The Law Association of Zambia (LAZ) has clarified that the Constitution does not allow any individual or state institution, including the Electoral Commission of Zambia, to change or cancel the date of a general election.
Responding to President Hakainde Hichilema’s remarks in Parliament, where he expressed concerns that constitutional gaps could lead to elections being held every eight or nine years, LAZ acknowledged potential weaknesses in the Constitution of Zambia (Amendment) Act No. 2 of 2016. However, LAZ emphasized that the general election date is fixed and unchangeable.
LAZ president Lungisani Zulu pointed to Article 56(1), which mandates that general elections must occur on the second Thursday of August every five years. Zulu explained that enshrining the election date in the Constitution ensures that citizens’ right to vote is exercised on a predetermined date.
He also cited Article 52(6), which allows the Electoral Commission to cancel an election if a candidate dies, resigns, or is disqualified, but noted that this provision does not affect the date of the general election. While this rule might support the President’s concerns about potential delays, it does not apply to general elections.
Zulu stressed that the Constitution defines a “general election” as Presidential, National Assembly, and Local Government elections held simultaneously, and only an “election” can be canceled under specific circumstances, not the general election. He urged strict adherence to the Constitution to safeguard democracy and reaffirmed that any uncertainties should be settled by the courts.
Source: Mwebantu
