CONCOURT SET TO DELIVER JUDGMENT IN DOLIKA BANDA ELIGIBILITY CASE AT 15:00HRS
By Nelson Zulu
The Constitutional Court is expected to deliver judgment at 15:00 hours today in a petition challenging the eligibility of Socialist Party presidential running mate Dolika Banda.
Governance activist Isaac Mwanza and the Consortium of Civil Society Organisations on Governance and Constitutionalism petitioned the court, seeking a declaration that Ms. Banda does not possess a Grade 12 certificate or its equivalent as required under Articles 100(1)(e), 110(2) and 266 of the Constitution.
The matter was heard by a full bench comprising Constitutional Court President Margaret Munalula, Deputy President Arnold Shilimi and Justices Judy Mulongoti, Maria Kawimbe, Mathew Chisunka, Pixie Yangailo and Mudford Mwandenga.
During the hearing, lawyers representing Dr. Fred M’membe and Ms. Banda, Leon Lemba and Mehluli Malisa Bathakathi argued that Ms. Banda’s Cambridge O-Level certificate is equivalent to the Zambian Grade 12 certificate.
They maintained that any attempt to alter the position taken by the Examinations Council of Zambia in its letter dated May 2, 2026, confirming her qualifications was an afterthought.
The defence further contended that assertions that Ms. Banda’s qualifications are deficient because they do not include English Language are not supported by law and that no evidence has been presented to invalidate her qualifications, urging that the court should dismiss the petition with costs.
However, the petitioners, supported by Solicitor General Marshal Muchende, argued that Ms. Banda does not meet the constitutional requirement for a Grade 12 certificate because English Language, which they contend is a mandatory subject, does not appear among the subjects listed on her combined 1978 and 1988 Advanced General Certificate of Education qualifications obtained in the United Kingdom.
The petitioners are seeking a declaration that Ms. Banda’s nomination for the August 13, 2026 General Election is invalid and that Dr. M’membe’s nomination as presidential candidate should also be nullified on the grounds that the presidential ticket is joint and inseparable under Article 110 of the Constitution.
They are further seeking an order under Article 52(6)(b) disqualifying Dr. M’membe and Ms. Banda from participating in the presidential election scheduled for August 13, 2026.
PHOENIX NEWS