outlined the provisions of Article 52 (3) of the Constitution, section
30 (1) (c) of the Electoral Process Act and regulations 11 (6) and
20 (2) of the Electoral Process (General) Regulations, 2016 as the
provisions of interest. The Petitioner averred that it is mandatory
for the 1st Respondent to publish a presidential candidate's
statutory declaration of assets and liabilities and the failure to do so
is a breach of the Constitution, hence the reliefs sought.
[5] The Petitioner in his affidavit verifying facts essentially
repeated the contents of the Petition. The Petitioner further stated
that he officially requested the 1st Respondent to release the
statutory declaration of the assets and liabilities for President
Hakainde Hichilerna as per exhibited letter marked "SET1" but that
the 1st Respondent has not published it.
[6] In skeleton arguments in support of the Petition dated 2nd
November, 2021, the Petitioner argued that during the nomination
process, candidates are required to file a nomination paper and an
affidavit showing that they qualify to vie for office in accordance
with Article 52 (1) as read together with Article 100 of the
Constitution. The nomination paper and the affidavit take the form
prescribed in the Electoral Process (General) Regulations, 2016.
Further, that part of the information required in the affidavit is an
attachment of the statutory declaration of assets and liabilities of
candidates.
J4
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