[7] The Petitioner submitted that since Article 52 (3) mandates
the 1st Respondent to publish the information in the nomination
paper and affidavit filed by candidates, this extends to the
declaration of assets and liabilities. He argued that Article 52 (3) is
couched in mandatory terms and thus the 1st Respondent is
mandated to make known to the public the contents of the
statutory declaration since it is attached to the affidavit. The
Petitioner made reference to paragraph 8 of the affidavit, form GEN
4, of the Electoral Process (General) Regulations, 2016 to augment
his position. Reference was also made to Webster's New World Law
Dictionary which defines "publish" as "to make generally known to
the public; to make known to people who might or would not have
known without the person having so acted."
[8] The Petitioner contended that publishing declared assets and
liabilities of candidates enhances transparency, accountability and
good governance. Further, that it also helps in preventing abuse of
power,
illicit enrichment from public resources and reduces
corruption. Armed with such information, the public can verify or
challenge the nomination of a candidate based on Article 52 (4)
from an informed position.
[9] The Petitioner further urged this Court, based on Article 267,
to interpret Article 52 (3) on publishing, in line with Article 20 of
the bill of rights which recognises every citizen's right to
information. The Petitioner argued that every citizen of Zambia is
entitled to the information touching on the assets and liabilities of
J5
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