Rights activist, Changala, petitions constitutional court to halt Mfuwe by-election over alleged constitutional breach

Civil rights activist, Brebner Changala, has petitioned the Constitutional Court to cancel the forthcoming Mfuwe by-election, arguing that it violates the Constitution.

In a petition filed on July 16, Changala named Brian Kunda of the National Democratic Congress (NCP), Charles Mubanga of the Socialist Party, Malama Mfunelo of the United Party for National Development (UPND), the Attorney General, and the Electoral Commission of Zambia (ECZ) as respondents.

Changala contended that it ECZ, as the fifth respondent, breached Article 70(2)(f) of the Constitution (Amendment) Act No. 2 of 2016 when it proceeded with the nomination and validation process for the Mfuwe by-election scheduled for August 7, 2025.

In his petition, Changala argued that the by-election was called despite the absence of a valid vacancy, as the incumbent Member of Parliament, Maureen Mabonga, was not serving a sentence of imprisonment at the time nominations were conducted on July 9.

He contended that Article 70(2)(f) clearly states that a person is disqualified from being elected as an MP if they are serving a prison sentence under any written law.

Since Mabonga was not under such disqualification, Changala submitted that the ECZ acted unconstitutionally by proceeding with the nomination of the three candidates.

He is seeking a declaration that the ECZ contravened the Constitution and that the nominations of Kunda, Mubanga, and Mfunelo are null and void.

He is also equesting the Constitutional Court to order the cancellation of the Mfuwe by-election.

Mabonga was in May sentenced eight months for seditious practices by the Lusaka Magistrates’ court but she is currently on bail.

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