ECZ Mandevu By-Election: Remaining Candidate Can Win Without Poll

• The Electoral Commission of Zambia has refused to cancel the Mandevu parliamentary by-election.
• This decision follows the withdrawal of three candidates from the electoral race.
• The ECZ cited the Constitution, which permits the sole remaining candidate to be declared the winner.
• The by-election will proceed, with the remaining candidate being declared victorious.

The ECZ has explicitly stated that the constitutional provisions in place allow for a scenario where, if only one candidate remains in an election after all other contenders have withdrawn, that sole remaining candidate is permitted to be declared the winner.

The Electoral Commission of Zambia (ECZ) has recently issued a definitive statement, firmly rejecting calls for the cancellation of the Mandevu parliamentary by-election. This decision follows a notable development where three candidates, who were initially registered to contest the parliamentary seat, formally withdrew their candidacies from the race. The multiple withdrawals subsequently led to various stakeholders and members of the public advocating for the entire by-election process to be nullified, citing the significantly altered landscape of contenders.

Despite these appeals and the unusual circumstances, the ECZ has maintained that the electoral process for the Mandevu constituency will proceed without interruption. The Commission's unwavering position highlights its commitment to upholding the established legal and constitutional framework that governs elections across Zambia. This situation provides a clear illustration of how the Electoral Commission of Zambia interprets and applies Zambia election law candidate withdrawal regulations, demonstrating that such actions do not automatically lead to the abandonment of an electoral contest.

The fundamental basis for the Electoral Commission of Zambia's decision lies in a specific interpretation of the nation's Constitution. The ECZ has explicitly stated that the constitutional provisions in place allow for a scenario where, if only one candidate remains in an election after all other contenders have withdrawn, that sole remaining candidate is permitted to be declared the winner. This declaration can occur without the necessity of conducting a formal polling exercise, thereby streamlining the process under such unique circumstances.

By invoking this particular constitutional clause, the ECZ is not only asserting its authority but also providing crucial clarity on the application of ECZ by-election rules. This interpretation ensures that the electoral system remains robust and capable of addressing unforeseen events like mass candidate withdrawals, all while adhering to the supreme law of the land. The Commission's statement effectively removes any ambiguity regarding the legal validity of the election outcome in such a situation, reinforcing the integrity of the electoral process.

As a direct consequence of the Electoral Commission of Zambia's ruling, the Mandevu parliamentary by-election will conclude with the declaration of the single remaining candidate as the undisputed victor. This outcome directly addresses the unique situation brought about by the recent withdrawals, guaranteeing that the Mandevu constituency will secure its parliamentary representation without the need for a complete restart or cancellation of the entire electoral process. The ECZ Mandevu by-election remaining candidate will thus be formally recognized as the duly elected Member of Parliament.

This specific scenario, where a candidate achieves victory without a ballot being cast due to the absence of other contenders, represents a direct application of the Zambia Constitution election winner provisions under these precise circumstances. It establishes a clear precedent for how the Electoral Commission of Zambia intends to manage similar situations in any future by-elections, reinforcing the principle that candidate withdrawals, even when multiple, do not automatically lead to the nullification of an election if a single contender remains. This firm stance by the ECZ offers valuable predictability for all political parties and individual candidates participating in Zambian elections.

Lawyers advising political parties or candidates in Zambia should note the ECZ's firm stance that a by-election will not be cancelled due to candidate withdrawals, and the remaining candidate will be declared the winner. This clarifies the legal interpretation of the Constitution regarding such scenarios, impacting election strategy and potential challenges.

Source: Original reporting via local news outlet