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Isaac Mwanza has failed in his attempt to stop the Electoral Commission of Zambia (ECZ) from conducting the Petauke Central by-election, pending the outcome of his constitutional petition.
The Constitutional Court, through Justice Chisunka, dismissed Mwanza’s application for a conservatory order on Monday.
In his ruling, Justice Chisunka stated that the petition lacked sufficient likelihood of success to justify halting the by-election.
He emphasized that granting the conservatory order would not serve the public interest, particularly the electorate in Petauke Central, as the by-election, set for February 6, 2025, would be delayed.
The judge also noted that any potential prejudice faced by the petitioner did not outweigh the public interest in proceeding with the by-election.
He concluded that it would be contrary to public interest to grant the order and subsequently dismissed the application.
Mwanza, who serves as Executive Director of the Zambian Civil Liberties Union (ZCLU), is challenging the constitutionality of the National Assembly’s decision to declare the Petauke Central seat vacant.
He argued that the decision infringed on the judiciary’s mandate to adjudicate breaches of parliamentary conduct.
According to Mwanza, the National Assembly acted on a November 13, 2024, recommendation by a parliamentary committee, which found that former MP Emmanuel Jay Banda had violated the code of conduct by being absent without permission since August 4, 2024.
Mwanza contended that this declaration was unconstitutional.
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