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A legal question over the future of presidential tickets ahead of Zambia’s August 13 general election is now before the Constitutional Court, with governance activist, Isaac Mwanza, seeking clarity on whether a presidential candidate can remain in the race after a vice-presidential running mate withdraws or resigns.
The application follows the withdrawal of two duly nominated vice-presidential running mates, Mosese Mawere and Andyford Banda, who announced after the close of nominations that they were withdrawing from their respective presidential tickets and supporting other presidential candidates.
In an originating summons filed before the Constitutional Court, Mwanza is asking the court to interpret constitutional provisions governing presidential candidates and their running mates and determine the legal consequences of such withdrawals on the electoral process.
Among the questions he wants the court to answer is whether Articles 110(1) and 110(3), read together with Article 52(6)(a) of the Constitution, require a presidential candidate to maintain a validly nominated vice-presidential running mate throughout the electoral process.
He is also seeking a determination on whether the Electoral Commission of Zambia (ECZ) is constitutionally required to remove the name of a presidential candidate or running mate from the ballot paper where either withdraws, resigns or otherwise steps down before polling day.
Further, Mwanza wants the court to clarify whether votes cast for a presidential candidate whose running mate has withdrawn remain valid and capable of influencing the outcome of an election conducted under Zambia’s majoritarian electoral system.
In an affidavit supporting the application, Mwanza stated that the 2016 constitutional amendments introduced the election of the Vice-President as a running mate on a joint presidential ticket.
He said the constitutional framework at the time provided mechanisms for replacing candidates who resigned, died or were disqualified by a court.
However, Mwanza argued that the 2025 constitutional amendments repealed and replaced provisions that previously permitted fresh nominations, leaving no clear constitutional mechanism for replacing candidates who resign or become disqualified before the first round of voting.
“The questions raised herein involve the proper interpretation of the Constitution and require urgent determination in order to provide certainty to candidates, political parties, the respondent and the electorate,” Mwanza stated in his affidavit.
He stated that the Electoral Commission of Zambia conducted nominations between May 18 and 20, 2026, during which 14 presidential candidates and their running mates were jointly declared duly nominated.
According to the affidavit, after the close of nominations, one presidential candidate and two vice-presidential running mates publicly announced their withdrawal from the election and declared support for other presidential candidates.
Mwanza cited the withdrawals of Mawere and Banda as circumstances giving rise to uncertainty over the legal status of presidential tickets.
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He further stated that the ECZ has issued guidance indicating that the election would proceed even where candidates who successfully filed nominations subsequently withdraw, but argues that uncertainty remains over what would happen if a presidential candidate whose running mate had withdrawn were declared elected.
The activist also refers to a public notice issued by the ECZ on July 9, 2026, stating that July 6, 2026, was the cut-off date for candidate resignations in the 2026 General Election.
“This Honourable Court has jurisdiction to determine whether the votes cast in favour of a presidential candidate whose running mate has withdrawn, resigned or otherwise become unavailable ought to be taken into account when determining whether the constitutional threshold for election under the majoritarian electoral system has been attained,” Mwanza stated.
He is asking the Constitutional Court to determine whether candidates who withdraw after nominations can lawfully remain on the ballot paper and whether votes cast for such candidates or presidential tickets can produce legal consequences in determining the outcome of the presidential election.
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