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The Electoral Commission of Zambia (ECZ) has asked the Constitutional Court to dismiss former Lumezi Member of Parliament, Munir Zulu’s petition challenging the declaration of his parliamentary seat as vacant, arguing that it was simply carrying out its constitutional duties.
In its affidavit, the ECZ stated that it was constitutionally mandated under Article 57 to conduct a by-election within 90 days of being notified of a vacant seat, regardless of whether the affected individual has filed an appeal.
“The issue of an appeal does not negate the constitutional responsibility of the Commission to proceed with the electoral process once a vacancy is formally communicated,” the Commission said.
It also maintained that the scheduling of a by-election—including the date and venue—is strictly within its jurisdiction.
The ECZ denied all allegations in Zulu’s petition and argued that he was not entitled to the reliefs he seeks, stating: “The petitioner will be put to strict proof of his claims.”
Chief Electoral Officer Brown Kasaro, in a supporting affidavit, said the Commission operates within a defined legal framework, which includes the Constitution, the Electoral Process Act No. 35 of 2016, and its regulations.
Kasaro explained that the ECZ has no discretion to delay the electoral process once a vacancy is declared, and must move promptly to organise a by-election.
Zulu is contesting the June 26, 2025, by-election in Lumezi, which follows the National Assembly’s decision to declare his seat vacant after his conviction for criminal libel in April.
He was sentenced to 12 months in prison on April 7, 2025, by Lusaka Chief Resident Magistrate Davies Chibwili. The charge stemmed from remarks he made in 2023 against Finance Minister Situmbeko Musokotwane and Infrastructure Minister Charles Milupi.
Through his lawyers, Joseph Chirwa and Associates, Zulu has argued that the declaration of his seat as vacant was premature because his appeal is still active.
He claims a lower court conviction does not automatically disqualify him from serving as MP.
However, the Speaker of the National Assembly officially notified the ECZ of the vacancy on April 8, prompting the Commission to begin preparations for a by-election.
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