Constitutional court to rule on joint tickets and independents ahead of Zambia elections

The Constitutional Court will on July 31, 2026 hear and deliver judgment in two landmark electoral matters that could fundamentally reshape how presidential elections are conducted in Zambia. The first matter concerns Article 110 of the Constitution, which provides for a joint ticket of a presidential candidate and a running mate. Applicant Isaac Mwanza had asked the Court to declare that once nominations were filed and closed, neither a presidential candidate nor a running mate may resign, withdraw, or step down.

His argument is that the joint ticket is “locked in” at nomination to preserve stability and prevent last-minute manipulation of the ballot. In the alternative, the applicant wants the Court to hold that if withdrawal or resignation is permitted after nominations, then the entire joint ticket must fall away. That means if either the presidential candidate or the running mate exits, the ticket collapses and cannot continue with a replacement.

The Electoral Commission of Zambia (ECZ) has submitted that there is no provision in the Constitution or electoral law allowing for the resignation, withdrawal, or stepping down of presidential candidates or running mates. The Attorney-General, however, has argued that running mates who resign must be replaced. The case comes amid growing concern over the high number of running mates and candidates withdrawing ahead of the 2026 General Elections.

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Legal experts say the judgment will clarify succession within a presidential ticket and will directly shape the rules on withdrawals and resignations in future Zambian elections. On the same day, the Court will deliver judgment in a separate but equally consequential matter on independent candidates and the interpretation of _Article 51(a) of the Constitution. That article sets two conditions: a candidate must not be a member of a political party, and must not have been a member of a political party for at least 2 months before the election.

The dispute is over when those conditions must be met. The Consortium of Civil Society Organisations and the ECZ have argued that both requirements must be satisfied at the point of filing nominations.

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