i.
ii.
iii.
iv.
A declaration that the failure by the Commission to publish the
statutory declaration of assets and liabilities for President Hakainde
Hichilerna in the 2021 general Election contravenes the Constitution
and is illegal;
Statutory declaration of assets and liabilities for President Hakainde
Hichilerna as filed in the 2021 General Election nomination process;
(sic)
An order that costs for the Petition be borne by the 1st Respondent to
this cause; and
Any other reliefs the Court may deem necessary.
PETITIONER’S CASE
[2] The
Petition
states that following the
passing of the
Constitution of Zambia (Amendment) Act No. 2 of 2016 (the
Constitution), the Electoral Process Act No. 35 of 2016 was enacted
prescribing for the statutory declaration of candidate's assets and
liabilities.
[3] It is further stated that on 9th August, 2016, the 2nd
Respondent issued the Electoral Process (General) Regulations
Statutory Instrument No. 63 of 2016 containing the statutory
declaration of assets and liabilities form referred to as GEN 5 to be
completed by presidential candidates. That on 12th August, 2021
the general election was conducted without the 1st Respondent
publishing the statutory declaration of assets and liabilities for
presidential candidates.
[4]
On 20th September, 2021, the Petitioner wrote to the 1st
Respondent to release the statutory declaration of assets and
liabilities for
Mr.
Hakainde
Hichilerna who was elected
Republican President in the general election.
J3
as
The Petitioner
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