New hearing in Lusaka Mayoral election petition set

The Local Government Elections Tribunal sitting in Lusaka has dismissed preliminary objections raised by Lusaka Mayor-elect Simon Mwewa and the Electoral Commission of Zambia (ECZ) seeking to throw out an election petition challenging the recent mayoral poll outcome. The tribunal, chaired by Magistrate Dominic Makalicha alongside a three-member panel, ruled that the petition filed by National Reconciliation Party for Unity and Prosperity (NRPUP) candidate Gabriel Kibombwe is properly before the court and will proceed to a full hearing on its merits. In the legal challenge, Mr. Kibombwe—who secured 195,041 votes against Mr. Mwewa’s 200,029 votes in the closely contested August 13 mayoral race—is seeking a court declaration that the election of Mr. Mwewa is null and void. Legal counsel representing the respondents had initially urged the tribunal to dismiss the petition on procedural grounds. They argued that Mr. Kibombwe failed to comply with strict service provisions under the Local Government Elections Tribunal rules, noting that the documents were received by a third-party personal assistant rather than being personally handed to the respondent, and contended that the petitioner failed to properly outline core facts. Rejecting these arguments, the tribunal held that although personal service was not directly effected on Mr. Mwewa, the respondent demonstrably possessed actual knowledge of the petition, having swiftly filed a formal answer through his legal representatives. Furthermore, the tribunal emphasized that technical procedural rules cannot override the substantive provisions of the principal Electoral Process Act, which guarantees aggrieved candidates the right to petition election outcomes within the prescribed statutory timeframe. Political analysts view the tribunal's ruling as a critical test of electoral jurisprudence and due process in Zambia's local governance structures. Election petitions serve as a vital institutional mechanism for resolving di