Isaac Mwanza Challenges Petauke Central By-Election as National Assembly Defends Seat Vacancy Decision

In collaboration with the Zambia Civil Liberties Union, Governance Activist Isaac Mwanza has filed an application to halt the upcoming Petauke Central Constituency by-election. However, the National Assembly has called on the Constitutional Court to dismiss the application.

Mwanza’s petition to the Court seeks to include the Electoral Commission of Zambia (ECZ) in his legal challenge against the National Assembly’s decision to declare the Petauke Central parliamentary seat vacant. The seat was declared vacant following the extended absence of fugitive MP Emmanuel Jay Banda. Banda, who was arrested and under police guard at Chipata Central Hospital, escaped custody in August 2024 while awaiting a court appearance. Mwanza is seeking a declaration that a parliamentary seat can only be vacant upon a ruling by the High Court.

The National Assembly has countered that Mwanza has failed to clearly specify the relief or outcome he seeks concerning the conduct of the by-election.

Deputy Clerk of the National Assembly Stephen Kawimbe argued that Banda has not contested the decision to communicate the seat’s vacancy to the ECZ. Kawimbe noted that on 13 November 2024, the Parliamentary Committee on Privileges found that Banda had been absent from the National Assembly without permission since 4 August 2024.

Kawimbe further submitted that Banda’s actions constituted a breach of the prescribed Code of Conduct, reinforcing the grounds for the seat’s vacancy.