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Brian Kambita v Jonathan Mwendelema and the Electoral Commission of Zambia

The Petitioner, Brian Kambita of the United Party for National Development (UPND), filed a parliamentary election petition in the High Court for Zambia challenging the August 13, 2026, election results for Zambezi East Constituency, where the First Respondent, Jonathan Mwendelema (standing as an Independent candidate), was declared the winner. The central legal issue is whether structural security failures, violent intimidation of both opposition agents and neutral electoral staff, and rampant voter bribery completely subverted the statutory mechanisms required for a free and fair poll. The petition rests on grounds of widespread non-compliance, undue influence, and corrupt practices, citing specific particulars where the First Respondent's agents attacked an ECZ official inside a polling station, forced opposition witnesses to sign GEN 20 forms in advance under threat of violence, engaged in ballot box tampering, and openly distributed cash bribes to voters waiting in queues. Furthermore, it highlights institutional obstruction by public school teachers who threatened staff and locked classrooms to influence the result. Consequently, the Petitioner seeks reliefs declaring the entire election null and void, an order for an interim scrutiny and physical recount of the ballots, an award for legal costs, and a claim for monetary damages against the Electoral Commission of Zambia for failing to maintain basic election security.

Case Ref: 2026/HP/EP/024 Filed High Court Cycle: 2026 Parliamentary petition

Case Overview

Case Reference 2026/HP/EP/024
Status Filed
Election Cycle 2026
Election Type General
Case Type Parliamentary petition
Jurisdiction High Court
Filing Date 28 August 2026
Published Date 25 September 2026

Public Summary

The Petitioner, Brian Kambita of the United Party for National Development (UPND), filed a parliamentary election petition in the High Court for Zambia challenging the August 13, 2026, election results for Zambezi East Constituency, where the First Respondent, Jonathan Mwendelema (standing as an Independent candidate), was declared the winner. The central legal issue is whether structural security failures, violent intimidation of both opposition agents and neutral electoral staff, and rampant voter bribery completely subverted the statutory mechanisms required for a free and fair poll. The petition rests on grounds of widespread non-compliance, undue influence, and corrupt practices, citing specific particulars where the First Respondent's agents attacked an ECZ official inside a polling station, forced opposition witnesses to sign GEN 20 forms in advance under threat of violence, engaged in ballot box tampering, and openly distributed cash bribes to voters waiting in queues. Furthermore, it highlights institutional obstruction by public school teachers who threatened staff and locked classrooms to influence the result. Consequently, the Petitioner seeks reliefs declaring the entire election null and void, an order for an interim scrutiny and physical recount of the ballots, an award for legal costs, and a claim for monetary damages against the Electoral Commission of Zambia for failing to maintain basic election security.

Parties

Petitioner

Brian Kambita

Candidate

Political affiliation: United Party for National Development

Candidate was on the UPND ticket

Respondent

Jonathan Mwendelema

Candidate

Political affiliation: Independent

Candidate was an Independent

Respondent

Electoral Commission of Zambia

EMB

Electoral Context

Political Office MP
Election Date 13 August 2026
Location Zambezi East (Constituency)
Winning Candidate Jonathan Mwendelema
Winning Party Independent
Margin of Victory - votes
Margin Percentage -

Legal References

Case Timeline

Case filed
Case received
Public record published

Case Documents

Brian Kambita v Jonathan Mwendelema Petition • 1.2 MB
Affivadits Affidavit • 1.5 MB