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The Constitutional Court of Zambia has dismissed a petition challenging the Electoral Commission of Zambia’s delimitation exercise, ruling that the process did not violate the Constitution.
The matter was brought by Peter Sinkamba, who sought to halt the implementation of the proposed 211 constituencies and prevent the certification of the voters’ register.
Delivering judgment, the seven-member bench presided over by Arnold Shilimi stated that the petition lacked merit.
“There is no constitutional or statutory provision explicitly prescribing the sequence in which voter registration and delimitation must be undertaken,” the court said.
The judges explained that Article 46, which governs voter registration, operates independently from Article 58, which regulates delimitation. As such, the court held that the two processes are distinct and can be undertaken in any order.
“The functions of voter registration and delimitation of electoral boundaries are distinct and constitutionally assigned to the Electoral Commission of Zambia,” the court said.
Mr. Sinkamba had argued that conducting delimitation after voter registration could lead to voter disenfranchisement and confusion, as individuals might find themselves placed in constituencies where they did not originally register.
However, the court rejected this argument, noting that the petitioner had failed to demonstrate a constitutional breach or justify the relief sought.
“We find that the petition is essentially seeking to restrain the commission from performing its constitutional mandate. Such orders cannot be granted in the absence of a proven violation,” the judges said.
The court added that any grievances related to delimitation must be addressed through the specific review mechanism provided under Article 58 of the Constitution.
Following the ruling, Mr. Sinkamba expressed concern that the process could negatively affect voters’ ability to choose leaders of their preference.
He stated that while he would respect the court’s decision, he remained concerned about its implications for democratic participation.
“The process should be logical and allow people to vote for leaders they know and prefer,” he said.
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