Independent candidates free to file nominations while belonging to political parties - ConCourt

BY CHIKUMBI KATEBE

THERE is no directive that bars independent candidates for parliamentary seats, mayors or council chairperson from filling in nominations while they belonged to political parties, the Constitutional Court has ruled.

This is contained in a judgment delivered by the Constitutional Court, which found that belonging to a political party does not bar independent members from contesting as electoral candidatures in an election.

Delivering the judgment on behalf of a full bench of nine Constitutional Court Judges, Lady Justice Pixie Yangailo said there was no mention of non-membership being fulfilled at the point of nomination, as independent candidates in parliamentary, mayoral, council chairpersons or councillors held the right to file in nominations even when they belonged to political parties.

The Consortium of Civil Society Organisations for Good Governance and Constitutionalism represented by chairperson Isaac Mwanza had petitioned the Constitutional Court for a proper interpretation of Article 51(a) in relation to the nomination of independent Members of Parliament and council chairpersons who belonged to political parties.

Judge Yangailo ruled that the main provision that the applicants sought for the interpretation of is Article 51(a) provides that “a person is eligible for election as an independent candidate for a National Assembly seat if the person: (a ) was not a member of a political party and has not been a member of that political party for at least two months immediately before the date of the election”.

“This provision lays down for constitutional requirements for persons who wants to participate in an election,” Judge Yangayilo said.

She explained that the constitution provided clear guidance on how it must be interpreted, in Article 267 (1) that “this constitution shall be interpreted in accordance with the bill of rights, and in the manner that promoted its purposes, values and principles, and permits the development of the law as well as contributes to good governance”.

She explained that Article 267 of the constitution required the application to be purposive interpretation for the court not to read a constitutional text, literally, as it risks missing the spirit and purpose of the provision in the question.

Judge Yangailo adjudged that no one provision of the Constitution was to be considered alone, but that all provisions bearing on the same subjects were brought into view and interpreted so as to give the greater purpose of the instrument.

She said the provision Art 51(a ) provides that ‘a person is eligible to stand as an independent candidate for a National Assembly seat of a person,  is not a member of the political party and has not been a member for at least two months before the date of elections.