Zambia Constitutional Court: No Resignation After Valid Nomination

• The Constitutional Court of Zambia is currently considering whether a running mate can resign or withdraw from an election after being validly nominated.
• This decision, once made, is expected to set a precedent for maintaining the integrity of election nominations in Zambia.
• Political parties must carefully select and nominate candidates who are committed to seeing the election through to its conclusion, awaiting the court's clarification.

The Constitutional Court is being asked to determine whether the Constitution requires a running mate to remain on the ballot from the filing of nomination until the election is held.

The Constitutional Court of Zambia is currently considering the legal position on whether a running mate can resign or withdraw from an election after being validly nominated. This matter is pending before the court and is expected to set a crucial precedent for maintaining the integrity of election nominations in Zambia. The court's judgment, once delivered, will clarify the importance of ensuring that nominees remain committed to their candidacy throughout the electoral process.

The ongoing legal proceedings are significant because they seek to clarify the constitutional requirements for running mates and underscore the need for political parties to carefully select and nominate candidates who are committed to seeing the election through to its conclusion.

Governance activist Isaac Mwanza has petitioned the Constitutional Court to declare that once nominations are filed and closed, neither a presidential candidate nor a running mate may resign, withdraw, or step down. The Attorney General, Mulilo Kabesha, has also submitted an application seeking the court's guidance on this issue. The Electoral Commission of Zambia (ECZ) has noted that the Constitution is silent on what happens when a running mate withdraws after nominations close, indicating a legal gap that requires judicial interpretation.

This legal challenge highlights the importance of understanding and complying with constitutional requirements to avoid potential disputes or challenges during the electoral process. The court's decision will clarify the need for political parties to carefully vet and select nominees who are committed to their candidacy and willing to see it through to its conclusion.

This pending ruling has significant implications for political parties in Zambia, particularly with regards to the nomination process. Lawyers advising these parties should take note of this ongoing matter and advise their clients accordingly when filing future nominations. The court's decision will emphasize the importance of maintaining the integrity of election nominations and underscore the need for careful selection and nomination processes.

In light of this anticipated ruling, political parties may need to revisit their internal procedures for selecting and nominating running mates in order to ensure compliance with constitutional requirements and avoid any potential disputes or challenges during the electoral process. The Constitutional Court is scheduled to hear and deliver judgment on this matter on July 31, 2026.

Lawyers advising political parties should note that this ruling sets a precedent for maintaining the integrity of election nominations, and may require them to advise clients on the implications of this decision when filing future nominations.

Source: Original reporting via The Zambian Observer