The Constitutional Court has dismissed Isaac Mwanza’s application to stop the Electoral Commission of Zambia (ECZ) from conducting the Petauke Central by-election, pending the determination of his petition.
In a ruling delivered on yesterday, Justice Chisunka denied Mwanza’s request for a conservatory order, citing insufficient grounds to warrant the intervention.
“I am not satisfied that the degree of likelihood of success of the petition warrants the grant of a conservatory order,” Justice Chisunka stated.
Justice Chisunka said that granting the order would not serve the public interest, particularly that of the voters in the Petauke Central constituency.
The by-election is scheduled to take place on February 6, 2025.
“I do not see any prejudice that might be suffered by the petitioner that outweighs the public interest in conducting the by-elections,” Justice Chisunka said.
Justice Chisunka found that it was not a proper case in which he could exercise discretion in favor of the petitioner and therefore refused to grant the petitioner’s application for an interim conservatory order.
The court accordingly dismissed Mwanza’s application for the interim order, allowing preparations for the by-election to proceed as scheduled.
Mwanza, Executive Director of the Zambian Civil Liberties Union (ZCLU), petitioned the court to challenge the National Assembly’s decision to declare a vacancy in the constituency, citing concerns over constitutionality.
He argued that the assembly’s move violated the constitution by overstepping the judiciary’s mandate to adjudicate breaches of parliamentary conduct.
