LUSAKA — The Constitutional Court has dismissed a petition challenging the eligibility of Socialist Party presidential candidate Dr Fred M’membe and his running mate Dolika Banda to contest the August 13 general election, clearing the pair to remain in the race.
In a judgment delivered on behalf of the full bench, Constitutional Court Judge Mapani Kawimbe ruled that the petitioners civil liberties activist Isaac Mwanza and the Consortium of Civil Society Organisations for Good Governance and Constitutionalism had failed to provide sufficient evidence to prove that Ms Banda did not possess a Grade 12 certificate or its equivalent as required by the Constitution.
The petition centred on a response from the Examinations Council of Zambia indicating that Ms Banda’s Cambridge OCR General Secondary School Certificate, obtained in 1978, was not equivalent to a Grade 12 School Certificate.
Judge Kawimbe found that material obtained from the Electoral Commission of Zambia alone was insufficient to sustain the challenge. The court held that the petitioners bore the responsibility of presenting adequate evidence in support of their claim and had failed to do so.
The ruling removes a legal hurdle that had threatened the Socialist Party ticket and allows Dr M’membe and Ms Banda to continue campaigning ahead of the August 13 polls.
Speaking after the judgment, Dr M’membe welcomed the court’s decision and strongly defended his running mate, describing her as a highly educated and accomplished professional.
“We don’t boast, but we are highly, highly educated people — probably some of the most educated politicians in the world,” he told journalists. “In terms of politicians, there is no politician in Africa who matches my qualifications. No one in Africa. No one in the world that you know of.”
He maintained that the challenge was never genuinely about academic qualifications but was instead intended to embarrass his running mate.
“What they were after was to humiliate a person who has served this country with very high levels of integrity, with sufficient honour,” he said. “My running mate Dolika is a highly educated person, a highly experienced professional.”
The Socialist Party leader further suggested that the petition reflected concern among political rivals about his party’s growing appeal.
“They were scared of us. This is quality leadership that you have for this country,” he said. “And this time, Zambians, you need to start to focus on quality leadership.”
Using the occasion to reinforce his campaign message, Dr M’membe argued that Zambia’s poverty levels underscored the need for a different approach to governance and economic management.
He cited figures showing that more than 60 percent of Zambians live in poverty, while provinces including Muchinga, Western, Northern, Luapula and Eastern continue to record some of the highest poverty levels in the country.
“In the next 12 to 15 years, we will have more than 44 million Zambians,” he said. “We are failing to look after 22 million. What programmes do we have to move us out of the poverty we are in? Without quality leadership, forget it.”
He also expressed concern about rising household indebtedness, arguing that many workers were burdened by financial obligations that extended beyond their immediate families.
“If these people are not freed from debt, forget about developing this country,” he said. “They are the workers. They are the producers of goods and services. We can’t continue to be ruled in this way.”
Despite his criticism of political opponents, Dr M’membe commended the Constitutional Court for what he described as a well-reasoned judgment.
“The court tried. It’s one of the best judgments, one of the well-reasoned judgments I’ve seen or read or heard from the Constitutional Court,” he said.
He added that his assessment was based on the court’s reasoning rather than the outcome itself.
“Not because it’s favourable to me — they have reasoned. Even if it was not going to be favourable to us, at least they tried to reason. Give credit where it’s due.”
The judgment brings to a close the legal challenge against the Socialist Party ticket and leaves Dr M’membe and Ms Banda free to focus on the final phase of their campaign before voters head to the polls on August 13
They came, they sat, they earned.
What a waste of money and time. Yeah, Such free money when Zambia’s youth unemployment has climbed to 30%
What jobs can you give to street kids?
Things like Isaac Mwanza should be jailed. Embarrassing an accomplished woman like that is worse than undressing his own mother. Lightning will struck Isaac Mwanza and his friends.
Isaac Mwanza needs to be probed. We can’t have such behaviour from a “governance expert” – whatever the term means.
At least some publicity for a family party
Well reasoned? How? Well one cant fault those who have acquitted him.
Even though the case was frivolous the ruling sounds faulty:
“found that material obtained from the Electoral Commission of Zambia alone was insufficient to sustain the challenge”
But who else would be more relevant for determining she didn’t submit the required qualification?
Great news indeed every vote taken away means something
There has to be a process and respected.
Respected like the lungu debacle ???