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The Lusaka High Court has ruled in favour of the Electoral Commission of Zambia (ECZ), upholding its decision to disqualify Citizens First candidate, Ezekiel Kayumba, from contesting the Pambashe Constituency by-election.
The case, filed under Article 52(4) of the Constitution and the Electoral Process Act No. 35 of 2016, challenged ECZ’s decision to reject Kayumba’s nomination.
He argued that he had met all legal requirements to contest the seat.
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The Pambashe Constituency seat fell vacant following the conviction of former Patriotic Front MP, Ronald Chitotela, for arson under Section 328(1)(a) of the Penal Code.
Chitotela was sentenced to ten years of hard labour on December 17, 2024, leading to the Speaker of the National Assembly declaring the seat vacant.
The ECZ scheduled the by-election for February 6, 2025, with January 7, 2025, set as nomination day at Mushota Primary School in Kawambwa District.
Kayumba, sponsored by the Citizens First (CF) party, submitted his nomination but was disqualified by Returning Officer, Michael Munshya, due to issues with his voter’s card certification.
This led to the legal challenge.
His lawyers argued that ECZ’s decision was unfair, but the commission defended its stance, stating that its actions were in full compliance with electoral laws.
Justice Zulu ruled that ECZ acted within its legal mandate, emphasizing the need for strict adherence to electoral guidelines.
The court found that on nomination day, Kayumba was in Kawambwa, but his valid voter’s card remained in Mansa.
In an attempt to resolve this: a copy of the voter’s card was sent to Kayumba via WhatsApp, printed, and certified at Mushota Local Court without the original document or a fresh affidavit.
Another certified copy was allegedly stamped by the Police in Mansa and sent to the Returning Officer via WhatsApp.
The court ruled that these certified copies were defective, leading to the invalidity of Kayumba’s nomination.
Justice Zulu upheld ECZ’s decision to reject the nomination, reinforcing the importance of procedural compliance in electoral processes.
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