CHAPTER One Foundation has commenced constitutional proceedings against the Electoral Commission of Zambia (ECZ), seeking clarification on whether Article 259 and related constitutional provisions on fair and equitable representation apply to the nomination of candidates for parliamentary and local government elections. Article 259 on nominations and appointments provides, in part, that: Where a person is empowered to make a nomination or an appointment to a public office, that person shall ensure – a. that the person being nominated or appointed has the requisite qualifications to discharge the functions of the office; b. that fifty percent of each gender is nominated or appointed from the total available positions, unless it is not practicable to do so; and c. equitable representation of...

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