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Governance activist, Isaac Mwanza, has filed a petition in the Constitutional Court, seeking a declaration for by-elections in nine parliamentary seats currently held by members of the opposition Patriotic Front (PF).
Mwanza contended that these seats became vacant following the expulsion of the members from the party.
His petition, citing the Electoral Commission of Zambia (ECZ) and the Attorney General, argued that the failure to conduct by-elections within the constitutional 90-day period, as stipulated under Article 57(1) of the Zambian Constitution, constituted a violation of the law.
The affected seats included Pambashe, Kawambwa, Lupososhi, Kamfinsa, Chitambo, Mporokoso, Shiwang’andu, Chilubi, and Lunte constituencies.
In December 2023, PF faction Secretary-General Morgan Ng’ona notified the National Assembly of the expulsion of nine PF-affiliated Members of Parliament.
He stated that the expelled MPs subsequently initiated legal action against the PF leadership, contesting the validity of their expulsion.
However, on June 27, 2024, the Constitutional Court dismissed their petition on jurisdictional grounds.
Despite this ruling, Mwanza contends that the ECZ has not yet set a date for by-elections in the nine constituencies.
He argued that this delay violated the constitutionally mandated timeframe for holding by-elections, which must occur within 90 days of the declaration of a vacancy.
Mwanza’s petition also seeks a declaration that the failure to hold by-elections by September 25, 2024, was illegal and unconstitutional.
He further called for the ECZ to be directed to conduct the by-elections within 30 days of the Court’s ruling.
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