COURT RULES ECZ ACTED ILLEGALLY OVER INDEPENDENT CANDIDATES' CANDLE SYMBOL
By Nelson Zulu
The Lusaka High Court has ruled that the decision by the Electoral Commission of Zambia-ECZ- to compel independent candidates allocated the candle symbol to change it was irrational, illegal and contrary to established procedure.
The ruling follows a petition by five independent candidates among them Simon Mwila, Michael Chuulu, Faith Lungu, Gary Nkombo, and Iris Kaingu who challenged the commission's directive contained in circular no. EC/101/1/29, issued on 6 June 2026.
Delivering judgment, Judge Mwila Kombe found that the ECZ acted unilaterally by attempting to revoke or replace a symbol that had already been approved and allocated to the candidates for use in the 2026 general election.
The court further held that the commission breached the principles of procedural fairness by failing to give the affected candidates an opportunity to be heard before making its decision, noting that the candidates had a legitimate expectation that the candle symbol would remain on the ballot paper and throughout the campaign period.
Judge Kombe consequently issued an order of certiorari quashing the ECZ's decision, as well as an order of prohibition restraining the commission, the chief electoral officer, town clerks, council secretaries and their agents from enforcing the directive or assigning alternative symbols to the affected candidates.
The High Court also awarded costs to the applicants, to be taxed in default of agreement and granted leave to appeal the judgment.
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