By TCD CORNER.
Opinion: CAN WIPER PARTY CONDUCT INDIRECT NOMINATION? LEGAL ANALYSIS OF THE TODAY’S CASE:
From the social media, we have seen how critics are making all kind of assertions that the wiper party will issue the certificate to Dr Malombe through indirect nomination method.
Take notice that the wiper party is conspiring with Dr malombe to bring delegates within the 72hrs ultimatum given by the court to conduct nomination.
The intention of the party is to ensure malombe brings his people so that they can only vote for them.(Our intelligence has informed us the monkey business happening in wiper house)
However let us look chronologically if it is possible for the wiper party to conduct nomination via direct method legally;
According to section 38G of the Political Party Act states that any political party that intends to conduct indirect party nominations shall;
2.submit the list of delegates to the registrar at least 7 days before the date of the party nominations
3.Specify the date and venue of the delegates meeting
4.Specify the polling process used for the delegates during nominations
5.Specify the body within the party that shall conduct the interview of potential candidates……Amongst other requirements.
From the above mandatory requirements, its absolutely impossible for the wiper party to conduct indirect nomination as they are purporting to do.
From our ruling today, particularly on paragraph 64 of the judgement, the court has made it clear by directing the wiper party to conduct fresh party nominations in accordance with the constitution, the Political Parties Act and the party election nomination procedure and Rules. Citing the Political Party Act requirements, its impossible for the 7 days notice hence the party can’t do indirect nomination.
Therefore from the above the wiper party can only conduct Direct Nomination .Any other funny monkey business will be met with the wrath of the law. Therefore wiper should not be coerced to conduct indirect nomination as advised by cartels of Dr Malombe.If wiper dares indirect nomination and issues certificate to Dr Malombe, the court will punish the party for ignoring its directives.
Wiper secretly asks Malombe to ferry party delegates to BOMas on Sunday to nominate him in contravention of the Court ruling.