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Independent candidate, Gary Nkombo, and four other candidates have applied to the High Court for leave to commence judicial review proceedings against the Electoral Commission of Zambia (ECZ) over its decision to compel them to abandon the “Candle” symbol under which they had been campaigning ahead of the 2026 General Election.
The applicants are Gary Nkombo, who is contesting the Mazabuka Central parliamentary seat; Simon Mwila, a candidate for Lusaka Mayor; Michael Chuulu, aspiring Member of Parliament for Malambo West Constituency; Faith Lungu, contesting Malambo East Constituency; and Iris Kaingu Kamwi, who is standing in Mwandi Constituency.
The five are challenging ECZ Circular No. EC/101/1/29 dated June 6, 2026, which directed the withdrawal or replacement of the “Candle” symbol that had already been assigned to them.
They are seeking orders to quash the circular, prohibit its implementation, and compel the Commission to restore and maintain the “Candle” symbol for use in the forthcoming elections.
In a verifying affidavit, Simon Mwila states that all five applicants were duly nominated as independent candidates after complying with the requirements of the Electoral Process Act and related regulations.
Mwila explained that the applicants selected the “Candle” symbol from the ECZ register of approved symbols and subsequently applied for its registration in accordance with Regulation 8 of the Electoral Process (General) Regulations, 2016.
According to the affidavit, the Chief Electoral Officer approved and allocated the symbol to the applicants and issued confirmation letters validating the allocation.
The applicants contend that they relied on the approval and invested substantial financial, material and human resources in campaign activities using the symbol, including the production of posters, banners, flyers, branded clothing and social media materials.
However, they argue that ECZ later issued a circular directing them to select alternative symbols within a few days, failing which replacement symbols would be allocated by the Commission.
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They submit that the decision was made without prior notice or an opportunity to be heard, thereby breaching the rules of natural justice.
The applicants further argued that ECZ acted outside its legal authority because Regulation 8 mandates the registration of a symbol once it has been approved by the Chief Electoral Officer.
They also contend that the Commission’s earlier approval created a legitimate expectation that the “Candle” symbol would remain available for use throughout the electoral process.
The candidates are, therefore, asking the court to grant leave to commence judicial review proceedings, with such leave operating as a stay of the impugned circular pending determination of the substantive matter.
They are also seeking an order restoring the “Candle” symbol for use in the 2026 General Election.
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