The Constitutional Court has ordered the government to initiate processes leading to the enactment of the Political Parties Bill within 12 months.
A full bench of the court also ruled that the Registrar of Societies Act remains valid, as long as its application is consistent with the provisions of the Constitution.
In this matter, the Legal Resources Foundation (LRF), through constitutional lawyer John Sangwa, sued the President, the Speaker of the National Assembly, and the Registrar of Societies for allegedly failing to enact the Political Parties Act as required under Article 60(4) of the Constitution.
LRF had sought a mandatory order compelling the President to introduce the Political Parties Bill within 30 days, arguing that its absence could undermine the 2026 general elections.
The foundation further submitted that continued reliance on the Societies Act to regulate political parties is inconsistent with the Constitution, citing gaps in the regulation of political party financing, funding sources, campaign expenditure limits, and participation.
In response, the State, through the Attorney General, argued that the petition was misguided, stating that Article 60(4) does not prescribe a specific timeframe for enacting the law.
The State also contended that the Court has no jurisdiction to supervise how another arm of government performs its constitutional functions, adding that there has been no deliberate neglect as the legislative process is already underway.
Delivering judgment on behalf of the panel, Judge Mudford Mwandenga ruled that the failure to enact the Political Parties Act is unconstitutional.
He further stated that the respondents’ argument regarding the absence of a timeframe lacks merit.
However, the Court directed that until Parliament enacts the Political Parties Act, political parties will continue to be governed by the Registrar of Societies Act, as its provisions remain binding.
The Political Parties Bill was last drafted in 2017 but has not yet been introduced in Parliament and remains at the consultation stage.
By Cecilia Kayaya Mporokoso
