Update: EFF's Kasonde Mwenda asks High Court to stop 5 November Mandevu poll and overturn ECZ's fresh-election order

POLITICS

By ZPP Newsroom

Source: Zambia Monitor

Update: EFF's Kasonde Mwenda asks High Court to stop 5 November Mandevu poll and overturn ECZ's fresh-election order
Update: Earlier coverage reported that all three rivals of UPND candidate Adrian Banda withdrew from Mandevu and that Tonse asked for the poll to be cancelled. New since then: Economic Freedom Fighters president Kasonde Mwenda has gone to the High Court to stay the election. Economic Freedom Fighters (EFF) president Kasonde Mwenda has gone to the High Court in Lusaka to challenge the Electoral Commission of Zambia's (ECZ) decision to order a fresh parliamentary election in Mandevu, two days before the seat is due to be filled. His ex-parte application for leave to apply for judicial review, under cause number 2026/HTR/1316, was stamped on 2 November at the Principal Registry. It names the ECZ as first respondent and the Attorney General as second. It relies on Order 53 of the Rules of the Supreme Court, 1997 Edition, and cites Articles 1, 2, 45, 46, 57, 73, 118, 119 and 229 of the Constitution. Ex-parte means the applicant first asks a judge for permission without the other side present. Mr Mwenda challenges the decision the ECZ announced on 28 August, along with the notices and directions that followed. He says the commission "usurped powers constitutionally vested in the High Court" and adds: "There is no legal provision or authority empowering the Commission to take the action it has taken." "We have asked the High Court to intervene by staying the announced election scheduled for 5 November 2026," he said. ## Background The seat has been without a declared MP since the 13 August general election. An official report dated 18 August said unknown people attacked the Mandevu totalling centre, destroyed result transmission kits and left with all the documents, so the returning officer could not declare a result. On 28 August the ECZ ordered a fresh poll. The Zambian Civil Liberties Union questioned its legal basis at the time. Four candidates filed nominations on 8 October. Letters dated 28 October then withdrew three of them: Ntazana Musukuma Mutungwa of the