MAPATIZYA Constituency in Zimba District is now without a Member of Parliament after the Livingstone High Court nullified the election of UPND’s Emeldah Munashabantu.
In a judgment delivered by High Court Judge Kazimbe Chenda ruled that serious irregularities in the post-voting electoral process affected the outcome of the August 13, 2026 parliamentary election
The court found that the Electoral Commission of Zambia (ECZ) did not conduct the post-voting electoral processes substantially in accordance with electoral laws.
The election was challenged by Clive Darius Miyanda, who petitioned the court on grounds of misconduct and procedural irregularities.
Justice Chenda dismissed the misconduct allegation, finding that no misconduct had been proved against Ms Munashabantu.
However, the court found that procedural irregularities, particularly those relating to the post-voting process, had merit and were sufficient to invalidate the election.
The judgment also referred to violence that rocked the totalling centre at Kabanga, which affected the petitioner and the respondents.
The court held that irregular steps taken by an ECZ agent after the incident triggered the petition.
On costs, Justice Chenda ordered ECZ to pay Mr Miyanda’s legal costs, to be taxed if the parties fail to agree on the amount.
“As for the First Respondent and Second Respondent, it is necessary to backtrack that they and the Petitioner were all affected by the violence that rocked the totalling centre at Kabanga. However, it is the irregular steps taken by the Second Respondent’s agent thereafter, that triggered this petition.
Therefore, the Second Respondent shall bear the Petitioner’s costs of this action, to be taxed if not agreed. Turning to the First Respondent, even though vanquished as a litigant, she has been found blameless in the Second Respondent’s condemned steps and shall therefore be spared of any costs burden other than her own to bear. So I order,” Justice Chenda ruled.
Ms Munashabantu, who was elected on the UPND ticket, now loses the seat pending any appeal to the Constitutional Court. If no appeal is filed or if the appeal fails, the Speaker of the National Assembly will declare a vacancy, paving way for a by-election in Mapatizya.
(Mwebantu)