The Constitutional Court has been asked to disqualify Citizens First presidential candidate Harry Kalaba and Organised People’s Party presidential candidate Brian Mushimba from the 13 August general election, after both men lost their running mates within days of each other in July.

Youth Alliance Party president Mark Mwachilenga filed the petition on 21 July, arguing that the two candidates can no longer lawfully participate in the presidential race because their running mates withdrew after nominations had closed. The Electoral Commission of Zambia is cited as the first respondent, with Kalaba and Mushimba named as the second and third respondents in their personal and party-presidential capacities.

According to the petition, ECZ published a list of validly nominated presidential candidates and their running mates on 29 June. Kalaba’s running mate was Moses Mawere, while Mushimba’s was Andyford Banda. Mwachilenga states that Banda issued a press statement on 3 July announcing his withdrawal as Mushimba’s running mate, and Mawere followed on 10 July, announcing his own withdrawal as Kalaba’s running mate.

The petitioner argues that these withdrawals left both presidential candidates without running mates and, consequently, without prospective candidates for the office of Vice-President. He contends that despite the withdrawals, ECZ has continued to recognise Kalaba and Mushimba as validly nominated presidential candidates, a decision he describes as unconstitutional and illegal.

Mwachilenga argues that allowing the two candidates to remain on the ballot violates several provisions of the Constitution, including Articles 90, 100(1), 110(3), 110(4) and (5), and Article 266. He submits that the Constitution requires the offices of President and Vice-President to be contested together, with the vice-president serving as a running mate, and that both offices must be elected, sworn in and assume office simultaneously.

“The withdrawal of the running mates to the second and third respondents invariably means that the said presidential candidates are participating in a presidential election without a running mate, and potentially without a candidate for the position of Vice-President-elect,” the petition states.

Mwachilenga is seeking a declaration that Kalaba and Mushimba are disqualified from participating in the 13 August presidential election because they no longer have running mates as required by the Constitution. He is also asking the court to order ECZ to proceed with the election using only qualified candidates, and to declare that the continued participation of the two respondents without running mates is unconstitutional and illegal.

As an alternative remedy, Mwachilenga is asking the court to allow Kalaba and Mushimba to select and appoint new running mates before polling day, rather than face outright disqualification. He states in his filing that he is a Zambian citizen, a registered voter, and president of the Youth Alliance Party, which is currently in the process of registration under Zambian law.

The petition lands against the backdrop of a recently amended constitutional framework. Under the country’s previous rules, the withdrawal of a presidential running mate after nominations had the potential to create legal uncertainty and disrupt the election calendar, with resignations of running mates capable of triggering a postponement of elections.

The Constitution of Zambia (Amendment) Act No. 13 of 2025 revised the procedures for handling changes involving candidates after nominations close. The amendments provide clearer guidelines allowing elections to proceed as scheduled where a candidate resigns or is disqualified after nominations, while reserving fresh nominations only for cases where a party-sponsored candidate dies before election day. It remains unclear how this amended framework will bear on the ConCourt’s determination of the petition, since the matter concerns the status of running mates rather than the presidential candidates themselves.

Neither Kalaba nor Mushimba had issued a public response to the petition at the time of publication. ECZ has also not issued a statement addressing the specific claims raised in the filing.

The case adds to a broader pattern of running mate turbulence that has emerged during this year’s nomination period. Independent presidential candidate Given Katuta was similarly left without a running mate after John Nyirenda withdrew, while the People’s Pact Initiative separately withdrew its endorsement of Socialist Party leader Fred M’membe following an internal leadership dispute.

With the Constitutional Court yet to set a hearing date, the outcome of the petition could materially affect the shape of the presidential ballot paper with just over two weeks remaining before Zambians go to the polls.

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