LUSAKA - The Constitutional Court (ConCourt) has ruled that independent candidates are only required to cease being members of a political party at least two months before an election, and not at the time they file their nomination papers.
The ruling follows a petition filed by the Consortium of Civil Society Organizations on Governance and Constitutionalism against the Attorney General and the Electoral Commission of Zambia (ECZ) seeking interpretation of Article 51(A) of the Constitution.
The petitioners argued that there was uncertainty over whether aspiring independent candidates were required to resign from their political parties at least two months before filing nomination papers or two months before the election date.
They also sought clarification on whether the constitutional provision could be applied retrospectively and when legal challenges relating to the requirement could be brought before the courts.
In its judgment, the Constitutional Court held that Article 51(A) establishes a qualification for independent candidates but does not require that qualification to be met at the time of filing nomination papers.
Instead, the court ruled that the Constitution only requires a person not to have been a member of a political party for at least two months immediately before the election.
The court further held that Article 51(A) does not operate retrospectively because the relevant period is the two months preceding an election.
Additionally, the court ruled that disputes relating to compliance with the provision can only be challenged after an election, in accordance with the Electoral Process Act.
The judgment provides constitutional clarity on the eligibility requirements for candidates seeking to contest elections as independents.