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Independent parliamentary candidate, Gary Nkombo, has applied to be joined to Constitutional Court proceedings seeking an interpretation of Article 51(a) of the Constitution, which governs the eligibility of independent candidates.
Nkombo stated that he is a duly nominated independent candidate for Mazabuka Central Constituency and is directly affected by the constitutional questions before the court.
According to court documents, Nkombo was previously a member of the ruling United Party for National Development (UPND) but resigned before filing his nomination papers with the Electoral Commission of Zambia (ECZ) on May 20, 2026, ahead of the August 13 General Election.
He further stated that he formally notified the party of his resignation on May 22, 2026.
Nkombo argued that he is likely to be prejudiced by the outcome of the proceedings if he is not joined to the matter and that his participation is necessary to make representations on the legal issues under consideration.
“That neither the petitioners nor the respondents will be prejudiced if this court adds me to the proceedings in view of the stage of the proceedings and the nature of the proceedings,” Nkombo said.
He maintained that it is in the interest of justice for him to be added as a party to the case.
The matter arises from a petition filed by the Consortium of Civil Societies for Good Governance and Constitutionalism, which is seeking the Constitutional Court’s interpretation of when an aspiring independent candidate must resign from a political party in order to qualify for election under Zambia’s amended Constitution.
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At the centre of the dispute is Article 51(a), which provides that an independent candidate must be a person who:
“is not a member of a political party and has not been a member of a political party for at least two months immediately before the date of the election,” he said.
The consortium is asking the court to determine whether this constitutional requirement must be satisfied at the time of filing nomination papers or whether it may be fulfilled after nominations close, provided compliance is achieved before polling day.
The petitioners are also seeking clarification on whether a person who remains affiliated to a political party at the nomination stage can subsequently contest as an independent candidate after resigning, provided the constitutional requirement is met within the stipulated period.
Another issue before the court is whether nominations already accepted by the Electoral Commission of Zambia can be challenged under Article 52(4) where a candidate is later found not to have complied with Article 51(a), which requires eligibility qualifications to be met immediately before the date of the election.
The Constitutional Court is yet to determine Nkombo’s application for joinder and the substantive constitutional questions raised in the petition.
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