Article 52 of the Constitution of Zambia
| Long title | Nomination of candidates for election |
|---|---|
| Citation | Constitution of Zambia (Amendment) Act No. 2 of 2016 |
| Enacted by | National Assembly of Zambia |
| Territorial extent | Zambia |
| Commenced | |
| Status | In force |
Article 52 of the Constitution of Zambia outlines the procedures governing the nomination of candidates for elections, including presidential, parliamentary, and local government positions. Enacted under the Constitution of Zambia (Amendment) Act No. 2 of 2016, it aims to ensure transparency, eligibility, and integrity in the nomination process.
Provisions
Article 52 addresses the following:
- Nomination Procedures: The Electoral Commission of Zambia (ECZ) is mandated to set dates and guidelines for nominations. Candidates are required to submit their nomination papers in accordance with these provisions.
- Publication of Information: The ECZ must publish the full names, parties, assets, liabilities, and other declarations made by the candidates.
- Objections and Challenges: Any citizen may lodge an objection to a nomination. Courts are required to determine the objection within seven days of filing.
- Final List of Candidates: The ECZ must publish the final list of eligible candidates after all challenges are resolved.
Clause 6 – Cancellation and Fresh Nominations
One of the most debated sections is Clause 6, which states:
If a candidate dies, withdraws, or is disqualified after the close of nominations and before the election, the ECZ shall cancel the election and call for fresh nominations and an election within 30 days.
This clause has caused controversy due to its practical and political implications. For example, in January 2022, the ECZ cancelled the Kabwata Parliamentary by-election after a candidate withdrew, invoking Article 52(6).[1]
Criticism and Calls for Reform
Legal experts, civil society groups, and political stakeholders have criticised Clause 6 for the following reasons:
- It increases the cost of running elections.
- It creates a loophole that can be exploited for political gain.
- It disrupts the electoral calendar unnecessarily.
In response, the ECZ has acknowledged these concerns and assigned the Electoral Reform Technical Committee (ERTC) to review the clause and propose amendments.[2]
