THE UPND has applied to join a case where a lawyer has petitioned the Constitutional Court seeking an order that the Registrar of Societies de-registers all political parties which have not practiced democracy through regular, free and fair elections within their parties from 2016 to-date.

The opposition party wants to join as an interested party, saying the petition targets all political parties in Zambia, of which UPND is the main opposition party.

In this matter, Benjamin Mwelwa, an Advocate of the High Court, has petitioned the Constitutional Court seeking an order and declaration that any political party, which was registered and in existence as of January 5, 2016, and which has not promoted and practiced democracy through regular, free and fair elections, within its political party, has 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.

He wants an order that the Registrar of Societies de-registers 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 is also seeking an order that ECZ should not allow the political parties, which have ceased to exist to continue to participate in the future elections to be conducted 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.

He cited Attorney General Likando Kalaluka and the Electoral Commission of Zambia (ECZ) as the respondents in the matter.

However, Stephen Katuka, in his capacity as UPND secretary general, has now applied to join the case as an interested party.

He stated in his affidavit in support of summons for joinder as interested party, filed yesterday, that that he had sufficient interest in the proceedings to warrant him joinder.

Katuka argued that justice demanded that as an interested party, he should be joined to the proceedings and be heard on the matters for determining.

“I have read the petition and verifying affidavit in this matter and it is clear to me that it is targeted at all political parties in Zambia, of which the UPND is the main opposition, and as such, I have sufficient interest in the proceedings to warrant my joinder as an interested party,” read the affidavit.

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 regularly, 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,” Mwelwa stated.

He further stated that all the political parties in Zambia having failed to practice democracy through regular free and fair elections as apposed to appointments, within their respective parties, they ceased to exist as political parties.

“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,” stated Mwelwa.