ECZ legally mandated to disqualify ineligible Presidential Candidates at nomination stage

Claim

On 18th May 2026, the Electoral Commission of Zambia (ECZ) rejected the nomination papers submitted by the President of the United, Prosperous and Peaceful Zambia (UPPZ), Mr. Charles Chanda, and subsequently declared him ineligible to contest the Presidential election in the August 2026 general elections.

Following the announcement, several claims emerged on social media suggesting that the ECZ had no legal mandate to disqualify a prospective candidate from participating in the electoral process. Other commentators further argued that the Commission acted outside the law by not immediately announcing Mr. Chanda’s disqualification immediately after verifying his nomination documents, contending that the law prescribes a different procedure.

These claims sparked widespread debate and competing legal interpretations among members of the public and followers of the electoral process.

Verdict: False

The social media claims suggesting that the ECZ unlawfully disqualified Mr. Chanda from the presidential race are false and legally unfounded. These assertions are inconsistent with the clear provisions of the Constitution of Zambia, which expressly outlines the circumstances under which a presidential candidate may be disqualified. The Constitution also mandates the ECZ to carry out this responsibility as part of the nomination process. Therefore, the ECZ acted within its constitutional mandate in making its decision.

Rating Justification

iVerify Zambia has determined that claims circulating on social media alleging that the Electoral Commission of Zambia (ECZ) has no mandate to disqualify candidates at the nomination stage are false. The Zambian Constitution clearly outlines both the grounds for disqualification of a presidential candidate and the stage at which such disqualification may be effected. Article 99 of the Constitution designates the Chairperson of the Electoral Commission of Zambia as the Returning Officer in Presidential nominations.

Further, Article 52(1) provides that:

“A candidate shall file that candidate’s nomination paper to a returning officer, supported by an affidavit stating that the candidate is qualified for nomination as President, Member of Parliament or councillor, in the manner, on the day, and at the time and place set by the Electoral Commission by regulation.”

The Constitution goes on to state in Article 52(2) that:

“A returning officer shall, immediately on the filing of a nomination paper, in accordance with clause (1), duly reject the nomination paper if the candidate does not meet the qualifications or procedural requirements specified for election to that office.”

This provision makes it clear that the Returning Officer has the constitutional authority to reject a nomination paper immediately after it is filed if the candidate fails to meet the required qualifications or procedures.

Therefore, assertions by some social media users that the Chairperson of the Electoral Commission of Zambia has no legal mandate to disqualify an aspiring presidential candidate at the nomination stage are incorrect. The Constitution expressly empowers the Returning Officer to make such a determination and declaration upon scrutiny of the nomination papers.

 Conclusion

The Chairperson of the Electoral Commission of Zambia (ECZ) is constitutionally empowered and legally mandated to disqualify any presidential candidate who does not meet the requirements set out in the Constitution. This responsibility is exercised in accordance with the law and in the interest of safeguarding the integrity of the electoral process.

Members of the public are therefore encouraged to refrain from making unsubstantiated allegations against electoral management authorities. Such claims have the potential to undermine public trust and confidence in the electoral process, as well as the credibility and legitimacy of electoral outcomes.

Evidence

  1. Constitution of Zambia https://www.parliament.gov.zm/sites/default/files/documents/amendment_act/Constitution%20of%20Zambia%20%20(Amendment),%202016-Act%20No.%202_0.pdf

 

 

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