By 
Economic Freedom Fighters (EFF) president, Kasonde Mwenda, has challenged the Electoral Commission of Zambia’s (ECZ) decision to cancel the parliamentary election process in Mandevu Constituency and call a fresh poll, asking the High Court to suspend the election scheduled for November 5.
Mwenda has filed an ex-parte application for leave to apply for judicial review, challenging the ECZ decision announced on August 28, 2026, and subsequent decisions, notices and directions to abandon the earlier election process and conduct a fresh poll.
The application, filed at the Principal Registry of the High Court for Zambia in Lusaka under cause number 2026/Htr/1316, cites the ECZ as the first respondent and the Attorney-General as the second respondent, with Mwenda as the applicant.
The application was stamped by the court on November 2, 2026, and brought under Order 53 of the Rules of the Supreme Court, 1997 Edition. It also invokes Articles 1, 2, 45, 46, 57, 73, 118, 119 and 229 of the Constitution of Zambia.
According to the court document and a statement issued by Mwenda, the ECZ has scheduled a fresh election in Mandevu Constituency for November 5 after abandoning the earlier process.
“We have formally challenged the Electoral Commission of Zambia over the legality of its decision to cancel and proceed with holding another election in Mandevu Constituency,” Mwenda said.
He argued that the commission had acted beyond its legal mandate and assumed powers constitutionally vested in the High Court.
“Our position is clear: the ECZ has acted beyond its lawful mandate and, in our view, usurped powers constitutionally vested in the High Court,” he said.
Mwenda further argued that there was no legal provision empowering the commission to abandon the earlier process and order a fresh election.
“There is no legal provision or authority empowering the Commission to take the action it has taken,” he said.
In the application, Mwenda is seeking a stay of the November 5 election pending determination of the legal issues surrounding the ECZ’s decision.
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“We have asked the High Court to intervene by staying the announced election scheduled for 5 November 2026, pending the determination of the legal issues surrounding the matter,” he said.
He said questions relating to legality and constitutional authority should be resolved by the courts rather than through unilateral administrative decisions by the commission.
“This is about more than an election. It is about constitutional order, respect for the rule of law, and ensuring that every public institution operates within the limits of its legal mandate,” Mwenda said.
He confirmed that the application had been received by the High Court, citing the registry stamp dated November 2, 2026.
“The rule of law must prevail! We are pleased to confirm that our application has been successfully received by the High Court,” he said.
Mwenda said the case was intended to ensure that public institutions operated within their legal limits and urged that the law be allowed to take its course.
“Let the law take its course. Let justice prevail. Wherever we want to go our feet will take us there. Ni pamakasafye,” he said.
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