Court rejects CF MP’s request to dismiss Chipili election petition
THE Lusaka High Court has dismissed a preliminary objection seeking to throw out an election petition challenging the August 13, 2026 Chipili Parliamentary election.
In a ruling delivered by judge Malata-Unonuju, the Court held that the petition filed by UPND’s Donald Lumbeta against Citizens First winner Robert Musonda and the Electoral Commission of Zambia was validly filed and is competently before the Court.
The matter came up during a scheduling conference held on September 15, 2026, when lawyers representing the respondents raised a preliminary objection seeking to have the petition dismissed on a point of law.
The respondents argued that the petition had been filed outside the 14-day period prescribed under Section 100 of the Electoral Process Act No. 35 of 2016.
They argued that the election results were officially announced on August 15, 2026, meaning the 14-day period expired on Saturday, August 29.
According to the respondents, the petition was therefore filed outside the prescribed period and was incompetent before the Court.
However, lawyer Henry Soko of Messrs Lumangwe Chambers Legal Practitioners, representing Lumbeta, opposed the preliminary objection, relying on the provisions of Order 2 of the High Court Rules, Chapter 27 of the Laws of Zambia, which provides for the computation of time.
Soko argued that since August 29 fell on a Saturday, the next working day was Monday, August 31, when the petition was filed.
The Court subsequently dismissed the preliminary objection, holding that the petition was validly filed and is competently before the Court.
Justice Malata-Unonuju found that the Constitution and the relevant provisions of the law relied upon by Soko provide for how time should be computed where a filing deadline falls on a Saturday, Sunday or public holiday.
Musonda won the Chipili Parliamentary seat with 5,323 votes, while Lumbeta came third with 4,935 votes.
-TV Yatu | Sanfrossa Mberi | September 17, 2026.
Image: UPND’s Donald Lumbeta, the petitioner