16TH DECEMBER 2014
Madam Lombe Chibesakunda
Acting Chief Justice
Supreme Court of Zambia
NOMINATION OF PRESIDENTIAL CANDIDATE
We refer to a letter written by Dr. Guy Lindsay Scott, dated 16th December 2014 purporting to give directives that PF presidential nominations should be deferred or suspended until a purported legal processes are resolved.
First of all, pursuant to Article 76 of the Zambian Constitution which establishes the Electoral Commission of Zambia (ECZ), the Commission is independent and autonomous.
Your Office as Returning Officer of this Independent Electoral Commission of Zambia, can not, will not and must not be receivinginstructions or directives from anyone else other than the Electoral Commission.
As a party, the Patriotic Front conducted democratic elections pursuant to our the party constitution under Article 46,47 and 52 and elected Hon. Edgar Chagwa Lungu as Party President and consequently Presidential Candidate for the forthcoming presidential by-election to be held on the 20th January 2015.
As Party President neither, the Central Committee nor myself were consulted by my Vice-President, Dr. Guy Scott before this letter could be written to yourself.
Therefore the letter written to yourself must be ignored in totality as it has no authority or blessing of the President, or the Central Committee and can best be described as an act of gross indiscipline.
As far as we are concerned, the Lusaka High Court has got before it, a Consent Judgment dated 3rd of December 2014 which remains, still valid and subsisting.
The Consent Judgment declared that:
- That the Election of Hon. Edgar Lungu as Party President at the Extra-Ordinary General Conference held on 30th November 2014 and was confirmed that Hon. Lungu was declared President of the PF Party and sole presidential Candidate of the Patriotic Front.
- The purported General Conference held on the 1st December 2014 at which Miles Sampa was purportedly elected as another Party President was declared illegal, null and void and all decisions made therefrom were quashed.
- That the said General Conference was barred by an Order of Injunction that was granted on 1st December 2014 and barred themselves, agents, candidates, superiors, or subordinates were restrained in perpetuity from purporting to have elected a party president.
This Consent Judgment has not been set aside, and has not been appealed against and therefore remains valid and binding.
Clearly by this action alone, Dr. Scott would have been cited for contempt of court save for Article 43 which provides him with legal immunity during the time he is acting as President of the Republic of Zambia.
We wish to state that there is no court process and no court order to bar the Patriotic Front Presidential Candidate from filing its nominations before your good self as agreed by the Electoral Commission of Zambia.
Hon. Edgar C. Lungu
CC; Justice Irene Mambilima
Electoral Commission of Zambia