BRIEFING | Isaac Mwanza: Candidates Cannot Quit After Nominations Close<\/p>\n
Governance activist Isaac Mwanza has poured cold water on attempts by some candidates to withdraw from Zambia\u2019s 2026 General Election after the close of nominations, arguing that the law simply does not permit it.<\/p>\n
In a statement issued Saturday, Mwanza said the Electoral Process Act is explicit on when a candidate can withdraw from a race, noting that any withdrawal must occur before the close of nominations.<\/p>\n
\u201cSection 31(2) is very clear and instructive on when a withdrawal can take place,\u201d Mwanza said, citing provisions of the law which state that a nomination may only be withdrawn before the expiry of the nomination period for the constituency concerned.<\/p>\n
The clarification comes amid growing debate over candidates who have publicly announced their withdrawal from various races after successfully filing nomination papers with the Electoral Commission of Zambia (ECZ).<\/p>\n
Mwanza further argued that what many people describe as \u201cresignation\u201d is often misunderstood under electoral law. He noted that resignation primarily applies to membership in political parties and not necessarily to candidacy itself.<\/p>\n
Referring to the Constitutional Court\u2019s judgment in the 2022 GEARS Initiative versus Attorney General case involving the Kabushi and Kwacha by-elections, Mwanza said the Court was categorical that independent candidates cannot be deemed to have resigned under Article 52(6) because they do not belong to political parties.<\/p>\n
\u201cIndependent candidates cannot be said to resign because they do not belong to a political party,\u201d he stated.<\/p>\n
According to Mwanza, the legal consequence is significant. Independent candidates who have publicly announced their withdrawal after nominations closed may still appear on the ballot paper and can still receive votes on election day.<\/p>\n
The intervention adds another layer to an already complex election season where courts, constitutional interpretation, and electoral law are increasingly shaping the political battlefield alongside campaign rallies and party mobilisation.<\/p>\n
As legal challenges continue mounting across the electoral landscape, one message is becoming clear: once nominations close, the election largely moves from politics into law.<\/p>\n
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BRIEFING | Isaac Mwanza: Candidates Cannot Quit After Nominations Close Governance activist Isaac Mwanza has poured cold water on attempts by some candidates to withdraw from Zambia\u2019s 2026 General Election after the close of nominations, arguing that the law simply does not permit it. In a statement issued Saturday, Mwanza said the Electoral Process Act […]<\/p>\n","protected":false},"author":84,"featured_media":82824,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2,7,12],"tags":[],"class_list":["post-82825","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-all-news","category-head-lines","category-policy"],"yoast_head":"\n