By 
The Constitutional Court will on July 31, 2026 hear and deliver judgment in two landmark electoral matters that could fundamentally reshape how presidential elections are conducted in Zambia.
The first matter concerns Article 110 of the Constitution, which provides for a joint ticket of a presidential candidate and a running mate.
Applicant Isaac Mwanza had asked the Court to declare that once nominations were filed and closed, neither a presidential candidate nor a running mate may resign, withdraw, or step down.
His argument is that the joint ticket is “locked in” at nomination to preserve stability and prevent last-minute manipulation of the ballot.
In the alternative, the applicant wants the Court to hold that if withdrawal or resignation is permitted after nominations, then the entire joint ticket must fall away.
That means if either the presidential candidate or the running mate exits, the ticket collapses and cannot continue with a replacement.
The Electoral Commission of Zambia (ECZ) has submitted that there is no provision in the Constitution or electoral law allowing for the resignation, withdrawal, or stepping down of presidential candidates or running mates.
The Attorney-General, however, has argued that running mates who resign must be replaced.
The case comes amid growing concern over the high number of running mates and candidates withdrawing ahead of the 2026 General Elections.
Legal experts say the judgment will clarify succession within a presidential ticket and will directly shape the rules on withdrawals and resignations in future Zambian elections.
On the same day, the Court will deliver judgment in a separate but equally consequential matter on independent candidates and the interpretation of _Article 51(a) of the Constitution.
That article sets two conditions: a candidate must not be a member of a political party, and must not have been a member of a political party for at least 2 months before the election.
The dispute is over when those conditions must be met.
Read More: Lawyer, Kasonde, says constitutional amendment process fell short of standards
The Consortium of Civil Society Organisations and the ECZ have argued that both requirements must be satisfied at the point of filing nominations.
They contend that allowing someone to resign from a party after filing would defeat the purpose of the 2-month cooling-off period and open the door to last-minute defections.
The Attorney-General, on the other hand, has contended that resignation can occur after nominations, provided the candidate is not a party member on polling day.
The issue has become problematic because the Constitution does not specify the exact timing, leaving the ECZ without a clear standard to apply during nominations.
The Court’s decision will determine how accessible the ballot is to independents in 2026 and beyond, and whether the 2-month rule is a hard eligibility test or a flexible one.
Both rulings are being closely watched by political parties, civil society, and the ECZ.
With the 13 August elections approaching, the Court’s pronouncements on running mates, joint tickets, and the qualification of independents are expected to remove ambiguity, guide the electoral process, and set binding precedent for future polls.
WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.
Comments