Presidential running mates have no right to quit the race, constitutional court rules

The Constitutional Court has ruled that a presidential running mate has no constitutional right to withdraw or resign from a presidential ticket after nominations have closed, holding that the only exception recognised by the Constitution is where the running mate dies.

In a landmark judgment, the court held that once a presidential candidate and a running mate are duly nominated by the Electoral Commission of Zambia (ECZ), they constitute a single candidature that cannot be separated by the unilateral decision of either party.

The ruling resolves legal uncertainty that emerged after several presidential running mates announced their withdrawal following the close of nominations, raising questions over the eligibility of the affected presidential candidates to remain in the August 13 general election.

Among those who withdrew were Moses Mawere, who had been nominated as running mate to Citizens First presidential candidate Harry Kalaba, Andyford Banda, who was the running mate to Organised People’s Party (OPP) presidential candidate Brian Mushimba, and John Nyirenda, who had been nominated as running mate to independent presidential candidate Given Katuta.

The withdrawals prompted debate over the constitutional status of presidential candidates whose running mates stepped down after being validly nominated.

In its judgment, the Constitutional Court held that the Constitution does not provide for the resignation or withdrawal of a presidential running mate after nominations have been completed.

The court said the only circumstance expressly recognised by the Constitution is the death of a running mate, for which the law provides a mechanism to fill the vacancy.

The judges found that there was no corresponding constitutional provision permitting a running mate to voluntarily resign or withdraw from a presidential ticket after nomination.

The court observed that a presidential candidate and a running mate are presented to the electorate as a single joint ticket and that permitting one component of the ticket to withdraw after nominations would undermine the constitutional framework governing presidential elections and create uncertainty in the electoral process.

It further held that the nomination stage was the point at which ECZ confirmed the candidates eligible to contest the election and that any subsequent alteration to a presidential ticket must be expressly authorised by law.

The ruling affirmed that a duly nominated presidential ticket remained intact throughout the electoral process and that a running mate cannot voluntarily exit the race after the close of nominations.

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