Fresh constitutional petitions filed in Lusaka have injected new legal uncertainty into Zambia’s August 13 general elections after governance activist Isaac Mwanza and a consortium of civil society organisations moved to challenge both the Socialist Party presidential ticket and more than 100 parliamentary candidates contesting as independents.
The petitions were filed before expiry of the statutory nomination challenge period and invoke multiple constitutional provisions, including Articles 51(a), 52(4), 52(6), 100(1)(e), 110(2) and 266, alongside sections of the Electoral Process Act No. 35 of 2016.
At the centre of the first petition is Dolika Banda, the running mate to Socialist Party presidential candidate Dr Fred M’membe. Petitioners argue that a Cambridge OCR General Certificate of Secondary Education allegedly obtained by Banda in 1978 does not satisfy Zambia’s constitutional requirement for a Grade Twelve certificate or its equivalent for persons seeking the office of Vice-President.
The petition further argues that the presidential ticket is constitutionally joint and inseparable under Article 110. According to the filing, any disqualification affecting Banda would consequently invalidate the entire presidential ticket involving Dr M’membe under Article 52(6)(b). The Electoral Commission of Zambia and the Attorney General have both been cited as respondents.
Qualification disputes involving Grade Twelve requirements have increasingly become part of Zambia’s electoral litigation environment in recent years, particularly in cases involving foreign or legacy academic qualifications whose equivalency falls outside Zambia’s present education framework.
The second petition targets more than 100 parliamentary candidates contesting as independents across several constituencies nationwide. Petitioners argue that the affected candidates remained members of political parties at the time they filed their nominations as independents, contrary to Article 51(a) of the Constitution.
Among those named in the petition are Dr Chitalu Chilufya, Garry Nkombo, Miles Sampa and Alexious Mulemba, alongside several other parliamentary candidates whose independent bids have already attracted public attention during the nomination period.
The constituencies listed in the petition include Kabushi, Katuba, Chingola West, Solwezi East, Kaoma Central, Monze Central, Lukashya, Mazabuka Central, Kapiri Mposhi East and Mwandi, reflecting a dispute stretching across multiple provinces and political regions.
The petition also cites Batuke Imenda in his capacity as UPND Secretary General and Morgan Ng’ona as PF Secretary General, drawing both major political parties directly into the proceedings. The inclusion raises further scrutiny around how parties managed members who later filed nominations as independents.
So far, sections of the public, governance stakeholders and political actors have already described portions of the contested nominations as illegal and unconstitutional, arguing that candidates contesting as independents while allegedly retaining party membership undermine the constitutional distinction between party-sponsored and genuinely independent candidates.
Governance stakeholders say the growing number of independent candidacies emerging from failed adoption battles has exposed weaknesses within the vetting process during nominations and created legal grey areas likely to shape the election period.
The petitions arrive during one of the most politically sensitive phases of the electoral calendar.
A wave of former ministers, senior politicians and party officials have entered the election as independents after disputes surrounding party adoption processes, producing one of the largest independent candidate fields in recent electoral history.
Legal observers say the scale of the challenge now places additional pressure on the courts because ballot preparation timelines leave limited room for prolonged litigation before printing and final electoral preparations commence.
By Thursday evening, no public response had been issued by the Socialist Party, the Electoral Commission of Zambia or most of the candidates named in the petitions.
The High Court is now expected to determine whether the matters raise sufficient constitutional grounds to proceed to urgent hearing.
How quickly the courts move may prove politically significant.
The deeper the Electoral Commission moves into ballot preparation, the more complicated any future remedial orders could become.
Editor’s Note: “Election litigation filed during the narrow nomination challenge window often carries consequences extending far beyond the courtroom because delays in adjudication can directly affect ballot preparation and campaign stability.”