CONCOURT RULES RUNNING MATE CANNOT RESIGN AFTER BEING VALIDLY NOMINATED The Constitutional Court has ruled that a running mate cannot resign or withdraw from an election after being validly nominated. In its judgment delivered today, the court stated that the Constitution requires a running mate to remain on the ballot from the filing of nomination […]

CONCOURT RULES RUNNING MATE CANNOT RESIGN AFTER BEING VALIDLY NOMINATED

The Constitutional Court has ruled that a running mate cannot resign or withdraw from an election after being validly nominated.

In its judgment delivered today, the court stated that the Constitution requires a running mate to remain on the ballot from the filing of nomination papers through to polling day, except in the event of death.

The ruling comes in a matter in which Governance Activist Isaac Mwanza had asked the court to interpret constitutional provisions governing the withdrawal, resignation, or stepping down of a presidential candidate or running mate, and the effect such actions would have on the electoral process.

This followed the withdrawal of two duly nominated vice-presidential running mates, Mosese Mawere and Andyford Banda, who announced after the close of nominations that they were withdrawing from their respective presidential tickets and supporting other presidential candidates.

The court held that Articles 110, 45 and 52 of the Constitution do not permit a running mate to assume the position of presidential candidate in such circumstances.

Instead, it found that the Constitution requires a fresh nomination process to be conducted in accordance with the law.

It also clarified that where a presidential candidate or running mate withdraws before ballot papers are printed, the Electoral Commission of Zambia is required to remove that person’s name from the ballot because the individual would no longer be eligible to participate in the election.

However, the court noted that where a resignation or withdrawal occurs after ballot papers have already been printed, it may not be practical to remove the candidate’s name, adding that in such circumstances, the name may remain on the ballot paper for practical reasons, but any votes cast in favour of that candidate would not constitute valid votes for purposes of determining the outcome of the presidential election.

By Nelson Zulu