MPIKA TOWN COUNCIL CHAIRPERSON’S SEAT TO REMAIN VACANT UNTIL GENERAL ELECTION – MWIIMBU
GOVERNMENT has announced that no by-election will be held in Mpika following the death of its town council chairperson Morgan Musoma, citing constitutional restrictions as the nation enters the 180-day period preceding the general elections.
Home Affairs and Internal Security Minister Jack Mwiimbu, made the announcement in Parliament this morning while responding to an urgent matter raised by Shiwang’andu member of parliament Stephen Kampyongo.
Acting as leader of Government business in the august house, Mwiimbu said through a ministerial statement that although the Electoral Commission of Zambia (ECZ) received formal notification of the vacancy on February 4, 2026, the constitution bars the holding of by-elections within 180 days before a general election.
He explained that Article 158 of the Constitution requires a by-election to be held within 90 days of a vacancy, but that Article 57(2) overrides this requirement by prohibiting any by-election in the six months leading to a general election.
Zambia’s next general election is scheduled for Thursday, August 13, 2026, in
with Article 56(1) of the Constitution.
This means the 180-day prohibition period begins on February 14, 2026, leaving only nine days from the date the vacancy was reported.
Mwiimbu said the remaining timeframe is too short for the ECZ to conduct a credible and lawful by-election.
“Holding a credible by-election within such a timeframe is logistically and legally impractical. The Election Process Act No. 35 of 2016 prescribes mandatory procedures that cannot be compressed into nine days,” he said..
He listed several statutory requirements that can’t be done effective within the limited timeframe including the issuance of public notices, training of election officers, verification of nominations, conduct of campaigns, and the printing and delivery of ballot papers.
The minister said rushing the process would compromise the integrity of the election and violate candidates’ rights to a meaningful campaign period.
As a result, Mwiimbu said the Mpika Town Council chairperson’s seat will remain vacant until the general election on August 13, 2026, in compliance with the Constitution.
Kalemba
There are 7 months before the Presidential and General Elections. What is Hon Jack Mwiimbu saying?
Scared of losing!
Hold your trigger. You misunderstood the explanation he gave backed by constitutional provisions. Go back and read again. No by-election within 6 months of a general election.
180 days is 180 days, if the 180 days are more by even 1 day it means elections must take place because that is what the law prescribes, for Jack to start justifying his reasoning which does not exist in the constitution, he is going against the very law he is trying to explain and may be sited and jailed after August 2026 for abuse of office. What Mwimbu must admit in his fear of UPND being whitewashed in Mpika, but the constitution is the constitution and no single individual can add or subtract from it using their own thinking because the interpretation is very clear with no Lacuna which he can use to hide in