LOSING Lundazi Central independent parliamentary candidate in the 2016 general elections Bizwayo Nkunika has petitioned the Constitutional Court to declare the seat held by Lawrence Nyirenda vacant because he does not hold a grade 12 certificate.
According to a petition filed in the Constitutional Court registry, Colonel Nkunika wants the court to order the Electoral Commission of Zambia to hold elections within 90 days.
He has cited Lundazi Independent member of parliament Nyirenda and the ECZ.
He further wants the court to order that the respondents contravened and have continued to contravene Articles 70 (1) (d) and 72 ( 2) (b) of the Constitution of Zambia.
Col Nkunika has alleged that Nyirenda does not meet the minimum academic qualifications as prescribed under Article 70 (1) (d) of the Constitution because he allegedly does not hold a minimum of grade 12 certificate.
He states that Nyirenda has contravened and has continued to contravene the provisions of the law by holding office as member of parliament when he does not hold a minimum academic qualification as prescribed.
The petitioner added that the ECZ contravened Article 70 (1) (d) of the Constitution of Zambia by allowing Nyirenda to contest the Lundazi Central Constituency seat without meeting the minimum academic qualifications as prescribed by the law.
Nkunika stated that ECZ had continued to contravene the law by not taking the appropriate action against Nyirenda, who they are aware did not submit a grade 12 certificate as constitutionally required and as per its own provisional clearness.
“The 1st respondent is holding office as member of parliament for Lundazi Central Constituency contrary to Article 72 (2) (b) Chapter 1 of the Laws of Zambia while the 2nd respondent has continued to allow the 1st respondent to continue as member of parliament contrary to Article 72 ( 2) (b) of Chapter 1 of the Laws of Zambia,” submitted Col Nkunika.