The Electoral Commission of Zambia (ECZ) has told the Constitutional Court that the Examinations Council of Zambia (ECZ) wrote to it on May 21, 2026, advising that Socialist Party presidential candidate Dr. Fred M’membe’s running mate, Dolika Banda, does not possess a Grade 12 certificate or its equivalent and requested the Commission to invalidate her nomination.
However, the Commission says that by the time it received the letter, it had already completed the nomination validation process and had consequently become functus officio in respect of the nominations.
In its response to a petition before the Constitutional Court, the ECZ states that it complied with all legal requirements in processing the nominations of presidential candidates and their running mates.
The Commission says Dr. M’membe and Ms. Banda submitted Grade 12 certificates or equivalent qualifications that appeared to have been verified by the Examinations Council of Zambia, together with all other documents required by law.
In this matter governance activist Isaac Mwanza, in his petition is seeking a declaration that Ms. Banda does not possess a Grade 12 certificate or its equivalent as required under Articles 100(1)(e), 110(2), and 266 of the Constitution.
Mr. Mwanza is also seeking a declaration that Ms. Banda’s nomination for the August 13, 2026 General Election is invalid.
He further argues that Dr. M’membe’s nomination should also be declared invalid because the presidential ticket is joint and inseparable under Article 110 of the Constitution.
The petitioner is seeking an order under Article 52(6)(b) disqualifying both Dr. M’membe and Ms. Banda from participating in the presidential election scheduled for August 13, 2026.
According to the petition, the Cambridge OCR General Certificate of Secondary Education obtained by Ms. Banda in 1978 is not equivalent to a Grade 12 certificate.
Mr. Mwanza has cited the Electoral Commission of Zambia as the third respondent and the Attorney General as the fourth respondent.
By Darius Choonya
