ANDYFORD BANDA’S WITHDRAWAL AS RUNNING MATE HAS NO LEGAL EFFECT ON AUGUST ELECTIONS
The Consortium of Civil Society Organisations-CSOS- for Good Governance and Constitutionalism says the purported withdrawal of Organized Peoples Party Running Mate Andyford Banda has no legal effect because it was announced after the close of nominations.
Consortium Chairperson Isaac Mwanza says section 31 of the Electoral Process Act, no. 35 of 2016, only allows candidates to withdraw their nominations before the close of nominations, which was on May 20, 2026.
Mr. Mwanza says Mr. Banda’s nomination therefore remains valid and his name should remain on the ballot.
He says the Constitutional Court, in the GEARS Initiative Zambia case, clarified that resignation applies to membership of a political party, noting that an independent candidate cannot resign because they are not affiliated with any political party.
Mr. Mwanza says it remains unclear whether Mr. Banda has resigned from the organized peoples party, adding that in the absence of a lawful resignation from the party and a valid withdrawal before the close of nominations, his status as running mate remains unchanged.
He has since urged the Electoral Commission of Zambia, political parties and other stakeholders to adhere strictly to the electoral process act and avoid creating public confusion through withdrawals that are not recognized by law.
Meanwhile, the Community Action Against Corruption-CAAC- has called for reforms to Zambia’s electoral laws to penalize candidates who voluntarily withdraw from elections after the close of nominations without valid reasons.
CAAC Chief Executive Officer Brightone Tembo says such withdrawals result in unnecessary public expenditure, create uncertainty among voters and fuel speculation that electoral contests are being manipulated through political bargaining or other undisclosed arrangements.
By Leah Ngoma