Mudolo loses bid to file presidential nomination out of time

…as the Lusaka High Court dismisses his application on grounds that it is vexatious, frivolous and without merit

By CHIKUMBI KATEBE

THE Lusaka High Court has dismissed as frivolous and vexatious the application by failed presidential candidate, Willah Mudolo, who wanted the Electoral Commission of Zambia (ECZ) to lodge nomination papers nominations out of time when the printing of ballots was already in the process.

Judge in Charge of the High Court Kelvin Limbani said Mr Mudolo’s application for judicial review lacked merit, as it suffered inescapable conclusion when the ballots were already being printed.

Justice Limbani ruled that the application was not a fit and proper case for further investigation at substantive judicial review hearing, because it was generally not concerned with the wider national interests.

“I take judicial notice that the process of printing presidential ballot papers commenced on June 30, 2026 in Dubai UAE and it would be highly imprudent and unreasonable to interfere with the process that is already underway for the sole purpose of accommodating the applicant,” Justice Limbani said.

“Put differently, even if the applicant were to be granted leave to commence judicial review proceedings against the respondent, the same would only culminate into an academic exercise considering the advanced stage of the preparations for the general elections being undertaken by the respondent. In other words, it is my considered opinion that the wider national interests ought to override the narrow interests of the applicant,” he ordered

Earlier in the ruling, Judge Limbani explained that it was clear from the first respondent, Electoral Commission of Zambia (ECZ) that they had advised Mr Mudolo’s lawyers that granting an extension of time for his nomination would interfere with the limited time provided for in general elections

He ruled that filing of nominations was allowed a specific period only and any extension would have an adverse effect on the election timetable and therefore the extension could not be granted.

ECZ had advised that the electoral process was time bound by the constitution of the republic, as the law established a fixed date for holding the general election, which in this case is August 13, 2026.

Justice Limbani made the ruling on Mr Mudolo’s application for leave to apply for judicial review and that without purporting to effect any constitutional interpretation to the foregoing provision, it was safe to state that ECZ was reposed with no latitude to alter the election date of a general election.

Ends.