NO RUNNING MATE, NO PRESIDENTIAL TICKET? A Constitutional Question for 2026

NO RUNNING MATE, NO PRESIDENTIAL TICKET? A Constitutional Question for 2026

Isaac Simbeye (LLM)

1. INTRODUCTION

The unprecedented mysterious withdrawals by electoral candidates and some running mates have led Zambia into uncharted legal waters. As Zambia cruises towards the 13 August 2026 general elections, the question arises: what happens if a calamity befalls a presidential candidate’s running mate, rendering the running mate unable to proceed as the running mate?

The current debate narrows to scenarios in which the running mate resigns from the political party and decides not to step down as running mate. To answer the question of what happens in cases of withdrawals and resignations, some constitutional experts find solace in the Constitutional Court’s decision that one cannot resign from being an electoral candidate. This article argues that this argument tends to contradict, or indeed evade, the existing facts that running mates have de facto resigned from their political parties and have declared their positions openly.

Further, the present article takes the view that the real question should be: what happens where a running mate is no longer able to continue as running mate on account of various factors, such as death, resignation, disqualification under Articles 70, 100 or 153, or disqualification by a court for corruption or electoral malpractice after the close of nominations but before election day?

These possibilities raise intriguing and unanticipated constitutional questions which appear to be inadequately addressed by the existing constitutional, electoral, statutory and regulatory provisions.

The author argues that it is unconstitutional for a presidential candidate to proceed into an election without a running mate. It is further argued that the Supreme Court’s guidance in the case of Attorney General and Others v Geofrey Bwalya Mwamba Appeal 10 of 2017 is that where a political party member joins another political party, or accepts a position from another political party, such a person automatically resigns from the previous political party.

It is contended that the solution lies in the affected presidential candidate appointing another running mate and submitting the particulars to the Electoral Commission of Zambia.

2. THE CONSTITUTIONAL ROLE OF A RUNNING MATE

A running mate means “a person who is selected by a presidential candidate to stand with the presidential candidate in a presidential election so that the person becomes the Vice-President if that presidential candidate is elected as President.”

Further, Article 110(1) establishes the office of the Vice President as follows:
“There shall be a Vice-President for the Republic who shall be the running mate to a presidential candidate in a presidential election.
(2) The qualifications and disqualifications applying to a presidential candidate apply to the person selected by the presidential candidate to be the running mate.
(3) An election to the office of Vice-President shall be conducted at the same time as that of an election to the office of President so that a vote cast for a presidential candidate is a vote cast for the running mate, and if the presidential candidate is elected, the running mate shall be considered to have been elected.
(4) A Vice-President-elect shall be sworn into office by the Chief Justice or, in the absence of the Chief Justice, the Deputy Chief Justice.
(5) The Vice-President shall assume office on the same day that the President assumes office.

Article 111(3) further provides that a person who has twice held the office of Vice-President shall not be selected as a running mate.

3. CAN A PRESIDENTIAL CANDIDATE PROCEED WITHOUT A RUNNING MATE?

The definition is self-explanatory and requires no further elaboration. What is important for present purposes is that a running mate is selected by a presidential candidate and must stand with that candidate in an election, ultimately becoming Vice President if the candidate wins.

It is contended that a running mate who announces resignation from the party and confirms that he or she is no longer the running mate of the presidential candidate cannot be said to continue as that candidate’s running mate merely because the nomination period has closed. The same applies where the running mate dies or is disqualified by the Constitution or by a court.

Further, Articles 110(1), 110(3), 110(4) and 110(5), which establish the office of the Vice-President, reaffirm that a running mate is part of the presidential election and shares in the vote cast for the presidential candidate. The author is alive to the possibility that a vacancy may arise immediately before, during or immediately after the election. However, that scenario is outside the scope of this article, which concerns a vacancy that occurs sufficiently before election day.

4. MECHANISM FOR REPLACING A RUNNING MATE IN A RERUN

So far as is relevant to the present writing, Article 102(2) of the Constitution (Amendment) Act 2016 provides as follows:
(2) If a presidential candidate ─(a) dies; or (b) resigns due to ill-health;
before the taking of a second ballot, the running mate to that presidential candidate in the initial ballot shall assume the place of that presidential candidate.
(3) The presidential candidate who assumed the place of the previous presidential candidate in accordance with clause (2) shall appoint a running mate.

Of relevance to the present discourse is that, if the running mate assumes the role of presidential candidate in a rerun and, by reason thereof, is unable to maintain the role of running mate, that person may, in the capacity of presidential candidate, appoint a running mate before the rerun and submit the details to the Electoral Commission. In any case, in extreme situations where relevant candidates are unable to participate in a rerun, the Electoral Commission of Zambia is mandated to conduct fresh nominations.

5. WHAT THE ELECTORAL PROCESS REGULATIONS SAY ABOUT RUNNING MATES

Although the Electoral Process Act, 2016 itself, and its 2021 and 2026 amendment Acts do not mention the phrase “running mate”, Regulation 11 of the Electoral Process (General) Regulations, 2016 provides as follows regarding nomination for a presidential election:
11. (1) A presidential nomination paper shall be—

(a) in Form GEN 2 set out in the Schedule;
(b) signed by the candidate in the presence of the Returning Officer;
(c) subscribed to by not less than one hundred registered voters from each Province who support the presidential candidate and the running mate; and
(d) accompanied by a non-refundable election fee determined by the Commission.

11. (2) A nomination paper for a running mate shall be in Form GEN 3 set out in the Schedule.
11. (3) Sub-regulation (1)(c) and (d) does not apply to a running mate.
11. (9) In this regulation, unless otherwise provided, a reference to a Presidential candidate includes a running mate. Further, Regulation 27(1) of the Electoral Process (General) Regulations, 2016, makes it mandatory that the presidential ballot paper include the running mate’s name.

6. IS THERE AN EXPRESS MECHANISM FOR REPLACING A RUNNING MATE BEFORE ELECTION DAY?

The contention is that the foregoing provisions of the Electoral Process (General) Regulations, 2016 support the argument that the running mate is intended to be part of the presidential election, with the running mate’s name appearing on the ballot paper. In the author’s view, Regulation 11(1)(c) appears to be unconstitutional to the extent that it suggests that at least one hundred registered voters from each Province who support a presidential candidate must also support the running mate.

The author raises this point because, if left unaddressed, it may undermine the argument that presidential candidates abandoned by their running mates should simply appoint new running mates without the need to mobilise fresh supporters from each Province.

7. CONCLUSION

In conclusion, the constitutional and regulatory framework treats the running mate as an integral part of a presidential candidacy, not as a dispensable or merely symbolic appendage. Since a vote for a presidential candidate is also a vote for the running mate, a presidential candidate should not proceed to an election without a validly selected running mate.

Where a running mate dies, resigns, becomes disqualified or otherwise ceases to be capable of standing with the presidential candidate before election day, the better constitutional approach is to permit the presidential candidate to appoint a replacement and submit the necessary particulars to the Electoral Commission of Zambia. This interpretation best preserves the voter’s constitutional choice, the integrity of the presidential ticket, and the practical operation of the running mate system.