Court clears M’membe and Banda for August election

LUSAKA — Socialist Party leader Fred M’membe is cleared to contest Zambia’s 13 August election after the Constitutional Court threw out a petition challenging his running mate’s eligibility.

The ruling, delivered on 17 June, keeps one of the country’s most prominent opposition figures on the ballot eight weeks before polling day. The case turned on whether M’membe’s running mate, Dolika Banda, holds a school qualification equivalent to a Grade 12 certificate, the standard the Constitution sets for anyone seeking national office. Kwacha News had flagged the hearing in its earlier report on the scheduled Constitutional Court case on M’membe’s eligibility.

What the court decided

A full seven-member bench, led by Constitutional Court President Professor Margaret Munalula, dismissed the petition in its entirety. The court held that the burden of proof rested with the challengers and that they had failed to discharge it. The judges did not need to declare Banda’s certificate equivalent; they ruled only that the petitioners had not proven it was not.

The burden is on he who alleges.

— Constitutional Court of Zambia, judgment, <a href="https://zambialii.org/judgments/ZMCC/">17 June 2026</a>

That distinction matters. The challengers built their case on a response from the Examinations Council of Zambia stating that Banda’s 1978 Cambridge OCR General School Certificate is not equivalent to a Zambian Grade 12 certificate. The court found the document insufficient, on its own, to strip a candidate of the qualification the Constitution requires.

Who brought the case

The petition was filed by governance activist Isaac Mwanza together with the Consortium of Civil Society Organisations on Governance and Constitutionalism. M’membe and Banda were served on 28 May, days after filing their nomination papers on 21 May. The challengers invoked constitutional provisions on candidate qualifications and argued that disqualifying a running mate should, in turn, disqualify the presidential candidate at the top of the ticket.

The two bodies that share the initials ECZ sat on opposite sides of the record. The Examinations Council of Zambia supplied the equivalence opinion the challengers relied on. The Electoral Commission of Zambia had already vetted Banda’s papers and accepted the Socialist Party nomination, and it opposed the late admission of fresh evidence at the hearing.

Background

Fred M’membe, a former newspaper publisher, leads the Socialist Party and is contesting the presidency for the third time. His candidacy has drawn repeated legal scrutiny this cycle, and the eligibility of his running mate became the latest front. Banda, a development-finance professional, was named on the Socialist Party ticket in May.

The qualifications clause has shaped several disputes ahead of the vote. A separate petition this month sought to strike scores of independent candidates from the ballot, and the courts have been busy refereeing who may and may not stand. The fight over the Socialist Party ticket sits within Kwacha News’s wider politics coverage of an unusually litigious nomination season.

The decision lands as the opposition field crowds. Kwacha News has set out how a fragmented opposition complicates the arithmetic in its analysis of the 50%-plus-one threshold, and how the contest is increasingly framed as a two-way race in its report on the shape of the August ballot.

What it means for the race

The clearance removes the immediate threat to M’membe’s campaign and settles, for now, a question that could have reshaped the field. With nominations confirmed, the Socialist Party can campaign without the cloud of a pending disqualification. President Hakainde Hichilema, seeking a second term, leads a contest that now includes a confirmed Socialist Party challenge alongside the larger opposition blocs.

The Socialist Party has positioned itself to the left of the main blocs, campaigning on public ownership and the cost of living. Keeping M’membe on the ballot preserves that distinct platform in a field otherwise dominated by the governing party and the larger opposition alliances. For a party that has never won the presidency, ballot access is the precondition for everything that follows.

For voters, the ruling reinforces a pattern: the courts, not the campaign trail, have decided much of who appears on the ballot this year. The Constitutional Court’s reasoning — that those who allege a disqualification must prove it — sets a high bar for future challenges in the weeks that remain.

What to watch

The published judgment is expected to appear on the Constitutional Court’s record in the coming days, giving lawyers the full reasoning behind the burden-of-proof finding. Any remaining eligibility challenges will now be measured against that standard. The next fixed point is 13 August, when Zambians vote for president, members of parliament and local councillors.

Frequently Asked Questions

These are the questions readers have been asking since the Constitutional Court ruling. Short answers follow, drawn from the court’s judgment and the public record of the 2026 election.

What is the Constitutional Court’s ruling on M’membe?

In short, the court dismissed the petition and cleared Fred M’membe and Dolika Banda to contest the 13 August election. The answer is that the challengers failed to prove their case: the judges ruled the burden of proof rested with them, and the evidence they offered was insufficient.

Why is Dolika Banda’s eligibility in question?

Simply put, the challengers argued that Banda does not hold a Grade 12 certificate or an equivalent qualification, as the Constitution requires. Their evidence was an Examinations Council of Zambia opinion that her 1978 Cambridge OCR certificate is not equivalent. The court found that opinion did not, on its own, prove disqualification.

Who is behind the petition against the ticket?

The petition was filed by governance activist Isaac Mwanza and the Consortium of Civil Society Organisations on Governance and Constitutionalism. Data from the court record shows the pair were served on 28 May, with the hearing set for 17 June and the dismissal delivered the same day.

How does the ruling affect the 13 August election?

The key is that the Socialist Party ticket stays on the ballot. M’membe joins President Hakainde Hichilema and the main opposition blocs in a confirmed field. Analysis of the contest shows a crowded race in which the 50%-plus-one threshold could force a second round.

What are the next steps in the eligibility cases?

In other words, the ruling sets the standard for what remains. Evidence reviewed by the court shows future challenges must clear a high bar — those who allege a disqualification must prove it. The full written judgment is expected on the court record in the coming days.

Sources

Constitutional Court of Zambia: Constitutional Court judgments record (judgment delivered 17 June 2026). Electoral Commission of Zambia: 2026 general election information. Institute for Security Studies: analysis of Zambia’s 2026 election. Background: 2026 Zambian general election. Kwacha News coverage: the scheduled eligibility hearing, the 50%-plus-one analysis, and the shape of the August race.