CONCOURT KEEPS SP IN RACE TO PLOT ONE

Judges rule petitioners failed to prove Dorika Banda lacks constitutional qualifications, clearing Socialist Party ticket for August polls.

By Francis Maingaila ♥️

Lusaka, Zambia24 -- (18-06-2026) -- The Constitutional Court has dismissed a petition challenging the eligibility of Socialist Party presidential candidate Dr. Fred M’membe and his running mate, Dorika Banda, to contest the August 13, 2026 General Election, effectively clearing the duo to proceed with their campaign.

In a judgment delivered by Justice Maria Kawimbe on behalf of a full bench, the court held that the petitioners failed to provide sufficient evidence to prove that Ms. Banda does not possess a Grade 12 certificate or its equivalent, as required under Article 100(1)(e) of the Constitution.

The petition was filed by governance activist Isaac Mwanza and the Consortium of Civil Society Organisations for Good Governance and Constitutionalism, who sought a declaration that Ms. Banda did not meet the constitutional qualifications for nomination as vice-presidential candidate.

The petitioners argued that Ms. Banda’s academic qualifications obtained in the United Kingdom did not meet constitutional standards, claiming that English Language was not among the subjects reflected in her combined 1978 and 1988 Advanced General Certificate of Education results.

The Petitioners further sought to nullify her nomination and invalidate Dr. M’membe’s candidature, arguing that the presidential ticket is joint and inseparable under Article 110 of the Constitution.

The petitioners were supported by Solicitor General Marshal Muchende, who submitted that English Language was a mandatory requirement for equivalence to a Grade 12 certificate.

However, lawyers representing Dr. M’membe and Ms. Banda, Leon Lemba and Mehluli Malisa Bathakathi, argued that her Cambridge O-Level qualification was equivalent to a Zambian Grade 12 certificate. They further relied on correspondence from the Examinations Council of Zambia, dated May 2, 2026, which confirmed her qualifications.

Justice Kawimbe said the burden of proof rested with the petitioners, adding that they had failed to present sufficient evidence to substantiate their claims.

The court also noted that the petitioners relied heavily on documents from the Electoral Commission of Zambia, including an Examinations Council of Zambia response indicating that Ms. Banda’s Cambridge OCR General Secondary School Certificate obtained in 1978 was not equivalent to a Grade 12 certificate.

However, the court held that such material was not sufficient to discharge the burden of proof required to invalidate a duly nominated candidate.

The matter was heard by Constitutional Court President Margaret Munalula, Deputy President Arnold Shilimi, and Justices Judy Mulongoti, Maria Kawimbe, Mathew Chisunka, Pixie Yangailo, and Mudford Mwandenga.

Speaking after the ruling, Dr. M’membe welcomed the decision, describing it as fair and professionally delivered.

“We need credible leadership rather than political witch-hunts,” he said.

He further argued that the case was politically motivated and aimed at undermining his candidature, adding that Zambia needed to focus on leadership quality rather than what he termed unnecessary litigation.

“What they were trying to do was to humiliate us. Everybody knows we are highly educated people,” he said.

Dr. M’membe said there was a growing trend of politically motivated court actions intended to frustrate opponents, warning that such practices undermined national development.

“A country cannot move forward if it does not value competence and quality leadership,” he said, adding that Zambia’s development challenges required long-term structural solutions.

He cited high poverty levels and population growth as key pressures facing the country, arguing that current trends demanded urgent planning and effective leadership.

Ms. Banda also welcomed the ruling, describing it as significant not only for the Socialist Party but for the country as a whole.

“A loss today would not only have been our loss; it would have been a loss for this country,” she said.

She commended the judiciary for its professionalism and said it was her first experience appearing before a court.

Ms. Banda urged Zambians to embrace issue-based politics ahead of the 2026 elections, stressing the need to shift away from personality-driven contests.

“When they go low, we go high,” she said, quoting former US First Lady Michelle Obama.

She added that Zambia’s economic potential remained underutilised despite abundant natural resources, calling for leadership focused on improving living standards, education, and healthcare.

The ruling removes a major legal hurdle for the Socialist Party ticket as campaign activities intensify ahead of the 2026 polls, with both candidates framing the decision as a validation of their eligibility and campaign message centred on governance reform and poverty reduction.