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Socialist Party Presidential candidate, Fred M’membe and his running mate, Dolika Banda, have told the Constitutional Court that their nominations for the 2026 General Election were valid and that Banda possessed qualifications equivalent to a Grade 12 certificate.
The two have asked the court to dismiss a petition challenging their eligibility to contest the offices of President and Vice-President respectively.
In a joint affidavit opposing the petition, M’membe and Banda state that on May 28, 2026, they were served with a petition filed by Isaac Mwanza and the Consortium of Civil Society Organisations on Governance and Constitutionalism, challenging the legality of their nominations.
They explain that their participation in the electoral process under the Socialist Party ticket followed properly conducted nomination procedures overseen by the Electoral Commission of Zambia (ECZ).
Read more: Socialist Party leader, M’membe, to stand trial on espionage charge on April 20
According to the affidavit, M’membe successfully filed his nomination papers on May 21, 2026, as the Socialist Party presidential candidate, with Banda duly nominated as his running mate.
The Electoral Commission subsequently issued certificates of nomination confirming their candidatures.
The respondents state that prior to the issuance of the nomination certificates, both candidates underwent what they describe as a thorough and rigorous vetting process by the electoral body to ensure compliance with constitutional and legal requirements governing eligibility.
They maintain that both candidates satisfied all the prescribed constitutional criteria for nomination.
Banda specifically states in the affidavit that she possesses qualifications equivalent to a Zambian School Certificate (Grade 12 Certificate), as determined and confirmed in writing by the Electoral Commission.
“We were duly issued with a certificate of nomination by the Electoral Commission of Zambia confirming our candidature after meeting all constitutional requirements.”
The two further submit that the Constitutional Court has previously held that no action can be sustained against candidates in circumstances falling under Article 52(4) of the Constitution.
In their response, they also raise a preliminary objection to the standing of the petitioners, stating that they are not aware of the legal registration status of the Consortium of Civil Society Organisations on Governance and Constitutionalism.
They argued that while the Constitutional Court had jurisdiction to hear electoral disputes, such matters must be brought by persons or entities with the legal capacity to sue or be sued in their own right or in a recognised representative capacity.
The respondents further contend that the petitioners’ allegations concerning disclosure obligations by the Electoral Commission are matters of law and that no statutory provision has been cited requiring the ECZ to publish the information in question.
M’membe and Banda deny all allegations contained in the petition and maintain that the Electoral Commission acted within its legal mandate in accepting their nominations after satisfying itself that both candidates met the constitutional requirements.
They have therefore urged the Constitutional Court to dismiss the petition in its entirety, arguing that no cause of action can be sustained against them and that the petitioners are not entitled to any of the reliefs sought.
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