Ndola Central petition: ECZ presiding officer gives conflicting accounts of polling station disturbance
Ndola Central petition: ECZ presiding officer gives conflicting accounts of polling station disturbance
An Electoral Commission of Zambia (ECZ) presiding officer called as a witness by Ndola Central parliamentary election petitioner Frank Tayali gave conflicting accounts of an alleged disturbance at a polling station and struggled to account for ballot papers during cross-examination in the High Court.
Lusaka, 6 October – Carol Namushi, who presided over a polling stream at Ntubashushi Polling Station at Chibolele Combined School, was questioned on Monday, 5 October 2026, by counsel representing First Respondent Emmanuel Mulenga.
Namushi’s evidence focused on an alleged incident at the polling station during the 13 August general election and the handling and reconciliation of ballot papers.
Under questioning, Namushi gave different accounts of how the disturbance began. In one version, she told the court that people rushed into the polling station after gunshots were fired. In another, she said people first rushed into the polling station and that it took a gunshot fired by soldiers to disperse them.
The differing accounts became a key point during cross-examination.
Namushi also confirmed that she did not report the alleged incident to either the ECZ or the Zambia Police. She further told the court that no arrests were made in connection with the disturbance.
She said she had been a teacher for 19 years and was appointed as a presiding officer on 12 August 2026, a day before polling. She told the court that some of the difficulties she encountered were due to what she considered inadequate training.
The cross-examination also turned to the number of ballot papers issued to her polling stream.
Namushi said the stream had been supplied with 950 ballot papers despite having 928 registered voters. However, when asked to account for the ballots, she was unable to clearly state how many voters had cast ballots, how many ballots had been rejected or how many remained unused.
The questions centred on the requirement for polling officials to reconcile ballot papers by accounting for those issued, used, rejected and remaining at the close of polling.
At one point, the court intervened as Namushi struggled to respond to the questions. She was cautioned to answer the questions put to her and to address the court appropriately.
Namushi was called by Tayali, who is challenging the election of Mulenga as MP for Ndola Central.
Mulenga, who stood on the Resolute Party ticket, was declared the winner of the 13 August election with 11,659 votes. Tayali, who contested on the United Party for National Development ticket, received 10,840 votes, giving Mulenga a majority of 819 votes.
Tayali, a former Minister of Transport and Logistics and former Ndola Central MP, filed his election petition in the High Court in Ndola on 27 August, within the statutory 14-day period following the declaration of results.
He alleges that Mulenga and his agents engaged in illegal practices, misconduct, intimidation and violence and interfered with voters’ freedom to cast their ballots. Tayali has also alleged that the election was affected by significant irregularities.
The ECZ has disputed the allegations, telling the court that no electoral malpractice, violence or assault was reported to the commission during polling, counting or the declaration of results.
The commission maintains that the election was free and fair, that the results were properly transmitted and verified, and that Mulenga was duly elected.
The ECZ has also explained a temporary suspension of proceedings at the totalling centre, saying it followed an administrative directive linked to violence reported in other parts of the country. According to the commission, the suspension did not affect the election outcome because voting had already concluded.
The commission has filed the GEN 20 form and other procedural records with the High Court in support of the declared result.
The evidence being heard in court is part of the wider dispute over the 819-vote margin separating Mulenga and Tayali. The petitioner is seeking to have Mulenga’s election overturned.
The petition remains before the High Court in Ndola.
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