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The Constitutional Court has ruled that the continued failure to enact the Political Parties Act is unconstitutional and directed the State to ensure the law is in place within 12 months, while maintaining the applicability of the Societies Act.
The ruling followed a petition by the Legal Resources Foundation Limited (LRF), represented by State Counsel John Sangwa, which sought declarations against the State for failing to implement Article 60(4) of the Constitution requiring legislation to regulate political parties.
LRF, through its lawyers, argued that the absence of the law had left political parties operating under the Societies Act, a colonial-era statute that does not adequately address issues such as funding, transparency and equitable participation.
In a judgment read by Justice Mudford Mwandenga, the Court agreed that the delay in enacting the law amounted to a violation of the Constitution. It held that the obligation placed on Parliament was mandatory and could not be postponed indefinitely.
The Court noted that although the Constitution did not provide a specific deadline, the prolonged inaction—nearly 10 years—was unreasonable.
It further found that the State had failed to provide credible justification for the delay, pointing out that a draft Bill prepared in 2017 had stalled at the consultation stage.
The State, through the Attorney-General, had argued that there was no constitutional timeframe for enactment and cited budgetary limitations as a contributing factor. But the Court dismissed these reasons, stressing that constitutional supremacy required timely compliance.
On whether continued reliance on the Societies Act was unconstitutional, the Court ruled that the law remains in force.
It held that existing legislation continued to apply as long as it was interpreted in line with the Constitution.
The Court also declined to determine whether the absence of the Political Parties Act would affect the credibility of the 2026 general elections, saying no evidence had been presented by the petitioner to support the claim.
The Court declared the State’s failure to enact the law unconstitutional and ordered it to take the necessary steps to give effect to Article 60(4) within 12 months.
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