High Court Nullifies Mapatizya MP’s Election
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Local NewsThe Livingstone High Court has nullified the election of Mapatizya Constituency Member of Parliament, Emelda Munashabantu following a successful election petition over irregularities in the tallying and declaration of the August 13, 2026 parliamentary election results. High Court…
The Livingstone High Court has nullified the election of Mapatizya Constituency Member of Parliament, Emelda Munashabantu following a successful election petition over irregularities in the tallying and declaration of the August 13, 2026 parliamentary election results.
High Court Judge, Kazimbe Chenda ruled that the declaration of Ms Munashabantu as winner was premature because results from 10 of the constituency’s 74 polling stations had not been included when the returning officer announced the outcome.
In his judgment, Judge Chenda held that the irregularities in the post-voting electoral process were serious enough to have affected the outcome of the election.
“I therefore invoke sections 97(2) (b), 97(4) and 99(a) of the EPA, and hold that the election result for Mapatizya constituency, following voting on 13th August 2026, is void,” Judge Chenda ruled.
“Consequently, the declaration of the First Respondent as MP, made on 16th August 2026, is hereby nullified,” he added.
The court heard that Ms Munashabantu was declared winner with 14,812 votes against 14,330 votes for the petitioner, Clive Miyanda, giving her a margin of 482 votes.
However, Judge Chenda observed that the 10 polling stations whose results were not included had a combined potential vote of 6,238, a figure significantly higher than the margin between the two candidates.
The judge noted that the returning officer had acknowledged during his testimony that the electronic system could not close the results because the outstanding polling station results could potentially place the petitioner ahead of Ms Munashabantu.
“It was a serious irregularity and outright illegality for the returning officer to declare a parliamentary election winner in the absence of results from all 74 polling stations,” Judge Chenda stated.
He further held that electoral officials had a duty to ensure that the will of all voters who validly cast their ballots was reflected in the final result, adding that an agreement between parties could not be used to circumvent statutory electoral procedures.
The court, however, dismissed the allegation of misconduct against Ms Munashabantu, finding that no instance of misconduct had been proved against her.
“There is no instance of misconduct that has been proven against the First Respondent. It follows that the first ground of the petition lacks merit and is hereby dismissed,” the judge ruled.
Judge Chenda attributed the irregularities to the Electoral Commission of Zambia’s handling of the post-voting process, stating that the blame lay with the commission and the returning officer.
The court ordered the Electoral Commission of Zambia to bear the petitioner’s costs, to be taxed if not agreed upon.
Ms Munashabantu was spared from any costs burden arising from the commission’s actions, apart from her own costs.
The judgment rendered the declaration of Ms Munashabantu as Mapatizya Member of Parliament null and void.
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