Court told ECZ has no mandate over party primaries

Court told ECZ has no mandate over party primaries

Zambia’s electoral body does not regulate political parties or supervise how they select candidates, the Constitutional Court has heard.

Chief Electoral Officer, Brown Kasaro, told the Constitutional Court of Zambia that the Electoral Commission of Zambia (ECZ) operates strictly within the confines of electoral law and has no authority over internal party processes such as primary elections.

Mr Kasaro was responding to a petition filed by Chapter One Foundation, which is seeking judicial clarity on whether constitutional provisions on fair and equitable representation under Article 259 extend to the nomination of candidates for parliamentary and local government elections.

In his submissions, Mr Kasaro said matters relating to candidate selection fall outside the ECZ’s constitutional and statutory mandate. He emphasised that the commission’s role is guided by existing legal frameworks, including the Constitution of Zambia (Amendment) Act No. 2 of 2016 and the Electoral Process Act No. 35 of 2016.

“The issues raised herein do not affect the respondent and are unrelated to the discharge of its constitutional and statutory duties,” Mr Kasaro submitted.

He further argued that Article 259 does not apply to the nomination of candidates for elective positions such as Members of Parliament and councillors. According to the ECZ, the implementation of electoral processes under its jurisdiction is not envisaged within the scope of that provision.

Mr Kasaro maintained that the regulation of political parties, including how they conduct their primary elections, is not within the commission’s remit. Instead, he noted that the realisation of Article 60 which governs political parties largely depends on the willingness of the parties themselves to adhere to constitutional principles.

However, he acknowledged that the Constitutional Court retains inherent jurisdiction to interpret provisions of the Constitution.

The petition by Chapter One Foundation seeks a definitive ruling on whether principles of equitable representation should be binding in the adoption of candidates at constituency and ward level, a decision that could have implications for internal party democracy ahead of future elections.

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