Game Changer! Court Declares Running Mates Cannot Quit After Nomination!
The Constitutional Court has delivered a landmark ruling stating that presidential running mates cannot withdraw or resign after nominations close, except in the event of death. This decision clarifies the constitutional requirements for maintaining a single candidature throughout the electoral process, addressing past uncertainties caused by running mate withdrawals. The court outlined the implications for ballot papers and vote validity based on the timing of any withdrawal.
In a landmark judgment, the Constitutional Court has clarified the legal standing of presidential running mates in Zambia's electoral process, ruling that a running mate is constitutionally bound to remain on the ballot from the filing of nomination papers through to polling day, with death being the only recognized exception. This significant decision emerged from a matter initiated by Governance Activist Isaac Mwanza, who sought judicial interpretation of constitutional provisions governing the withdrawal, resignation, or stepping down of presidential candidates and their running mates, and the subsequent effects on the election.
The court's ruling directly addresses the legal uncertainty that arose following the withdrawal of several duly nominated vice-presidential running mates. Notable instances included Mosese Mawere, who had been nominated alongside Citizens First presidential candidate Harry Kalaba; Andyford Banda, the running mate for Organised People’s Party (OPP) presidential candidate Brian Mushimba; and John Nyirenda, nominated with independent presidential candidate Given Katuta. These individuals announced their withdrawals after the close of nominations, expressing support for other presidential candidates, which prompted widespread debate over the constitutional eligibility of the affected presidential candidates to continue in the August 13 general election.
The Constitutional Court held that Articles 110, 45, and 52 of the Constitution do not permit a running mate to assume the position of a presidential candidate under such circumstances, nor do they allow for the voluntary resignation or withdrawal of a running mate after nominations have been completed. Instead, the court found that the Constitution mandates a fresh nomination process if a presidential candidate withdraws. The judges underscored that once a presidential candidate and a running mate are duly nominated by the Electoral Commission of Zambia (ECZ), they form a single, inseparable candidature. Permitting one component of this joint ticket to unilaterally withdraw after nominations would fundamentally undermine the constitutional framework governing presidential elections and introduce unacceptable levels of uncertainty into the electoral process.
Furthermore, the judgment clarified the practical implications of such withdrawals at different stages of the election. If a presidential candidate or running mate withdraws before ballot papers are printed, the ECZ is constitutionally required to remove that person’s name from the ballot, as the individual would no longer be eligible to participate. However, the court acknowledged that if a resignation or withdrawal occurs after ballot papers have already been printed, it may not be practical to remove the candidate’s name. In such cases, the name may remain on the ballot paper for practical reasons, but any votes cast in favour of that particular candidate would be deemed invalid and would not contribute to determining the outcome of the presidential election. This ruling firmly establishes that a duly nominated presidential ticket remains intact throughout the electoral process, and a running mate cannot voluntarily exit the race once nominations have closed.