LUSAKA HIGH COURT UPHOLDS CANDLES AS A SYMBOL AS IT DETERMINES MAIN CASE
…The leave granted herein shall operate as a stay of the implementation of the said decision in relation to the Applicants pending the final determination of the subtantive application for judicial review.
Lusaka High Court has granted a stay of execution against a directive issued by the Electoral Commission of Zambia to stop independent candidates from using the candle or candle light as symbols of their campaign candidature.
Hon. Mrs. Justice Mwila Chibwe Kombe also granted leave for the petitoners to commence judicial review against the decision of the ECZ.
Mazabuka Independent Parliamentary Aspirant Gary Nkombo, Lusaka Mayor Aspirant Simon Mulenga Mwila , Michael Chulu, Faith Lungu and Iris Kaingu Kamwi sought the protection of the court citing reasons that the symbol was a choice proposed by ECZ which proceeded to accept their nominations.
The candidates also stated that they had incurred huge costs already associated with printing posters, banners, t-shirts and other campaign paraphenalia and the decision by ECZ was irrational and unfair.
Below are the details.
7.1 In view of my findings based on the fundamental principles relating to applications for leave to apply for juidcial review,
I HEREBY ORDER that:
(i) Leave is granted to the Applicants to commence judicial review proceedings against the decision of the Respondent
contained as in Circular No.EC/101/1/29 dated 6th June, 2026 to revoke and change the candle’ symbol already allocated to the
independent candidates and to threaten to impose an alternative symbol upon the independent candidates who decline to voluntarily select a replacement symbol.
(ii) The leave granted herein shall operate as a stay of the implementation of the said decision in relation to the Applicants pending the final determination of the subtantive application for judicial review.
(ii) The application for judicial review shall be made to the Judge in chambers and the hearing of the application shall be expedited.
EMV
