Part 1 :
LEGAL EXPERTÉ IN SUPPORT OF INDEPENDENT PRESIDENTIAL CANDIDACY UNDER THE ZAMBIAN CONSTITUTION
Subject: Constitutional Legitimacy of Independent Presidential Candidates in Zambia
Author: CEMM Date: 09 October 2025
1. Introduction
Recent public commentary by Hamasaka Clayson state house Communication specialist , suggesting that the Zambian Constitution prohibits any citizen from contesting the presidency as an independent candidate. This interpretation, while assertive, is not supported by the full constitutional text or jurisprudential precedent. This experté seeks to clarify the legal position and affirm the constitutional right of citizens—such as Hon. Given Katuta and others—to stand for the office of President without party sponsorship.
2. Constitutional Framework
The relevant provisions are found in the Constitution of Zambia (Amendment) Act No. 2 of 2016, particularly:
Article 100(1): A person qualifies to be a presidential candidate if they:
Are a Zambian citizen by birth or descent;
Are at least 35 years old;
Have both parents who are Zambian citizens;
Are qualified to be elected as a Member of Parliament;
Have paid the prescribed nomination fee;
Have obtained at least 100 supporters from each province.
Notably, Article 100 does not explicitly require party sponsorship. The requirement to be “sponsored by a political party” appears in Article 99(2) only in reference to party-sponsored candidates, not as a universal condition.
3. Interpretation and Precedent
The Constitution recognizes independent Members of Parliament under Article 72, affirming the legitimacy of non-party representation.
The Electoral Process Act No. 35 of 2016, Section 34, provides for independent candidates in presidential, parliamentary, and local government elections.
The Electoral Commission of Zambia (ECZ) has previously accepted independent presidential nominations, including in the 2001 and 2011 elections.
4. Legal Principle: Inclusivity and Equal Access
The Constitution is the supreme law of the land. Any interpretation that restricts candidacy must be:
Explicitly stated;
Reasonably justifiable in a democratic society;
Consistent with the Bill of Rights, particularly Article 21 (Freedom of Association) and Article 23 (Protection from Discrimination).
To deny independent candidacy would violate the principle of equal access to public office, enshrined in Zambia’s democratic ethos.
5. Conclusion
There is no constitutional prohibition against standing as an independent presidential candidate. The Constitution provides a framework for both party-sponsored and independent candidates. Hon. Given Katuta and others who seek to contest independently are well within their legal rights, and any attempt to bar them must be challenged as unconstitutional.
6. Recommendation
It is recommended that:
The Electoral Commission of Zambia reaffirm the eligibility of independent presidential candidates;
Legal practitioners and scholars clarify the distinction between party-sponsored and independent candidacy.
Citizens be encouraged to exercise their democratic rights without undue restriction we however encourage them to Join the Winning Team The Tonse Alliance 2026 under the SPV of the NCP