UPHOLD THE LAW AND REJECT ILLEGAL ATTEMPT TO OVERTURN CHAWAMA NOMINATION
The Consortium of Civil Society Organisations on Governance and Constitutionalism strongly urges the Electoral Commission of Zambia (ECZ) to reject in the clearest possible terms the call attributed to Mr. Morgan Muunda of the United Party for National Development (UPND), a losing aspiring candidate, that it must invoke powers that the Commission does not possess in order to nullify the nomination and eventual election of Mr. Bright Nundwe of the Forum for Development and Democracy (FDD) as candidate for Chawama Constituency.
At the outset, it is important to place the matter squarely within the law. The Electoral Commission of Zambia Act, which Mr. Muunda purports to rely on, contains no Section 35 granting the Commission authority to invalidate a candidate’s nomination. Elections in Zambia are governed primarily by the Electoral Process Act, and Section 35 of that Act does not confer any power whatsoever on the ECZ to cancel or invalidate a nomination on the grounds alleged by Mr. Muunda.
The law is settled and unambiguous. Where a person is dissatisfied with the nomination or election of a candidate, the Electoral Process Act provides a specific and exclusive remedy. Mr. Morgan Muunda’s only lawful option is to file an election petition within fourteen (14) days under Section 100(3) read together with Section 96(1)(a) of the Electoral Process Act. Attempts to short-circuit this process by inviting the ECZ to act outside its mandate are legally untenable and constitutionally dangerous.
The Consortium further notes that the ECZ’s corrective powers under Section 76 of the Electoral Process Act are strictly limited to the correction of errors committed by an electoral officer in the tabulation of results, and only within seven (7) days after the declaration of results. These powers do not extend to revisiting nominations or disqualifying candidates after the fact.
Beyond the immediate dispute, the Consortium takes the considered view that the argument suggesting that a candidate must be a registered voter in the very constituency they seek to contest raises a serious constitutional question. Neither the Constitution of Zambia nor the Electoral Process Act expressly provides that a parliamentary candidate must be registered as a voter in the constituency they wish to contest. This issue, if contested, is one that properly belongs before the Constitutional Court for authoritative interpretation, not before the ECZ through administrative pressure.
We therefore call upon the ECZ to defend its institutional integrity, adhere strictly to the law, and resist being drawn into actions that would be illegal, unconstitutional, and capable of undermining public confidence in the electoral process.
Finally, the Consortium appeals to Mr. Muunda and to all persons intending to contest elections in August 2026 to familiarise themselves with the Constitution and electoral laws. Political ambition must never override the rule of law. Zambia’s democracy is best protected when disputes are resolved through lawful, orderly, and constitutional means, not through misdirected demands on independent institutions.
Issued by
Solomon Ngoma
DEPUTY CHAIRPERSON
Consortium of Civil Society on Governance & Constitutionalism