PARLIAMENTARY ELECTION PETITIONS MUST BE DETERMINED WITHIN 90 DAYS – WAMUNYIMA
PARLIAMENTARY ELECTION PETITIONS MUST BE DETERMINED WITHIN 90 DAYS – WAMUNYIMA
Nalolo Member of Parliament Imanga Wamunyima says all petitions challenging the election of Members of Parliament must now be heard and determined within 90 days of filing, following Constitutional Amendment No. 13 of 2025.
Mr Wamunyima said the amendment to Article 73 of the Constitution had brought greater certainty to the electoral justice system by requiring courts to conclude parliamentary election petitions within the stipulated period.
He said the amendment addressed previous concerns where election disputes could be heard within the prescribed period but remain unresolved for years before final judgment.
“This is an important constitutional development,” Mr Wamunyima said.
He said the new provision would make the next 90 days particularly demanding for the courts as they work to provide closure to parliamentary petitions filed following the elections.
Mr Wamunyima cited the 2021 Constitutional Court decision in the case of Bizwayo Newton Nkunika v. Lawrence Nyirenda and the Electoral Commission of Zambia as an example of the consequences of prolonged electoral disputes
The matter arose from the 2016 General Election in Lundazi Central Constituency, where Mr Nkunika challenged Mr Nyirenda’s eligibility to serve as an MP on grounds that he did not possess the required Grade 12 qualification.
Mr Wamunyima noted that the matter was only finally determined in March 2021, almost at the end of the five-year parliamentary term.
He said such delays could leave constituents uncertain about the legal status of their elected representative while the parliamentary term continued.
“An electoral dispute cannot be allowed to remain unresolved for years while the parliamentary term continues to run,” he said.
Mr Wamunyima said timely determination was important to petitioners, elected MPs, the electorate and democratic governance.
“The people deserve certainty regarding who lawfully represents them in Parliament,” he said.
He said the Constitution now required petitions to be conclusively resolved within the prescribed period.
“Justice delayed in an electoral dispute can affect not only the candidates involved, but also the electorate,” Mr Wamunyima said.
“The Constitution is now clear,” he said.
“Disputes relating to their election must therefore be resolved quickly, conclusively and within the time prescribed by the Constitution,” Mr Wamunyima said.
SE