The 60-page presidential election petition filed by Linda Kasonde, Brebner Changala and LCK Freedom Foundation Limited against the Electoral Commission of Zambia, the Attorney-General and President Hakainde Hichilema. It challenges the validity of the 13 August 2026 presidential election and the declaration of Hichilema as winner.
The petitioners’ central argument is that the election was not free, fair or conducted on a level playing field, and therefore allegedly violated Articles 45 and 46 of the Constitution. They rely heavily on reports from domestic and international election observers, civil society organisations and churches.
The major allegations are:
Results and turnout anomalies: CCMG’s parallel vote tabulation reportedly estimated national turnout at about 53.5%, compared with the ECZ official figure of 57.23%. CCMG estimated Hichilema at about 56%, while the official result gave him 60.5%. The petition identifies approximately 30 constituencies where official turnout allegedly exceeded CCMG’s statistically plausible range.
Differences between polling-station and tally-centre figures: In sampled constituencies including Kalomo Central and Lufwanyama, the petition alleges that some UPND votes recorded at constituency tally centres were higher than the figures announced at polling stations. It also notes that CCMG said Hichilema still received the most votes overall and more than the required 50%, but recommended further investigation.
Unequal political environment: The petition alleges unequal application of the Public Order Act, unequal police protection, political violence, restrictions on opposition campaigning, and a chilling effect arising from the Cyber Security and Cyber Crimes legislation.
Suspension of counting: The ECZ’s nationwide suspension of counting and announcement of results on 14 August 2026 is alleged to have been unlawful and to have created an opportunity for interference with the tallying process.
Military involvement: The petition argues that deployment of the Zambia Defence Force at polling stations and the National Results Centre amounted to unconstitutional policing and created fear among voters, agents and observers.
Use of government programmes: It alleges that Social Cash Transfer programmes and other public resources were used to influence voters in favour of the ruling party.
Ballot secrecy: The recording of voters’ national registration numbers on or against ballot papers is alleged to have compromised the secrecy of the ballot.
Broader constitutional concerns: The petition challenges the election environment arising from recent constitutional and electoral law amendments and argues that these changes were introduced too close to the election.
The petition ultimately sets out 10 grounds, with its principal ground being that the cumulative electoral environment allegedly prevented citizens from freely exercising their political rights and therefore failed the constitutional requirement for a free and fair election.
The petitioners are asking the Constitutional Court, among other things, to declare the election invalid, nullify Hichilema’s declaration as President, order a fresh presidential election, or alternatively order a recount and re-tabulation, particularly in the disputed constituencies. They also seek publication of polling-station and tallying records and declarations concerning the ECZ suspension, military deployment and alleged misuse of government programmes.
Important: these are allegations made by the petitioners, not findings by the Constitutional Court. The petition itself also acknowledges CCMG’s assessment that Hichilema likely received more than 50% of the vote, while arguing that the identified discrepancies and wider electoral environment require judicial scrutiny.
