The election for Chizobo Ward councillor has been nullified by the tribunal sitting at the Mazabuka Magistrate’s Court after it found substantial irregularities involving the Electoral Commission of Zambia (ECZ).
In its judgment, the tribunal ruled that the election was not conducted in substantial conformity with the law, citing a breach of an election officer’s duty under Section 97(2)(b) of the Electoral Process Act.
The tribunal said the omission of a duly nominated candidate affected the outcome of the election.
The tribunal said it sympathised with the first respondent, noting that its hands were tied, but encouraged the respondent to participate in the democratic process.
After examining the evidence, the tribunal said it was satisfied that the petitioner had met the required threshold to prove the allegations.
It, however, declined to find that there had been an omission of the petitioner’s name, but established that there were no ballot papers for the councillor election in Chizobo Ward.
The tribunal further declared that the second respondent, the ECZ, failed to substantially comply with electoral laws relating to councillor elections.
It also declared that the first respondent was duly nominated, but ruled that the declaration of the first respondent as elected was null and void.
The tribunal further held that the first respondent was not duly elected in accordance with the law.
It declined to award compensation and damages, citing a lack of evidence, particularly receipts to substantiate the claimed damages, as well as considerations of public interest.
The tribunal has since ordered that each party bears its own costs.
The matter arose after an independent candidate petitioned the tribunal upon discovering that his name was not included in the ballot for the August 2026 general elections, despite having successfully filed his nomination to contest the Chizobo Ward councillor seat in Magoye East Constituency.
A UPND candidate was subsequently declared elected unopposed.
Meanwhile, the petitioner has welcomed the judgment, expressing satisfaction with the tribunal’s decision.
By Helga Chibwe
