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Independent Parliamentary Candidate for Kalomo Central, Hyde Haguta, has filed for Judicial Review in the High Court challenging the Electoral Commission of Zambia’s decision to remove his name from the ballot for the August 13, 2026 General Elections.
Haguta said the application was made through his legal representatives and targets ECZ’s letter dated July 21, 2026 purporting to exclude him from contesting in Kalomo Central Constituency on pretext that he had withdrawn from the race before nominations.
According to Haguta, his name was omitted from the final ballot papers published on ECZ’s official website despite having been validly nominated and having formally notified the Commission on 9 June 2026 that he remained in the race.
He said the matter raised fundamental questions about constitutional democracy and the mandate of independent institutions ahead of the polls.
“The Commission’s decision is unlawful, procedurally unfair, irrational, unreasonable, unconstitutional, and made without legal authority,” Haguta said.
He detailed a timeline of engagements with ECZ, stating that on or about July 20, 2026 he was alerted to plans to remove his name and immediately contacted Chief Electoral Officer, Brown Kasaro for verification.
He said on July 21, 2026 ECZ wrote to him claiming there was no mechanism under the law for a candidate who had withdrawn or resigned to return to the ballot, a premise Haguta disputes because he reportedly did neither.
“I immediately challenged the Commission’s position in writing, explaining that its decision was unsupported by law and inconsistent with both the Constitution of Zambia and the applicable electoral framework,” Haguta said.
He stated that he requested ECZ to correct its decision and retain his name, but received no response and later sought clarification directly from the ECZ Chairperson on July 24, 2026, but that the explanations provided did not address the legal issues raised.
On July 27, 2026, Haguta said he issued a formal demand letter giving ECZ until 12:00 hours on 28 July 2026 to respond, failing which he would seek court intervention.
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“The Commission did not yet again respond, and todate has given no indication of its interest to discuss the issue, yet I am aware it has retained some Independent Candidates it had removed from the ballot,” Haguta said.
He said having exhausted administrative avenues, he had now placed the matter before the High Court seeking an Order of Certiorari to quash ECZ’s 21 July decision, an Order of Prohibition to restrain implementation of the removal, and an Order of Mandamus compelling ECZ to include his name as a validly nominated candidate for Kalomo Central.
Haguta argued that the case extended beyond his candidacy and touched on the integrity of Zambia’s electoral process and accountability of constitutional bodies.
“This matter is not merely about one candidate. It concerns the integrity of Zambia’s electoral process, the supremacy of the Constitution, the accountability of independent constitutional institutions, and the principle that no public authority is above the law,” he said.
Haguta expressed confidence that the High Court would determine the matter according to the Constitution and the law, and appealed to residents of Kalomo Central and Zambians at large to remain calm and law-abiding as the case proceeds.
He said court documents including the Application for Leave to Commence Judicial Review, Supporting Affidavit, and Certificate of Urgency had been attached for public and media appreciation, and stressed that the pursuit of electoral justice must be done within the law.
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