As Zambia heads towards its 13 August general election, a court challenge is exposing deep legal uncertainties around the country’s presidential running‑mate system, raising questions about whether withdrawn running mates affect the validity of a presidential ticket and whether replacements can be nominated after nominations have closed.
The case, brought before the Constitutional Court, has become a focal point in an election season already marked by unexpected withdrawals and shifting alliances.
Attorney General Mulilo Kabesha has asked the court to clarify the legal position after governance activist Isaac Mwanza petitioned for guidance on what happens when a presidential candidate or running mate resigns after the nomination window closed between 18 and 22 May.
Zambia introduced the running‑mate system through constitutional reforms to ensure continuity in the presidency but amendments passed in 2025 repealed earlier provisions that allowed candidates who resigned, died or became disqualified before the first round of voting to be replaced.
Mwanza argues this has created a legal gap that now sits at the centre of the dispute.
The issue gained urgency after several candidates and running mates withdrew from the race.
Andyford Banda stepped down as running mate to Organised People’s Party candidate Brian Mushimba on 27 June, while Moses Mawere withdrew from Citizens First candidate Harry Kalaba’s ticket.
Liberal Democratic Party presidential candidate Xavier Chungu abandoned his own bid and endorsed Brian Mundubile, and John Nyirenda later withdrew as running mate to independent candidate Given Katuta.
Mwanza’s petition argues that because presidential candidates and running mates are jointly nominated under Section 30 of the Electoral Process Act, the withdrawal of one raises questions about the validity of the entire ticket.
The Electoral Commission of Zambia told the court that resignations were submitted only after ballot papers had already been printed and packaged and argued that votes cast for candidates who resign after printing should not be counted.
Kabesha, however, submitted that a presidential candidate should still be treated as validly elected even if a running mate resigns after nomination or election day, citing Article 110(3), which treats votes cast for a presidential candidate as votes for the running mate.
He argued that candidates should be allowed to nominate replacements and that withdrawn names should be removed from the ballot where possible.
JN/APA