Governance activist In an originating summons filed before the Constitutional Court in Lusaka, Mr Mwanza is seeking an authoritative interpretation of several constitutional provisions governing the nomination of presidential and vice-presidential candidates, together with the legal consequences arising when a running mate withdraws after the close of nominations.
At the centre of the petition is whether a presidential candidate must have a validly nominated running mate throughout the entire electoral process and whether the withdrawal, resignation or stepping down of a vice-presidential candidate automatically affects the validity of the presidential candidature.
Mr Mwanza is also asking the court to determine whether the Electoral Commission of Zambia (ECZ) is constitutionally obliged to remove the name of either a presidential candidate or a running mate from the ballot paper if either withdraws before polling day. In addition, he wants the court to clarify whether votes cast for a presidential ticket whose running mate has withdrawn should remain valid and be counted in determining the outcome of the presidential election.
In an affidavit supporting the action, Mr Mwanza argues that the 2025 constitutional amendments repealed provisions that previously allowed candidates who resigned, died or became disqualified before the first round of voting to be replaced. He contends that the repeal created a legal gap regarding the status of presidential tickets where a running mate withdraws after nominations have closed, leaving uncertainty for political parties, candidates, the Electoral Commission and voters.
“The questions raised herein involve the proper interpretation of the Constitution and require urgent determination in order to provide certainty to candidates, political parties, ECZ and the electorate,” Mr Mwanza states in his affidavit.
According to the court documents, one presidential candidate and two duly nominated vice-presidential candidates publicly announced their withdrawal after the close of nominations before subsequently declaring support for other presidential candidates. The application specifically identifies Moses Mawere and Andyford Banda as the two running mates who withdrew from their respective presidential tickets after nominations had been concluded.
Mr Mwanza argues that only the Constitutional Court has the jurisdiction to interpret the constitutional implications arising from such withdrawals and to determine their effect on the validity of presidential tickets, the conduct of elections and the counting of votes. He maintains that judicial clarification is necessary to ensure consistency in the application of the Constitution ahead of polling day.
The petition comes at a critical stage of the electoral calendar, with 29 days remaining before Zambians head to the polls on 13 August. A ruling by the Constitutional Court could provide legal guidance on how already printed ballot papers and running mate withdrawals are to be treated during the election, while also establishing the framework for handling any further withdrawals that may occur before voting day.
At the time of publication, neither the Electoral Commission of Zambia nor the presidential candidates whose running mates withdrew had issued a public response to the petition. The Constitutional Court is expected to determine the constitutional questions raised once the matter is set down for hearing.
