⚖️ CONCOURT THROWS OUT DELIMITATION CHALLENGE, CLEARS ECZ TO PROCEED
In a decisive ruling, the Constitutional Court has dismissed a petition seeking to halt the Electoral Commission of Zambia’s (ECZ) ongoing constituency delimitation exercise, declaring the challenge devoid of merit.
The case was brought forward by Peter Sinkamba, Chairperson of the People’s Action for the Country’s Transformation, who argued that the exercise was being conducted in a rushed and unconstitutional manner.
Delivering judgment on behalf of a seven-judge panel, Justice Kenneth Mulife ruled that the matter was prematurely brought before the Court, effectively shutting down the bid to stop the process.
On the contentious issue of sequencing, the Court firmly held that there is no legal requirement dictating whether delimitation must come before voter registration. The two processes, while related, were deemed capable of running independently without breaching any constitutional provisions.
The Court also dismantled claims that Article 13 of the amended 2025 Constitution—which increases constituencies from 156 to 226—effectively abolished existing constituencies. Judges described this interpretation as fundamentally flawed, clarifying that the provision merely expands representation rather than nullifying current electoral boundaries. To accept such an argument, the Court noted, would imply that Parliament itself had ceased to exist—an untenable conclusion.
In its final determination, the Court reaffirmed the ECZ’s constitutional mandate, granting it full authority to proceed uninterrupted with the delimitation exercise.
The ruling marks a significant legal victory for the electoral body and solidifies the path toward restructuring Zambia’s electoral boundaries ahead of the next general elections.