THE UNIVERSITY OF ZAMBIA

UNZASU JUDICIARY
STUDENTS UNION
C/O The Dean of Students Afairs, Great East Rad Campus, P. o Box 32379, Lusaka.

IN THE UNZASU JUDICIARY 2022/TUJ/005

AT THE UNIVERSITY OF ZAMBIA MAIN CAMPU3

HOLDEN AT LUSAKA

(CIVIL JURISDICTION)

BETWEEN:
.

MARK LAMBA 1 PETITIONER

PELWA SIMFUKWE 2md PETITIONER

KENNEDY MPUNDU 3rd PETITIONER

AND

THE ELECTORAL COMMISSION RESPONDENI

CORAM: S. Muleya, CJ, M. Mwamba J., L. Nalwamba, J., P. Simukonde, J., S. Muntengwa

J.,

ABRIDGED JUDGENT

Muleya C.J., delivered the abridged judgment ofthe be on the 17th September, 2022.

Statutes referred to:

1. Makerere University Guild Constitution as Amended in 2016
2. The University of Zambia Guild Constitution

Cases refered to:

 1. Alex Nyirongo and Gift Chimbangu v The Elettoral Commission 2022/TUJ/004

2. The Union Executive v SRC 2022/TUJ/O01

1.0 INTRODUCTION
1.1 From the outset we must state that we opted for an abridged judgment for now

the names of the successful

because of the urgency of the matter. We cte
candidates have been verified and campaig1n period has opened. therefore, we must

treat this matter with urgency

12 The salient facts that have led to this Petition 3 .hat the petitioners successfully filed

in their nominations on various portfolios f tie forthcoming union elections.

However, their names were not on the final v.ified lists and the reason given is that

they are students on part-time therefore, not eligible to contest.

this petition. We
1.3 Dissatisfied with the foregoing decision, the Telitioners filed in
however, we have
must also state that the petitions were filed in separately
consolidated thein as they border on the same issue

14 We appreciate the arguments made by the Fet:tioners however, being an abridged

will not reproduce the arg ents. It must be noted that the
Judgment, we

Respondent waived their nght to make any submissions

2.0 DETERMINATIOON
2.1 The primary issue that anises for our determinxion is whether or not a student on

part time is eligible to stand in the Stud.nt Union Election. Tied to this,
whether or not the decision by the Respor.dent to exclude the petitioners from

constitutional.
the verified list of successfully nominated ezadidates is
2.2 The right to contest for Union Elections, suiject to additional requirements, is

granted to "full" members of the Union in accordance vith Article 10(1)6) of the

Guild Constitution.
2.3 Full members according to Article 8(2) shal! ba:

(a) be under-graduates, parallel students inid those pursuing Diplomas who

have been:

() Admitted for studies at the University of Zambia

(i) registered for the Academic Year orse'nester
(b) not include members of the University stuff, students on suspension, and
those expelled from the University of Zan:bia

1
 une
4The question that arises from the foregoing is whether or not a person on part
The Electoral
s& Alex Nyirongo and Gift Chimbangu v
member. In

Commission 2022/TUJ/004 we held that "whenever there is no

ambiguity' in tne
the natural and ordinary
meaning of a statute or indeed the Constitution itself,
the
meaning of the words used should convey tiie true intent of the oniginators of
that is, the literal meaning
Text h e canons of interpretation in Zambinare clear,
to absurdity
of the wording is the starting point and departed
from only when it leads

or a manifest injustice.
From
meaning to the term "full member.
In this case, the Constitution assigns a
2. on part-time
as
also includes students
our plain reading of the text, the provision
academic year. There is absolutely
nothing in the
long as they are registered for the The
to the Union.
from full membership
text that excludes students on part-time
election to associate
the righ: to contest for
constitution does not only confer

members contest
students on part-time are not denied the right to
2.6 In view of the above,
Constitution. Iiu terms of the rights conferred, the
for elections under the Guild
and ful-
Constitution does not discriminate iciveen part-time students
Guild
both are considered
full members of the Union.
time students as
candidate under the various
Presidential candidate or any other
2.7 Therefore, a

tostand. nothing under the

Additionally,
portfolios who is on part-time is eligible
Article 26 or elsewhere remotely suggests anything
additional requirements under
from standing as Presidential candidate.
that excludes part-time students
redundant, we wish to consider Article 72(e) of the Makerere
2.8 At the risk of being
Constitution as amended in 2016.
This provision in addition to
University Guild
one being a full member demands that a perscn siould not have any pending retakes
for their current year of study.

provision to demonstrate that the legislators would have included

2.9 We cite this
bar ca:didates who are retaking some courses.
additional academic requirements to
from the
Constitution which was incontrovertibly drawn
However, in our Guild
that bars part-time students or
Makerere Guild Constitution, there is no provision

any student retaking courses.

further fortified by a consideration of Article 9 of UNZASU
2.10 Our position is
the current Guild Constitution of 2018. For the position of
Constitution prior to
that the President needed to
President for example, article 96ii), it clearly provided
2
 be a full-time student resident on campus. However, in the current Ciuild

Constitution which took effect in 2018, no such provision exists. We cannot

therefore, limit the rights of full members of the Union in the absence of a provision

which provides so. We cannot, under the guise of liberal or purposive interpretation,
depart from the plain reading of the law
3.0 THE UNIVERSITY POLICY ARGUMENT
University Policies
3.1 It is trite law that the Union Constitution is subject to

and Regulations. Therefore, we will cor.sider whether or not allowing part-

time students to contest is at loggerhcads with the university's policies.
3.2 We take judicial notice of the notorious fact that full time and part-time
of
students are for all intents and purposes students of the University

Zambia. The major differences relate to the number of course that the two

take and that a part-time student, according to the room allocation policy, 1s

latter is often cited reason to

not entitled to accommodation. The as a

exclude student from participating as they are not entitled to

part-time
accommodation.
3.3 However, we do not see how the school's accommodation policy would bar
student from contesting. This is because while it is convenient
a part-time
for union leaders to be resident in sclool, lack of accommodation does not
bar one from serving anyways. In any case, having accommodation or being

entitled to a room is not a requirement to stand for executive office. The

only people who would be barred from serving by reason of not being
accommodated or not being entitled to it are those who seek to be Hostel

representatives who, per our judgnicnt in The Union Executive v SRC

2022/TUJ/001, must be accommodated.

3.4 Therefore, disqualifying a part-time student because they would not be or
are not entitled to accommodation amounts to an unjust denial of the rights
of members of the Union provided for under article 10 of the Guild

Constitution. For avoidance of doub, we are of the view that the

accommodation policy cannot be used to bar students on part-time.

3.5 In view of the foregoing, we hold that there is no policy in the University
that bars part-time students
 4.0 ORDERS AND DIRECTIONS
4.1 Student on part-time according to the CGuild Constitution are eligible to stand
for union elections.
4.2 The Electoral Commission's decision to exclude part-time students is

unconstitutional and therefore, void.

4.3 We order that all part-time students who were excluded from the list

successful candidates for the sole reason of being on part time, should be
reinstated.
4.4 The Petitioners are eligible to stand.

Leave to appeal is granted.

SAMUEL M. MULEYA

CHAIRPERSON - UNZASU JUDICIARY

MWAMBA MWAMBA

* '

..endorsed....
SECRETARY UNZASU JUDICIARY
SHITUBOTU G. MUNTENGWA LUIZA NALWAMBA

endorsed. ... endorsed....

PHILIMON SIMUKONDE

...... endorsed.....