State says independent candidates should only meet two-month rule by election day The State has urged the Constitutional Court to interpret Zambia’s Constitution as requiring aspiring independent candidates to have been out of political parties for at least two months before election day, rather than before the nomination process. Lusaka, 1 July – The submission […]

State says independent candidates should only meet two-month rule by election day

The State has urged the Constitutional Court to interpret Zambia’s Constitution as requiring aspiring independent candidates to have been out of political parties for at least two months before election day, rather than before the nomination process.

Lusaka, 1 July – The submission comes in response to a constitutional petition filed by the Consortium of Civil Societies for Good Governance and Constitutionalism, which is seeking judicial clarification on when the constitutional qualification for independent candidates becomes effective.

The consortium, led by Clifton Mayaba Chifuwe, has sued the Attorney General and the Electoral Commission of Zambia (ECZ), asking the court to determine whether compliance with Article 51(a) of the Constitution should be assessed at the time nomination papers are filed or only on polling day.

The petitioners are also seeking guidance on whether a candidate’s failure to satisfy the constitutional requirement can lawfully be used to reject nomination papers under Article 52(4) of the Constitution.

In his response before the Constitutional Court, Attorney General Mulilo Kabesha opposed the petition, arguing that the Constitution is explicit on when the qualification for independent candidates becomes operative.

Mr Kabesha submitted that Article 51(a) deliberately links the two-month requirement to election day and not to the nomination process. He argued that interpreting the provision otherwise would defeat the intention of the Constitution.

“The two-month period prescribed in the Constitution is fixed and cannot be varied by any court or authority,” he submitted.

According to the Attorney General, the constitutional requirement does not apply retrospectively to the nomination process but only becomes relevant in determining whether a candidate is eligible to contest on election day.

He argued that compliance with Article 51(a) should therefore be measured based on a candidate’s eligibility on polling day rather than during nominations.

Mr Kabesha further submitted that where an independent candidate fails to satisfy the constitutional requirement, the matter should not be resolved at the nomination stage. Instead, he argued, such disputes should be dealt with through an election petition after election results have been declared.

The Attorney General also urged the court to interpret Articles 51(a) and 52 together, saying the provisions governing qualifications for election and nomination procedures should be read harmoniously to preserve consistency within Zambia’s constitutional and electoral framework.

To support the State’s position, Mr Kabesha cited preparatory constitutional documents, including the 2013 Technical Committee Report and the Parliamentary Select Committee Report.

He argued that the constitutional framers intended Article 51(a) to prevent individuals from resigning from political parties and immediately contesting elections as independent candidates by requiring them to observe a mandatory two-month separation period before election day.

The Constitutional Court is expected to determine whether the constitutional requirement should be enforced at the nomination stage or only by the time voters head to the polls a decision that could shape the eligibility of independent candidates in future elections.

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