Attorney General Mulilo Kabesha has asked the Constitutional Court to determine the legal position where a nominated presidential candidate or running mate resigns or withdraws from the race after the close of nominations, ahead of Zambia’s 13 August general election
The application responds to a petition filed by governance activist Isaac Mwanza, who has cited the Electoral Commission of Zambia and is seeking clarity on the consequences of a candidate stepping down after nominations closed between 18 and 22 May. In his affidavit, Mr Mwanza argues that constitutional amendments passed in 2025 repealed provisions that previously allowed candidates who resigned, died or became disqualified to be replaced before the first round of voting, leaving what he describes as a legal gap.
Mr Mwanza states that after nominations closed, one presidential candidate and two vice-presidential running mates publicly withdrew before endorsing other tickets. These include Andyford Banda, who stepped down as running mate to Organised People’s Party candidate Brian Mushimba, and Moses Mawere, who withdrew as running mate to Citizens First candidate Harry Kalaba. Liberal Democratic Party candidate Xavier Chungu also withdrew his own candidacy, later endorsing NRPUP’s Brian Mundubile, while John Nyirenda has since withdrawn from independent candidate Given Katuta’s ticket.
The Electoral Commission has told the court that the Banda and Mawere resignation letters arrived only after ballot papers bearing their names had already been printed and packaged, and has submitted that votes cast for a candidate who resigns post-printing should not be counted, while maintaining it remains obliged to proceed with the election as scheduled.
In his own submission, Mr Kabesha argued that where a running mate resigns or dies after ballot papers have been printed, the presidential candidate should nonetheless be treated as validly elected, with votes cast for that ticket remaining valid. “In the event that a presidential candidate’s running mate resigns after nomination or election day, the presidential candidate should be allowed to nominate a replacement running mate,” he states, citing Article 110(3) of the Constitution, under which a vote for a presidential candidate is deemed also to be a vote for the running mate.
He further submitted that where a resignation occurs before polling day, the candidate should be allowed to nominate a replacement, and the Electoral Commission should remove any withdrawn name from the ballot ahead of the vote. No hearing date has yet been set, though the Commission has indicated it is awaiting the court’s guidance before finalising its position.