The Zambian Civil Liberties Union says it finds nothing wrong with the decision by the Electoral Commission of Zambia -ECZ- to announce the holding of by-elections in Kawambwa consistency.
This follows concerns raised by various political players that the ECZ is in defiance of the law by going ahead with by-elections in Kawambwa when there is a stay on elections in the constituency.
But organization Executive Director Isaac Mwanza tells Phoenix News the ECZ followed the constitution under article 72 which clearly states that when a member of parliament is serving a sentence of imprisonment, their seat becomes vacant and that an appeal against the conviction does not quash the sentence.
Mr. Mwanza says Mr. Chilangwa has not only been convicted but has been sentenced and is serving a sentence of imprisonment and that by virtue of serving the sentence, his seat becomes vacant.
He explains that the fact remains that Mr. Chilangwa is serving a term of imprisonment until the court itself decides that the conviction and sentencing was wrong, further stating that the court is bound by the constitution of Zambia and cannot suspend its provisions.
The electoral commission of Zambia has set December 20, 2024 as the date for the Kawambwa parliamentary by-election following the conviction of incumbent MP Nickson Chilangwa by the courts of law.
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