An Independent for President? The Constitution Unequivocally Says Yes
By Godfrey Chitalu
Recently, Chiengi MP Given Katuta stirred a political hornet’s nest by declaring that she would run for president as an independent candidate.
Now, let’s be honest about one thing, and I’m not here to debate her chances. I’ll steer clear of that temptation.
Unseating President Hakainde Hichilema is not for the faint-hearted, and Zambia’s electoral battlefield is no playground for solo riders.
What startled me, however, was the loud, almost coordinated chorus of “That’s impossible!” that reverberated across the political landscape, even from familiar sources. Sometimes, knee-jerk reactions are best avoided.
And again, I will not be drawn into who said what and when.
For avoidance of doubt, I reached for the 2016 amended Constitution and pored over it. Truth was in plain sight. Although this may be inconvenient to some, an independent can indeed run for president in Zambia full stop!
In fact, the independent presidential candidate can even be supported by an independent running mate.
The supreme law is surprisingly clear on this solo or rather duo arrangement.
Article 100(1) lists the qualifications for presidential candidates: Zambian citizenship, being at least 35 years old, a registered voter, and tax compliant. The tougher, though surmountable, part is the requirement to secure 100 supporters from each province, which comes to a total of 1,000 nationwide. That’s manageable for any serious contender.
I still wonder why Dolika Banda insisted on pleading with a political party instead of doing the needful.
Nowhere does the Constitution say a candidate must belong to or be adopted by a political party. The much-talked-about certificate of adoption appears only in the Electoral Commission of Zambia (ECZ) nomination checklist, and even there, it’s clearly prefaced by the words “if sponsored by a political party.” This is not a constitutional requirement.
Article 52(1) empowers any person who qualifies under the Constitution to file nomination papers, while Article 60 merely grants political parties the right to sponsor candidates and ironically, not the monopoly to do so.
The framers of our Constitution, perhaps unknowingly, left a wide democratic gate through which an ambitious independent may march, running mate in tow, toward State House… or their house, if they prefer to rule from Chiengi.
Of course, the road is steep. Article 100(2) demands a running mate, which means an independent must field a second independent. That may be a logistical nightmare, but it’s legally possible.
What’s missing is official clarity. It would be prudent for the ECZ, or even the Constitutional Court, to affirm this interpretation before 2026 lest some overzealous gatekeepers block valid nominations.
President Hichilema once said our Constitution has “lacunae.” Perhaps this is one of them. Of course, the other is that curious clause about resignations before polling day. But in a democracy, even a lacuna can be a window of opportunity.
Whether Given Katuta is stirring the waters or testing them for Moses, she has forced us to read, not once, but thrice our seldom-read Constitution.
And in black and white, it whispers a daring truth: an independent can run for President of the Republic of Zambia, and no one can stop that.
ECZ, take note.
The author writes as and when he wants, purely for pleasure. Goddychitty@gmail.com 0977466284