High Court Postpones Kabushi, Kwacha By-Elections

The High Court in Lusaka has ruled that by-elections scheduled for Thursday in Kabushi and Kwacha constituencies should not go ahead until it can determine whether Patriotic Front candidates Bowman Lusambo and Joseph Malanji are eligible to run.

On Tuesday, the court ruled in favour of the PF candidates and directed the Electoral Commission of Zambia (ECZ) not to proceed with tomorrow’s elections. The ECZ had previously declared that the pair were ineligible to contest their old seats – a decision which has been challenged across multiple courts.

The case has seen numerous twists and turns since Lusambo and Malanji had their seats nullified earlier in the summer. In Lusambo’s case this was for proven accounts of fraud and voter intimidation in Kabushi constituency during the 2021 general election. For Malanji, the ECZ found that he was ineligible to serve as an MP since he did not have his Grade 12 leaving certificate.

Following the ECZ’s decision, the pair appealed to the Constitutional Court, which said that their nullification was not automatically a disqualification from re-contesting the seats. The politicians’ lawyer, Makebi Zulu, says the matter will be finally adjudicated on Friday, following the suspension of Thursday’s scheduled by-elections.