Zambian Election Chaos: Opposition Challenges Hichilema's Win, Legal Battle Brews!

A significant legal challenge has been mounted against the August 13 presidential election in Zambia, with lawyer and human rights advocate Linda Kasonde, governance activist Brebner Changala, and the LCK Freedom Foundation Limited jointly petitioning the Constitutional Court. They seek to nullify the election and declare President Hakainde Hichilema’s victory invalid. The Electoral Commission of Zambia (ECZ), Attorney-General Mulilo Kabesha, and President Hichilema have been named as respondents in this high-stakes legal battle, which was filed amidst the courts’ Michaelmas vacation.

The core of the petitioners’ argument rests on the contention that the electoral environment, both before, during, and after the poll, contravened Article 45 of the Constitution. This article guarantees the free exercise of political rights and mandates an election that is free and fair, and free from violence, intimidation, and corruption. The petitioners assert that these fundamental constitutional guarantees were compromised throughout the electoral process.

Crucially, the petition challenges the ECZ’s declaration of Hichilema as President, citing discrepancies between the official results and independent verification conducted by the Christian Churches Monitoring Group (CCMG). The CCMG’s Process and Results Verification for Transparency (PRVT), based on a sample of 1,491 out of 1,500 polling stations, estimated Hichilema’s share at 56 percent, notably lower than the ECZ’s declared 60.5 percent. Similarly, the PRVT estimated Brian Mundubile’s share at 42.3 percent against the ECZ’s 37.9 percent, and national voter turnout at 53.5 percent compared to the ECZ’s 57.23 percent. These divergences were particularly concentrated in 30 constituencies where official turnout exceeded the plausible PRVT range by more than 10 percentage points, with the movement in recorded votes consistently favoring the United Party for National Development (UPND).

Further allegations include direct evidence of alteration of votes between polling stations and constituency tally centres. The petitioners claim that in four constituencies where tally-centre records were available to CCMG observers, discrepancies were found at 11 of 24 sampled polling stations. In 10 of these stations, the UPND vote recorded at the tally centre was higher than the figure announced at the polling station, by an average of 178 votes, with one station showing an inflation of as much as 401 votes. Additionally, the petition alleges a violation of the constitutional guarantee of the secrecy of the ballot under Article 46, asserting that national registration numbers were recorded on or against ballot papers at polling stations observed by international missions.

The petitioners also condemned the ECZ’s decision to suspend tallying and announcement of results on August 14, arguing it was unlawful and created a significant risk of result manipulation. They accuse the ECZ of failing to publish polling-station-level results in a bulk, analysable format, withholding Records of Proceedings at Totaling of Votes and GEN20 forms, failing to ensure equal access to campaign space and security, and declaring preliminary presidential results prematurely before 03:00 hours on August 18. Politically motivated violence, including the fatal shooting of former Lunte MP Mutotwe Kafwaya, is also cited as part of the surrounding irregularities during the tallying and announcement period.

According to Kasonde, Changala, and LCK Freedom Foundation, these irregularities, whether considered individually or cumulatively, mean that the declared results cannot legitimately be said to reflect the free and fair expression of the sovereign will of the Zambian people. They are asking the Constitutional Court to declare the August 13 presidential election unconstitutional, Hichilema’s election invalid, and to set aside and nullify the declared presidential result, ultimately ordering a fresh presidential election.

Alternatively, the petitioners seek an order for a full recount and re-tabulation in the 30 constituencies identified by CCMG, along with Kalomo Central, Lufwanyama East, and Lufwanyama West, followed by a consequential re-tabulation of the national result. They are also seeking orders compelling the ECZ to publish all Records of Proceedings at the Totaling of Votes and images of GEN20 forms for all polling stations, as well as full records concerning the August 14 suspension of tallying and announcement of results.

However, the petition's filing method has drawn scrutiny. Mr. Shalala, a legal expert, stated that presidential election petitions must be formally lodged through the Constitutional Court Registry or other authorized court filing channels, requiring official registration and payment of prescribed fees to be valid. He emphasized that a petition cannot be validly filed or served by sending it to the Chief Justice’s personal or private email address, as this bypasses the court registrar and lacks official recognition and the necessary tracking for constitutional deadlines. Mr. Shalala warned against such informal transmissions, even during court closures, and questioned why such documents were sent to the Chief Justice when presidential election petitions fall under the jurisdiction of the Constitutional Court, which has its own president.

Linda Kasonde, for her part, stated that she initially attempted to electronically file the petition with the Chief Registrar’s Office under Order III of the Constitutional Court Rules, but the official email address reportedly bounced back. Subsequently, she sent the petition, affidavit verifying the facts, list of authorities, and submissions to Chief Justice Mumba Malila for further action. This filing occurred during the courts’ Michaelmas vacation, which extends until September 6, 2026, a period during which parties are generally required to seek permission to commence proceedings.