HIGH COURT RESERVES RULING IN PETITION SEEKING TO DISQUALIFY 101 INDEPENDENT CANDIDATES
The High Court in Lusaka has reserved ruling until Wednesday in a petition seeking to disqualify 101 independent candidates from participating in Zambia’s August 13, 2026 General Election.
The matter, brought by governance activist Isaac Mwanza and the Consortium of Civil Society Organisations for Good Governance and Constitutionalism, was heard before Lusaka High Court Judge-in-Charge Kelvin Limbani.
The petition challenges the eligibility of several prominent independent candidates, including former Cabinet Minister Gary Nkombo, Chilufya Chitalu and others, arguing that they remained affiliated to political parties at the time they filed their nominations as independent candidates.
During Tuesday’s proceedings, lawyers representing Gary Nkombo and several other respondents raised preliminary objections seeking the dismissal of the petition before the matter proceeds to trial.
The respondents argued that the petitioners failed to file mandatory skeleton arguments together with their petition, rendering the proceedings defective from the outset. They further contended that the petition was not served on all respondents within the legally prescribed timeframe.
A third objection challenged the legal standing of the Consortium of Civil Society Organisations for Good Governance and Constitutionalism, arguing that the consortium lacks separate legal personality and therefore cannot independently institute court proceedings.
In response, the petitioners admitted that skeleton arguments were not filed together with the petition but informed the court that corrective steps had already been taken. They cited a Constitutional Court matter earlier in the day in which leave was granted to file skeleton arguments out of time under similar circumstances.
On the issue of service, the petitioners maintained that they served the Electoral Commission of Zambia, the Attorney General and the United Party for National Development within the required period. They further argued that after encountering difficulties locating all respondents, they successfully obtained a court order permitting substituted service through newspaper publication.
The respondents, however, maintained that the application for substituted service was itself made outside the prescribed legal timeframe and therefore could not cure the alleged defect.
Following submissions from all parties, Judge Limbani directed that written responses and submissions be filed by 17:00 hours on Tuesday before reserving his ruling.
The court is expected to deliver a composite ruling on Wednesday addressing all preliminary issues raised.
Should the court rule in favour of the petitioners, the matter will proceed to the next stage, where directions will be issued regarding witness statements, documentary evidence and other pre-trial procedures.
The petition seeks declarations that the nominations of the 101 independent candidates are unconstitutional, null and void. The petitioners further want the court to order the Electoral Commission of Zambia to remove the affected candidates from the 2026 election ballot.
At the centre of the dispute is the interpretation of constitutional provisions governing independent candidates. The petitioners argue that candidates who remain members of political parties cannot lawfully contest elections as independents and that any declarations made to the Electoral Commission indicating otherwise are invalid.
The case is being handled on an expedited basis due to constitutional timelines and the proximity of the August general elections, with the court under pressure to resolve the matter before ballot printing processes commence.
Wednesday’s ruling is expected to determine whether the petition proceeds to full trial or is dismissed at the preliminary stage.
Chongwe Times – 02.06.2026
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