ALL PETITIONS ON THE ELECTION OF A MEMBER OF PARLIAMENT TO BE HEARD AND DETERMINED WITHIN 90 DAYS OF FILING THE PETITION
Following Constitutional Amendment No 13 of 2025 (BILL 7) , Article 73 of the Constitution of Zambia now makes it clear that a petition challenging the election of a Member of Parliament must be heard and determined within ninety (90) days of the filing of the petition.This is an important constitutional development and means it will be a very busy 90 days for the courts to give closure to all the Parliamentary petitions within the stipulated time.
Previously, there was concern that an election matter could be heard within the prescribed period but remain unresolved for a prolonged period before a final judgment was delivered. The amendment in Bill 7 addresses this gap by making it clear that the matter must not only be heard, but must also be determined within ninety days.
THE CASE OF NKUNIKA V. NYIRENDA
A useful example of why the timely determination of electoral and parliamentary disputes is necessary is the case of Bizwayo Newton Nkunika v. Lawrence Nyirenda and the Electoral Commission of Zambia, decided by the Constitutional Court in 2021.
The matter arose from the 2016 General Election involving the Lundazi Central Parliamentary Constituency.
Mr. Nkunika challenged the eligibility of Mr. Nyirenda to serve as a Member of Parliament, arguing that he did not possess the minimum Grade 12 academic qualification required under Article 70 of the Constitution.
The matter, however, was only finally determined by the Constitutional Court in March 2021 almost at the end of the five-year parliamentary term for which the Member of Parliament had been elected. The Court held that Mr Nyirenda’s GCE did not meet the constitutional definition of a Grade 12 certificate.
This demonstrates the importance of resolving disputes concerning parliamentary representation within a reasonable and constitutionally defined period.
An electoral dispute cannot be allowed to remain unresolved for years while the parliamentary term continues to run. By the time a final determination is eventually made, a substantial portion or virtually the entire parliamentary term may already have passed.
The consequence is that even where serious questions are raised regarding an election or the eligibility of a Member of Parliament, the people of the constituency may remain uncertain about the final legal position of their representative for an extended period.
It is precisely this kind of situation that demonstrates why the Constitution must ensure not only that election petitions are heard, but also that they are finally determined within a specific timeframe.
WHAT THE NEW AMENDMENT IN BILL 7 ACHIEVES
The amendment to Article 73 therefore brings certainty to the electoral justice system.
An election petition involving a Member of Parliament must now move beyond simply being placed before the court or heard. The constitutional expectation is that the entire matter must reach a conclusion within ninety days of the filing of the petition.
This is important for:
1. THE ELECTORATE
The people deserve certainty regarding who lawfully represents them in Parliament.
2. THE PETITIONER
A person challenging an election deserves a timely determination of the issues raised.
3. THE MEMBER OF PARLIAMENT
An elected Member of Parliament should not remain under prolonged uncertainty regarding his or her mandate.
4. DEMOCRATIC GOVERNANCE
Parliamentary representation should not be overshadowed by disputes that remain unresolved for years.
THE CONSTITUTION IS NOW CLEAR
The significance of the amendment lies in one crucial requirement:
A petition challenging the election of a Member of Parliament must not only be heard—it must also be determined within ninety days of its filing.
The lesson from cases such as Nkunika v. Nyirenda is that electoral and constitutional disputes concerning parliamentary representation should be resolved while the outcome can still have meaningful relevance to the parliamentary term for which the election was held.
Justice delayed in an electoral dispute can affect not only the candidates involved, but also the electorate whose democratic choice and representation are at stake.
THE PEOPLE ELECT MEMBERS OF PARLIAMENT FOR A FIVE-YEAR TERM. DISPUTES RELATING TO THEIR ELECTION MUST THEREFORE BE RESOLVED QUICKLY, CONCLUSIVELY AND WITHIN THE TIME PRESCRIBED BY THE CONSTITUTION.
The Author is Nalolo Member of Parliament and Chaired the Parliamentary Select Committee Appointed to Scrutinize Contitutional Amendemnt BiLL No 7