Kabesha seeks court clarity on independent candidates  

By CHIKUMNBI KATEBE

ATTORNEY General Mulilo Kabesha has asked the Constitutional Court to clarify when aspiring independent candidates must cease being members of political parties, seeking a definitive interpretation of whether the requirement applies on the nomination date or election date.

This comes as the Consortium of Civil Society Organisations for Good Governance and Constitutionalism questions through their petition the interpretation of whether the independent candidate should not be a member of a political party for at least two months from the election date or the nomination date.

He has submitted that the initial clause 51 sought to tie the two months period to the nomination date as opposed to the election date, but that the requirement of an independent candidate not to belong to a political party should be clearly stated as whether it was tied to at least two months immediately before the date of the elections, or it operates retrospectively to include the time of nominations.

Mr Kabesha said the two months’ timeline set up by the constitution could not be changed by any court or authority but the highest court crowned with the authority of interpreting constitutional matters.

He was responding to the petition bearing a third question which sits within the provision of the window to challenge nominations of an independent candidate, as this could only crystalise after an election through an election petition.

Clifton Chifuwe has sued, in his capacity as a member of the Consortium, the Attorney General and the Electoral Commission of Zambia (ECZ) for an interpretation of Article 51 in relation to independent candidates in the forthcoming general election in positions of members of parliament, mayors, council chairpersons and councillors who belonged to political parties before filing in nominations on independent tickets.  

The Attorney General has called on the Constitutional Court to clearly state the timeline of two months set up by the constitution as to whether it could be changed without its authority, if whether non-compliance could lawfully be used as a basis for rejecting nomination papers under Article 52(4) of the Constitution.

He filed that it was imperative to reiterate that the intended meaning of Article 51 (a) of the constitution could best be derived from the Report of the Technical Committee on Drafting the Zambian constitution 2013 and the Parliamentary Select Committee Report which makes it clear that the rationale behind the introduction of that provision was to place restriction on independent candidates to the effect that they should not have been members of a political party for less than two months preceding the date of elections.

The Consortium of Civil Society Organisations for Good Governance and Constitutionalism petitioned the Constitutional Court of Zambia for a proper interpretation of Article 51(a) in relation to the nomination of independent candidates who belonged to political parties on or at the time of nominations and or elections date.

An affidavit in support of origination summons sworn by Isaac Mwanza, the chairperson of the Consortium and Clifton Chifuwe challenged the ECZ for having conducted nominations that ended on May 25, 2026, for persons intending to contest elective public offices in accordance with the Constriction, the Electoral Process Act and the Electoral Process Regulations (2016). ZCCM-IH posts US$2.79bn loss

ZCCM Investments Holdings Plc has reported a net loss of K2.79 billion for the financial year ended December 31, 2025, a sharp contrast to the record K39.85 billion profit posted in 2024.

The company says last year’s profit was largely driven by a one-off gain from the Mopani Strategic Equity Partner transaction, while the 2025 results reflect a transition to a more sustainable earnings model focused on long-term growth.

Despite the Group loss, company-level performance improved significantly, with losses narrowing by 73 percent to K1.18 billion, supported by a 40 percent increase in investment income.

The improvement was largely attributed to higher royalty earnings from Kansanshi Mining following the commissioning of its expansion project, which helped the mine achieve its highest copper production since 2021 at more than 170, 000 tonnes.

Chief Executive Officer Kakenenwa Muyangwa says 2025 was a year of laying the foundations for the company’s next decade of growth.

Mr. Muyangwa says ZCCM-IH strengthened its copper portfolio, expanded its energy investments, entered the gold sector, and cleared long-standing debt obligations, positioning the company for sustainable future returns.

The company also announced that it fully repaid its US$150 million Glencore legacy loan in April this year and says any settlement arising from the Trafigura arbitration case will be fully recoverable from Konkola Copper Mines under a government-backed agreement.

Looking ahead, ZCCM-IH says it expects to benefit from growing global demand for copper, supported by a stronger balance sheet, a diversified investment portfolio, and continued expansion in mining and energy projects. - MILLENNIUM TV.