‘Presidential eligibility has nothing to do with Registrar of Societies’

By MUBITA KATETE 

CLAIMS that only political party presidents listed with the Registrar of Societies are eligible to contest the presidency are not only misleading but meant to conjure illegal constitutional narrative with the aim of using the ElectotoalCommission of Zambia to unjustly disqualify presidential candidates, Yotam Mtayachalo has said.

In a statement yesterday, Mr Mtayachalo, the Patriotic Front Chama North Member of Parliament has described the assertions by some lawyers and an opposition leader as “highly misleading” and unsupported by the Constitution.

“There is currently no law which suggests that only a party president whose name is listed with the Registrar of Societies is eligible to stand as Republican President,” he said. “Such statements are not factual and risk misleading the nation.”

Mr Mtayachalo emphasised that the country’s constitutional provisions are clear, pointing specifically to Article 100 of the amended 2016 Constitution as the sole authority on qualifications and disqualifications for presidential candidates.

“Article 100 is very explicit. Any attempt to introduce conditions outside what is provided for in the Constitution is unconstitutional and must be treated as null and void,” he said.

He also criticised legal practitioners who, he argued, should guide public understanding of the law rather than distort it.

“It is most unfortunate that individuals expected to provide legal clarity can instead choose to mislead citizens for reasons best known to themselves,” Mr Mtayachalo said.

To support his position, Mr Mtayachalo cited historical precedents, referencing the late former presidents Levy Mwanawasa and Rupiah Banda.

He noted that both were adopted as presidential candidates by their party structures despite not being party presidents at the time.

“In both instances, the Electoral Commission of Zambia accepted their nominations. Unless the law has changed which it has not these examples remain valid,” he said.

Mr Mtayachalo also aligned himself with remarks made by Independent Nkana Member of Parliament Binwell Mpundu, who has dismissed ongoing debates about eligibility as unnecessary.

“This debate is a sheer waste of time. The Constitution is clear and instructive,” he said.

Mr Mtayachalo also defended Brian Mundubile against claims that he is ineligible to contest the presidency due to not being a party president.

“To suggest that Mr Brian Mundubile is not eligible on that basis should be dismissed with the contempt it deserves, as long as he meets the constitutional requirements outlined in Article 100,” he said.