THE Attorney General has told the Constitutional Court that the state does not have an obligation to publish the statutory declaration of presidential candidates’ assets.
This is a matter in which Patriots for Economic Progress leader Sean Tembo petitioned the Constitutional Court over ECZ’s failure to publish assets declared by President Hakainde Hichilema when he filed in nominations prior to the August 12 polls.
Tembo cited ECZ and the Attorney General as first and second respondents in the matter respectively.
According to the answer filed, the Attorney General argued that the state did not have an obligation to publish the statutory declaration of presidential candidates’ assets and liabilities.
He stated that the provisions of Article 52(3) of the constitution section 30(1)(c) of the Electoral Process Act no.35 of 2016 and Regulations 20(2) of the Electoral Process (General) Regulations, 2016, do not place a mandatory responsibility on the Attorney General to publish the presidential candidates’ statutory declaration of assets and liabilities and is therefore not in breach of the Constitution.
The Attorney General stated that the omission to publish the statutory declaration of the candidates’ assets and liabilities does not contravene the Constitution.
He argued that Tembo was not entitled to the reliefs prayed for or at all.
In this matter, Tembo is seeking a declaration that the failure by ECZ to publish the statutory declaration of assets and liabilities for the Head of State in the August elections contravenes the constitution and is illegal.
He is further seeking a declaration that ECZ discloses the assets declared by President Hichilema when filing in his nomination papers.