DOLIKA IS ELIGIBLE, SAYS CONCOURT

THE CONSTITUTIONAL Court of Zambia has dismissed a petition that challenged the qualification of Socialist Party presidential candidate Fred M’membe and his running mate Dolika Banda in the August 13 general election as the petitioner lacked proof in their matter.

In a judgement delivered by a full bench of the Constitutional Court, Justice Mary Kawimbe explained that the petitioner failed to prove their case when they relied on evidence from the respondent, making their case unachievable.

Justice Kawimbe explained that while the petition was correct before the Constitutional Court, a respondent’s answer cannot be used as evidence by the petitioner in his case or by any other parties thereof.

Any evidence provided by a respondent is only binding against the petitioner, and not to be used as evidence for their case.

Petitioners have adduced no evidence of their own to prove their case against the eligibility of Dr M’membe and Ms Banda in the forthcoming presidential race.

The court has explained that the position of running mate could not be separated from that of the presidential candidate as the failure for the running mate to qualify would affect the standing of the presidential candidate.

The court said there was no proof of the case against Ms Banda as the petitioner, Isaac Mwanza and the Consortium of Civil Society Organisations for Good Governance and Constitutionalism to prove that she did not possess a valid Grade 12 or equivalent.  

Mr Mwanza and the Consortium of Civil Society Organisations on Governance and Constitutionalism petitioned the Constitutional Court over the joint nomination of Dr M’Membe and Ms Banda as presidential and running mate respectively, candidates in the August 13, 2026 general election.

The petitioners cited Dr M’membe, Ms Banda, that they were ineligible to contest the general election that Ms Banda did not have a grade 12 certificate or equivalent, and so Dr M’membe and his running mate were not qualified in the nomination.   

Mr Mwanza and the Consortium cited Article (52) (5) as read together with 110(2) and 52(6)(b) of the constitution of Zambia chapter 1 of the laws of Zambia and Article 1, 2 100(1)(e), 110(1), 110(2), 110(3), 119, 128(1)(c) and 226 of the constitution, Chapter 1 of the laws of Zambia as read together with section 30 of the Electoral Process Act No. 35 of 2016 in their petition.

They petitioned the ECZ for their having accepted a nomination of Ms Banda when she did not possess a Grade 12 certificate or equivalent when she did not have English as a basis GCE qualification.

The Attorney General was cited being fourth respondent in the matter alleging that ECZ illegally validated the presidential nomination applications from the sociality party candidates when the later did not qualify as she did not possess a grade 12 certificate being qualification to contest general elections in Zambia.

And respsonding to the judgement, Dr M’membe said he was among the most educated politicians in Africa and in the world and that the whole court process was meant to humiliate the Socialist Party leadership.

Dr M’membe said the court had conducted itself with a high level of integrity, honour, and professionalism throughout this process and said that the Electoral Commission continues to uphold the standards in all remaining aspects of the election.

And Ms Banda said they were giving themselves to the people as the better choice among all candidates in the forthcoming elections.

The full bench of judges included President of the Constitutional Court Justice Professor Margrate Munalula, Justice Martin Musaluke, Justice Judy Mulongoti, Justice Mary Kawimbe and Justice Mathew Chisunka among others.