Attorney General Mulilo Kabesha has asked the Constitutional Court to determine the legal position where a nominated presidential candidate or running mate resigns or withdraws from the race after the close of nominations, as Zambia’s August 13 general election approaches.
The application responds to a petition filed by governance activist Isaac Mwanza, who argues that constitutional amendments passed in 2025 repealed earlier provisions allowing withdrawn, deceased or disqualified candidates to be replaced before the first round of voting, leaving what he describes as a legal gap. Mwanza notes that since nominations closed in May, one presidential candidate and two vice-presidential running mates have publicly withdrawn and endorsed rival tickets.
The Electoral Commission of Zambia told the court that the resignation letters in question were received only after ballot papers bearing the affected names had already been printed, serialised and packaged, and argued it remains constitutionally obliged to proceed with the election as scheduled. In his own submission, Kabesha argued that where a running mate resigns or dies after ballots have been printed, the presidential candidate should nonetheless be treated as validly elected, with votes cast for that ticket remaining valid — and that the candidate should be permitted to nominate a replacement running mate under Article 110(3) of the Constitution.
The case adds to a series of election-related petitions before the Constitutional Court this cycle, and its outcome could have direct bearing on how ballots already printed with withdrawn candidates’ names are treated on polling day.
Sources: Lusaka Times — Attorney General asks ConCourt to rule on running mate withdrawals | News Diggers — A running mate who resigns, dies can be substituted – AG
