Civil servants wishing to contest must resign
Civil Servants that wish to contest for any electoral position must resign by 30th November 2020. The party will respect government guidelines” PF Secretary General Davies Mwila
The guidelines to bar civil servants wishing to contest in 2021 may backfire on PF itself.
“As there is no legal obligation by civil servants to resign until they file nominations as candidates”
The guidelines from both the Secretary to Cabinet, Dr. Simon Miti and ruling Patriotic Front Secretary General Davies Mwila, that civil servants and other public officers interested in participating in the 2021 general elections must resign by 30th November 2020, will benefit those standing on tickets other than Patriotic Front.
The Constitution, the Electoral Act and Electoral Code of Conduct state that a civil servant or public officer shall resign before filing of nominations, which is months away from 30th November 2020.
So there is no legal obligation by civil servants or public officers wishing to contest elective positions in 2021 to abide by the 30th November 2020 illegal guidelines.
Below are the provisions of the Constitution on the matter;
Participation in Politics
(1) A public officer who seeks election, or is appointed,
to a State office shall resign.
(2) Clause (1) applies to a Constitutional office holder.