A LAWYER has petitioned the Constitutional Court, seeking an order that the Registrar of Societies deregisters all political parties which have not practiced democracy through regular free and fair elections within their parties from 2016 to date.

Benjamin Mwelwa, has submitted that since January 4, 2017, all the political parties in Zambia, having failed to practice democracy through regular free and fair elections as opposed to appointments within their respective parties ceased to exist.

He stated that despite all the political parties in Zambia having ceased to exist as political parties, the Attorney General had failed or neglected to advise the Registrar of Societies to deregister them as political parties.

Mwelwa has cited the Attorney General and the Electoral Commission of Zambia as the respondents in the matter.

He is now seeking an order and declaration that such political parties had breached Article 60(2)(d) of the Constitution of Zambia (Amendment) Act no. 2 of 2016 and therefore such a political party ceased to exist as a political party in Zambia on January 4, 2017.

Mwelwa also wants an order and declaration that the ECZ, having allowed the political parties which have ceased to exist to participate in the elections conducted since January 4, 2017 is not only illegal but unconstitutional as such acts are in violation of Article 60(2)(d) of the Constitution (Amendment) Act no.2 of 2016 and section 18(1) and (2) of the Constitution Act no.1 of 2016.

He wants an order that the Registrar of Societies deregisters all political parties for having ceased to exist as political parties in Zambia on January 4, 2017 and since violated article 60(2)(d) of the Constitution of Zambia (Amendment) Act no.2 of 2016 and section 18(1) and (2) Act no.1 of 2016.

Mwelwa also wants an order that ECZ should not allow the political parties which have ceased to exist to continue to participate in future elections, as such acts will be in violation of Article 60(2)(d) of the Constitution of Zambia (Amendment) Act no. 2 of 2016 and section 18(1) and (2) Act no.1 of 2016.

In his petition filed in the Constitutional Court, Monday, Mwelwa stated that the amended Constitutions of 2015 and 2016 required all political parties to promote and practice democracy through regular, free and fair elections within their parties.

He added that the said elections for all political parties in Zambia were to be conducted within 12 months from January 5, 2016 to January 4, 2017.

Mwelwa stated that the political parties’ constitutions should be tuned to be in line with the Constitution of Zambia amendment no.2 of 2016.

He added that there had been no political party’s president and secretary general in Zambia who had ever been elected since January 5, 2016 to January 4, 2017, in compliance with the amended Constitutions.

“Your petitioner shall aver at trial that in fact it has become a norm in all political parties in Zambia for the political parties’ presidents to appoint the secretary generals and others to their positions. Your petitioner shall aver at trial that the political parties’ presidents continuing to be appointing secretary generals and others to their positions is unconstitutional,” stated Mwelwa.

“Your petitioner shall aver at trial that the ECZ has conducted many elections and has allowed the political parties which have ceased to exist to participate in those elections.”