LUSAKA – Lusaka-based lawyer Dickson Jere has weighed in on the growing debate surrounding the withdrawal of presidential running mates, arguing that Zambia’s Constitution leaves a legal gap that should ultimately be resolved by the Constitutional Court.
His comments follow a recent statement by the Electoral Commission of Zambia (ECZ), which acknowledged that the Constitution does not expressly state what should happen if a presidential running mate withdraws from an election.
Jere Says Running Mate Is Not Just a Companion
In a social media post, Jere said the role of a running mate is far more significant than many people assume.
According to him, Zambia’s constitutional framework requires a presidential candidate and a running mate to contest elections as a single team.
He argued that a presidential candidate cannot legally stand alone because nomination papers are submitted jointly by both candidates.
“A Presidential candidate without a running-mate cannot file his nomination papers. It follows that a presidential candidate cannot stand without a running-mate,” Jere said.
Vice President Is Directly Elected
Jere noted that under Zambia’s constitutional arrangement introduced in 2016, the running mate automatically becomes Vice President if the presidential ticket wins the election.
Unlike previous constitutional arrangements, the Vice President cannot simply be removed by the President because the office holder is also elected by the people.
He explained that the running mate effectively serves as a standby President in the event that the Head of State dies, resigns or is removed from office.
Voters Elect a Presidential Pair
The lawyer stressed that Zambians vote for both the President and Vice President together on a single ballot paper.
For that reason, he believes allowing a presidential candidate to continue campaigning without a running mate would defeat the purpose of the running mate system.
According to Jere, if a running mate withdraws, the presidential candidature should become invalid unless another running mate is legally nominated before ballot papers are printed.
Suggests Replacement Before Ballot Printing
Jere proposed that where ballot papers have not yet been printed, presidential candidates should be allowed to nominate a replacement running mate.
However, he believes that once ballot papers have already been printed, withdrawals should not be permitted except in circumstances already provided for under the law.
He argued that such an interpretation would also prevent political parties from removing running mates shortly before polling day.
Calls for Constitutional Court Interpretation
While acknowledging the ECZ’s position, Jere said the Commission is not a court of law and therefore cannot authoritatively interpret constitutional provisions.
He believes the issue should be referred to the Constitutional Court for legal interpretation.
According to Jere, when legislation is silent, courts have the responsibility of filling legal gaps by applying recognised principles of constitutional interpretation, including the Purposive Rule and the Mischief Rule, to determine Parliament’s original intention.
Debate Continues Ahead of Elections
Jere’s views come at a time when questions surrounding presidential running mates have attracted increasing public attention ahead of Zambia’s forthcoming general elections.
His comments are expected to add to ongoing legal and political discussions over how the Constitution should be interpreted when unforeseen situations arise during the electoral process.
Whether the matter ultimately reaches the Constitutional Court remains to be seen, but legal experts agree that a definitive ruling could provide important clarity for future elections.
