Five independent candidates have won a major legal battle against the Electoral Commission of Zambia after the Lusaka High Court ruled that the Commission acted unlawfully by revoking the Candle campaign symbol already approved for use in the 2026 General Election.
Delivering judgment, High Court Judge M.C. Kombe found that ECZ breached the rules of procedural fairness by withdrawing the symbol without first giving Simon Mwila, Michael Chuulu, Faith Lungu, Gary Nkombo and Iris Kaingu Kamwi an opportunity to be heard.
The court also held that the Commission violated the candidates’ legitimate expectation that the Candle symbol would remain on their campaign materials and ballot papers after it had already been approved.
The dispute arose after ECZ issued a June 6 circular directing the affected candidates to choose alternative symbols, arguing that the Candle symbol closely resembled one allegedly registered to a political party.
The candidates challenged the directive, maintaining that the symbol had already been cleared during the nomination process and that campaign posters, T-shirts and other materials had already been printed.
Judge Kombe concluded that ECZ’s decision was affected by illegality, irrationality and procedural impropriety. The court issued orders quashing the Commission’s decision and prohibiting its enforcement.
Having granted those remedies, the judge said there was no need to rule on the applicants’ request to restore the Candle symbol.
Costs were awarded to the applicants, while ECZ was granted leave to appeal the judgment.
By Josphat Hamakala
