory responsibility on the 2nd Respondent to publish
the presidential candidates' statutory declaration of assets and
liabilities and is therefore not in breach of the Constitution.
Further, that an omission to publish statutory declarations of the
candidates'
assets
and
liabilities
did
not
contravene
the
Constitution. Accordingly, that the Petitioner is not entitled to the
reliefs sought.
[27] The 2nd Respondent's affidavit in support of the Answer was
deposed to by Mr. Josiah Simachela, the Chief State Advocate, who
reiterated what was outlined in the Answer.
[28] In the skeleton arguments, the 2"dRespondent submitted that
the 1st Respondent had not breached the Constitution because it is
not mandated to publish the information in the nomination papers
and affidavits of presidential candidates.
[29] It was the 2nd Respondent's position that it was not in
contention that the publication of the relevant information about a
candidate
enhances
transparency,
accountability
and
good
governance but that in this matter, Article 52 (3) provides that the
information in the nomination paper and affidavit should be
published as prescribed. That the word "prescribed" was defined in
the Interpretation and General Provisions Act Chapter 2 of the Laws
of Zambia as made under the written law.
J12
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