ConCourt clarity sought on running mates' withdrawal

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, reports the Lusaka Times. 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 In his affidavit, Mwanza argues that constitutional amendments passed in 2025 repealed provisions that previously allowed candidates who resigned, died or became disqualified before the first round of voting to be replaced, leaving what he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 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 A further running mate, John Nyirenda, has since withdrawn from independent presidential candidate Given Katuta’s ticket. The Lusaka Times says in his submission, 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.