THE POLL WILL PROCEED AS SCHEDULED DESPITE THE DEATH OF A CANDIDATE
By Ikafa Musilizo
Understanding Article 52(6) of the Constitution of Zambia
Western Province woke up to sad news last week. Hon. Austin Liato an Independent Parliamentary Aspirant for Nkeyema Constituency, passed on a few days before the General Elections.
Naturally, the question on everyone’s lips is, Will there be a by-election in Nkeyema?
The short answer, according to the Constitution of Zambia, is No. The Nkeyema election will proceed as scheduled with the rest of the country.
What the Constitution Says
The Electoral Commission of Zambia and the media team have a duty to keep citizens updated daily as we approach polling day. To avoid speculation and confusion, here is what the law provides:
The Constitution of Zambia (Amendment) No. 13 of 2025, under Article 52(6) states:
(6) Where a candidate
(c) sponsored by a political party dies before the date prescribed for the holding of an election, the Electoral Commission shall cancel the election, and call for the filing of a fresh nomination by the political party whose candidate died, and the election shall be held within thirty days of filing of the fresh nomination.
The same Article also provides that:
(a) a candidate who resigns after having been nominated… the election shall proceed to be held on the date prescribed
(b) a candidate disqualified by a court… the election shall proceed
In Nkeyema, there were only two candidates on the ballot:
- Hon. Mbangweta who is sponsored by the United Party for National Development
- Hon. Austin Liato, who stood as an Independent
The constitutional provision for cancelling and re-running nominations only applies where “a candidate sponsored by a political party dies”.
For an Independent candidate, there is no political party to file a fresh nomination. The law therefore does not provide for a cancellation or postponement. The election proceeds, and the name of the deceased independent candidate will remain on the ballot paper.
This was also clarified by governance experts citing the Electoral Process Act and Constitutional Court interpretation that independents “cannot be said to resign… because they do not belong to a political party”.
Therefore, ECZ will conduct the Nkeyema parliamentary election on the same day as the rest of the country.
While we explain the law, we must also pause to mourn the man.
Austin Liato was a son of Nkeyema who believed enough in his people to put his name on the ballot. He campaigned with conviction. He stood on his own, as an independent, because he believed he could serve differently.
We may have campaigned against him. We may have had different views and different manifestos. But we did not hate him. Politics is about ideas, not enmity.
Today, the posters are down. The rallies are quiet. What remains is a family grieving, and a constituency that has lost one of its voices a few days before it could speak through the ballot.
Let us honor Austin’s courage by turning up peacefully to vote.
The ECZ Media Team must give Daily updates during this period that will help citizens understand these provisions and prevent misinformation. Clarity builds confidence in the process.
We still have The Mwala Kalaluka case, the Luena aspirants position to be explained.
ECZ should keep us in the know.