Zambia’s Constitutional Court has dismissed a petition challenging the eligibility of Socialist Party presidential candidate Dr Fred M’membe and his running mate, Dolika Banda, clearing both to remain on the ballot for the August 13 general election.
The petition, filed by governance activist Isaac Mwanza together with the Consortium of Civil Society Organisations for Good Governance and Constitutionalism, argued that Banda does not hold a Grade 12 certificate or its recognised equivalent, a constitutional requirement for the office.
Delivering judgment on behalf of the full bench, Judge Mapani Kawimbe found that the petitioners had relied entirely on a single piece of evidence: a letter from the Examinations Council of Zambia, obtained via the Electoral Commission of Zambia, stating that Banda’s 1978 Cambridge General Certificate of Education was not equivalent to a Zambian Grade 12 certificate. The court held that this was not sufficient on its own — petitioners challenging a completed nomination must independently prove their case rather than rely solely on ECZ’s paperwork.
The ruling does not change the underlying legal standard for what counts as “Grade 12 or equivalent,” which the court set out in a 2021 precedent requiring a full school certificate with five O-Level passes including English. What it does clarify is the evidentiary bar: once ECZ has accepted a nomination, a challenger needs their own independent proof to overturn it.
Speaking after the judgment, M’membe defended Banda as an accomplished professional and praised the court’s reasoning, calling it one of the more convincing judgments he has read from the bench — a notable comment from a leader who has previously been critical of the judiciary’s independence.
The decision closes one of the most closely watched legal disputes of the campaign season and allows the Socialist Party ticket to shift its full attention to the trail ahead of polling day.
