Lundazi Central losing independent candidate Bizwayo Nkunika has asked the Constitutional Court to declare the parliamentary seat vacant, alleging that the current Independent member of parliament, Lawrence Nyirenda, does not hold a full Grade 12 certificate.
Nkunika has cited Nyirenda and the Electoral Commission of Zambia (ECZ) as first and second respondents respectively.
In a petition filed in the Constitutional Court, Nkunika stated that he was a candidate in the Lundazi Central constituency during 2016 general elections, while Nyirenda was the sitting member of parliament for the constituency.
But he alleged that Nyirenda did not meet the minimum academic qualifications as prescribed under article 70 of the Republican Constitution because he did not hold a Grade 12 certificate.
Nkunika claimed that ECZ contravened the said article when it allowed Nyirenda to contest the Lundazi Central seat without meeting the minimum qualifications.
He further stated that the ECZ had continued to contravene the said provision by not taking the appropriate actions against Nyirenda, adding that it was aware that he did not submit a Grade 12 certificate as constitutionally required and as per it’s own provisional clearance.
“Arising from this, the petitioner wants the Constitutional Court to order that Nyirenda and ECZ have continued to contravene article 70 and 72 of the Constitution,” read the petition.
He further wants the court to declare the seat vacant and that the ECZ should hold elections within 90 days.