⚖️ 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.
Chanda can’t understand anything, confused chap
Chanda can’t understand anything, confused chap. Hey has a very argumentative background
The key point brought by Peter Sinkamba was ;
Should Delimitation be done before Voter Registration or after .
The Logical Sequence is that it should be done way before Voter Registration. A Voter needs to know the Constituency in which he or she will be registering.
Even more important for the Candidate. A prospective Candidate registered in a Particular Polling Station may find himself disqualified from standing for elections on grounds that the Polling Station where he registered has been moved to a different Constituency.
These are just simple Administrative basics which the stubborn Executive needed to appreciate.
The Delimitation should have been done way before the Voter Registration, and not so close to the General Elections.
The same ECZ the Constitutional Court is defending is ironically warning of a Constitutional Crisis if the Electoral Act is not amended to synchronize it with Provisions of the Law made from the Illegitimate and Unconstitutional Bill 7.
The ECZ knows that the electoral Process is very squeezed in a very limited timeline.
This year’s Elections will be the most confused Elections ever held in Zambia.
The confusion is already manifest. Potential Candidates are Campaigning in non existent Constituencies. This is confusion. This has never happened in Zambia before.
Again the same ECZ is now threatening to sue Candidates doing this! Suing them for what? Suing them for your confusion?
This is just a Tip of the Confusion we are likely to face as we head towards elections.
Upon Delimitation, there will be Dissatisfied communities and litigations will follow.. even Injunctions. But for the stubborn Executive, they don’t care as long as they win Elections.
Mr Peter Sinkamba you have done your part.
The Electoral Reform resulting from the Illegitimate and Unconstitutional Bill 7 are massive. They required more time for a seamless Implementation.
We will see who is going to have the last laugh between yourself and the Honorable Judges of the Constitutional Court..or indeed the stubborn Executive.
This is the making of the opposition, some church mother bodies, LAZ and NGOs who used delaying tactics to halt the constitutional amendments process by fighting Bill 7 which was partly meant to provide for the delimitation exercise. This could have been done way before the registration exercise. They wanted to deliberately create a constitutional crisis. Now they have to aspire to stand where they are registered. Like those who want to stand in New constituencies where they are not registered, abandoning their current constituencies, they will not be adopted by their respective parties if those parties want to compete in those constituencies.
It was all known, this one man party chap just like Sean, it’s about political show that they can go to court, useless chaps