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Former Lumezi Member of Parliament, Munir Zulu, has petitioned the Constitutional Court to stop the Electoral Commission of Zambia (ECZ) from conducting a by-election in his former constituency, following the declaration of his seat as vacant after a criminal conviction.
Zulu, who was sentenced to 12 months’ imprisonment in April 2025 for criminal defamation, argues that the declaration of the seat as vacant was premature and unconstitutional, as he has not yet exhausted the appeal process.
He has cited the Attorney General, the Speaker of the National Assembly, and the ECZ as respondents in the matter filed by his legal team, Joseph Chirwa and Associates.
In the petition, Zulu contends that his right to appeal up to the Supreme Court remains intact and that a conviction by a lower court does not automatically disqualify him from holding a parliamentary seat.
He was convicted on April 7, 2025, by Chief Resident Magistrate Davies Chibwili, over defamatory statements made in 2023 against Finance Minister Situmbeko Musokotwane and Infrastructure Minister Charles Milupi.
Following his conviction, the National Assembly informed the ECZ of the vacancy in a letter dated April 8, prompting the Commission to begin preparations for a by-election scheduled for June 26, 2025.
However, Zulu insists the move was unconstitutional and that neither the Speaker nor the ECZ had the authority to act while his appeal was pending.
He argued that the steps taken violated his constitutional rights under Articles 18 and 120, which guarantee the right to a fair trial and recognize the court hierarchy.
He has also challenged the precedent set by the Constitutional Court in The People v Attorney General ex parte Nickson Chilangwa (2024/CCZ/R001), which held that an MP automatically loses their seat upon imprisonment, even if an appeal is pending.
Zulu claimed that the ruling was made per incuriam—without full consideration of constitutional rights—and should be declared null and void.
Zulu seeks several remedies, including declarations invalidating both the Chilangwa judgment and the ECZ’s decision to proceed with the by-election. He is also requesting an injunction to halt all electoral processes in Lumezi until the petition is determined.
He warned that if the respondents’ actions are not stayed, his ongoing legal challenge would be rendered futile and academic.
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