THE Constitutional Court has dismissed a petition by civil rights activist, Brebner Changala in a matter where he sought to halt the Mfuwe by-elections.
Changala had petitioned the Constitutional Court seeking an order for Electoral Commission of Zambia (ECZ) to cancel Mfuwe by elections schedule for August 7, 2025 on grounds that it contravened article 70(20)(f) and that the nomination of the three candidates is null and void.
This follows the conviction and sentencing of the former Mfuwe MP, Maureen Mabonga whose seat was declared vacant after she was convicted of sedition in May leading to the forthcoming elections in her area.
Changala cited the candidates in the by-election, Brian Kunda- of the National Congress Party (NCP), Charles Mubanga- of Socialist party (SP), Malama Mfunelo- of United Party for National Development (UPND) and the Attorney General plus ECZ as respondents.
The activist submitted that the main object of the petition is to promote democracy and constitutionalism by challenging the nomination of Kunda, Mubanga and Mfunelo for the Mfuwe by election in contravention of article 70(2)(f) of the Zambian constitution (amendment) act no.2 of 2016 by ECZ.
But when the matter came up for hearing, Changala decided to make a U-turn after the court on July 31, 2025 threw out former Mfuwe member of Parliament’s petition to cancel the by-elections in her constituency.
Knowing that it was a similar application, Changala applied to the court to discontinue his matter.
He informed Judge Judy Mulongoti during hearing that he wishes to discontinue his matter following the judgement earlier delivered.
“In view of the judgement that was rendered by the Concourt….on Mfuwe by-elections, we received instructions from our client to discontinue the matter.” Changala’s lawyer submitted.
Unfortunately, the court did not take it lightly and warned him to desist from filing multiple actions.
The Judge discontinued the matter as prayed by the petitioner.
“Upon hearing counsel for the petitioner to discontinue the matter and being no objection from the respondents, the matter is accordingly discontinued as prayed. I make no order as to costs but warn counsel to desist from such conduct of filing multiple actions.”
“I intimated at the first sitting that the Mabonga case over the Mfuwe Constituency had been filed and raising the same issues. In future please when the court is telling you something you need to heed to the advise,” judge Mulongoti said.
Earlier, on July 31, 2025 the Constitutional Court dismissed Mabonga’s Petition to halt Mfuwe by-election.
The court ordered the elections to proceed.
It ruled that imprisonment of a member of Parliament triggers the automatic vacation of the parliamentary seat by operation of law.
By Lucy Phiri
Kalemba August 2, 2025
