Zambian prisoners not allowed to vote

File picture: Timothy A Clary / AFP.

File picture: Timothy A Clary / AFP.

Published Jul 22, 2016

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Gaborone - The Zambian government says none of the prisoners currently held in correctional facilities across the country will vote in the general elections set for August 11 because they were not covered by the voter registration exercise, which ended in February.

The declaration is contained in an opposing affidavit submitted by the Attorney-General’s office in response to a Constitutional Court challenge from the Zambia Prisons Care and Counselling Association (PRISCCA).

PRISCCA director Geoffery Malembeka approached the court to seek an order to compel the AG’s Office and Electoral Commission of Zambia (ECZ) to ensure that prisoners exercised their right to vote in the upcoming polls.

In his submission, Malembeka said because one remained innocent until proven given guilty in terms of Zambian law, all pre-trial and remand prisoners should vote in terms of Article 46 of the Constitution, which allows all eligible citizens to vote.

He pleaded with the court to order the Ministry of Home Affairs to issue identity cards to all prisoners who are eligible to vote. Malembeka also sought an order to compel the ECZ to conduct a timed voter registration programme to ensure that all prisoners who were eligible exercised their right to vote.

In his opposing affidavit, Senior State Advocate at the AG’s office, Murah Kapamba, conceded that the rights of the prisoners had been violated. The AG’s Office said the prisoners could only vote in the 2020 elections because the issuing of registration cards could not be done before the August 2016 elections.

Additionally, the AG noted that voter registration and pre-election verification were lengthy processes which required much more time than the few weeks left to the next election. ECZ’s director of elections, Chomba Chella, submitted that even with a favourable court order, allowing the prisoners to vote would be a violation of the law as none were registered voters.

Further, the electoral commission argued that no polling stations had been set up in correctional facilities. The Constitutional Court is expected to hold hearings on the matter ahead of the elections. Eight political parties will take part in the tightly contested presidential, parliamentary, referendum and local government poll.

However, the main contest is expected to take place between President Edgar Lungu’s governing Patriotic Front (PF) party and the main opposition United Party for National Development (UPND) of leading presidential contender Hakainde Hichilema.

African News Agency

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