A1 Refereed original research article in a scientific journal
The Right to Run for Election in Zambia: A Preserve of the "Educated" Class?
Authors: Phiri Christopher
Publisher: CAMBRIDGE UNIV PRESS
Publication year: 2022
Journal: Journal of African Law
Journal acronym: J AFR LAW
Article number: PII S0021855322000183
Number of pages: 20
ISSN: 0021-8553
eISSN: 1464-3731
DOI: https://doi.org/10.1017/S0021855322000183
Web address : https://www.cambridge.org/core/journals/journal-of-african-law/article/right-to-run-for-election-in-zambia-a-preserve-of-the-educated-class/8F35BAF70D0881C1A0308222368C2974
Self-archived copy’s web address: https://research.utu.fi/converis/portal/detail/Publication/176007280
The 2016 amendments to the Constitution of Zambia 1991 have transformed Zambia's constitutional order in many respects. Among other transformative provisions, the Constitution now requires everyone seeking elective public office to have, as a minimum qualification, a grade twelve certificate or its equivalent. This article examines the rationale for this requirement, as judicially interpreted, through the lens of the right to run for election. The article's core argument is twofold. First, that the requirement is an unwarranted restriction on the right to run for election and cannot be justified when considered in its relevant context. Secondly, that the Constitutional Court of Zambia's recent interpretation of the requirement further limits the right to run for election and in turn narrows the field of candidates from which voters may choose, potentially depriving the country of resourceful political leadership. The article concludes with a call for reform.
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