Attorney General Mulilo Kabesha has asked the Constitutional Court to determine the legal position where a nominated presidential candidate or running mate resigns or withdraws from the race after the close of nominations, ahead of Zambia’s 13 August general election. The…

Attorney General Mulilo Kabesha has asked the Constitutional Court to determine the legal position where a nominated presidential candidate or running mate resigns or withdraws from the race after the close of nominations, ahead of Zambia’s 13 August general election.

The application responds to a petition filed by governance activist Isaac Mwanza, who has cited the Electoral Commission of Zambia and is seeking clarity on the consequences of a presidential candidate or running mate stepping down after nominations closed between 18 and 22 May. Mr Mwanza wants the court to determine whether a presidential candidate must maintain a validly nominated running mate throughout the electoral process, and whether a running mate’s withdrawal affects the validity of the presidential election itself.

In his affidavit, Mr Mwanza argues that constitutional amendments passed in 2025 repealed provisions that previously allowed candidates who resigned, died or became disqualified before the first round of voting to be replaced, leaving what he describes as a legal gap. He states that after nominations closed, one presidential candidate and two vice-presidential running mates publicly announced their withdrawal before declaring support for other presidential candidates.

The withdrawals cited include Andyford Banda, who stepped down as running mate to Organised People’s Party candidate Brian Mushimba on 27 June, and Moses Mawere, who withdrew as running mate to Citizens First candidate Harry Kalaba. Liberal Democratic Party presidential candidate Xavier Chungu also withdrew his own candidacy in late June, subsequently endorsing National Reconciliation Party for Unity and Prosperity candidate Brian Mundubile. A further running mate, John Nyirenda, has since withdrawn from independent presidential candidate Given Katuta’s ticket.

Mr Mwanza’s petition, citing Section 30 of the Electoral Process Act, argues that a presidential candidate and running mate are jointly nominated and derive a single democratic mandate from voters, making the two positions inseparable in law. He has asked the court to determine whether the Electoral Commission is constitutionally obliged to remove a withdrawn candidate’s name from the ballot, whether a presidential candidate may nominate a replacement running mate, and whether votes cast for an affected ticket would remain valid.

The Electoral Commission has told the court that the resignation letters from Mr Banda and Mr Mawere were received only after ballot papers bearing their names had already been printed, serialised and packaged. Commission officials submitted that despite the resignations, the Commission remains constitutionally obliged to proceed with the 13 August election, and argued that votes cast for a candidate who resigns after ballot papers have been printed should not be counted.

In his submission, Mr Kabesha argued that where a running mate resigns or dies after ballot papers have already been printed, the presidential candidate should nonetheless be treated as validly elected, with votes cast for that ticket remaining valid. “In the event that a presidential candidate’s running mate resigns after nomination or election day, the presidential candidate should be allowed to nominate a replacement running mate,” he states in his submission.

He cited Article 110(3) of the Constitution, which provides that a vote cast for a presidential candidate is deemed also to be a vote for the running mate, arguing this provision supports treating the presidential ticket as intact even where the running mate position later becomes vacant. Mr Kabesha further submitted that where a resignation occurs before polling day, the presidential candidate should be permitted to nominate a replacement, and that the Electoral Commission should be required to remove the name of any withdrawn candidate or running mate from the ballot ahead of the vote.

Constitutional law commentators have noted that the dispute stems partly from the Constitutional Court’s earlier position that a nominated candidate cannot formally resign from being an electoral candidate, an interpretation some argue sits uneasily against the reality that several running mates have already quit their political parties and publicly distanced themselves from their tickets.

No hearing date has yet been announced. The ruling is expected to guide how the Electoral Commission handles the ballots of affected candidates on polling day, with the Commission having indicated it is awaiting the court’s direction before finalising its position.