Governance activist Isaac Mwanza has clarified that a candidate in an election cannot withdraw after the close of nominations.
In a statement on Saturday, Mwanza explained that withdrawal is only possible between the filing of the nomination and before the close of nominations.
He said Section 31(2) of the Electoral Process Act is very clear and instructive on when a withdrawal can take place. Section 31(2) states:
“31. (2) A nomination submitted under subsection (1) may be withdrawn at any time, before the expiry of the period appointed for lodging nomination papers in respect of the constituency concerned, if the candidate delivers to the returning officer a written notice to that effect.”
He added that resignation would cause a candidate to fall off only when one resigns from a party.
Mwanza noted that the matter was clearly addressed under the 2022 GEARS Initiative versus the Attorney General in a Constitutional Court judgment when candidates in Kabushi and Kwacha constituencies had purportedly resigned from the race.
“The Court was actually very clear that independent candidates cannot be said to resign under Article 52(6) because they do not belong to a political party,” he said.
He said the effect of that judgment remains the same even after the Constitution was amended, and ECZ is only required to implement the law as was stated by the Court.
“This means that independent candidates who have purportedly resigned would still be on the ballot and may be elected or receive votes,” he said.
