- Rules that Kabwata seat petition was duly filed
GRACE CHAILE
Lusaka
LUSAKA High Court has dismissed an application by Kabwata Member of Parliament Danny Yenga seeking to have a petition challenging his election dismissed, ruling that the petition was filed within the prescribed 14-day period.
Mr Yenga, who contested the Kabwata parliamentary seat on the National Reconciliation Party for Unity and Prosperity (NRPUP) ticket, won the August 13, 2026 election with 31,565 votes, defeating United Party for National Development (UPND) candidate and former MP Andrew Tayengwa, who polled 21,114 votes.
The matter came before High Court Judge Mary Mulanda for determination of Mr Yenga’s application to dismiss the petition under Section 100(3) of the Electoral Process Act No. 35.
Mr Yenga argued that the petition had been filed out of time, contending that he was declared duly elected on August 15, 2026, while Mr Tayengwa filed the petition on August 31, 16 calendar days later.
Mr Tayengwa, through his lawyers, however, argued that the August 15 date was a typographical error and that the results were actually declared on August 17.
Electoral Commission of Zambia (ECZ), in its affidavit in opposition, also confirmed that the results were declared on August 17.
Judge Mulanda said Section 100(3) of the Electoral Process Act requires an election petition to be presented within 14 days after the official declaration of election results.
She said there was no dispute that the Kabwata constituency results were declared on August 17, a position confirmed by the electoral body.
The judge consequently ruled that Mr Tayengwa’s petition had been filed within the prescribed period and that the court had jurisdiction to hear the matter.
“I have the requisite jurisdiction to hear the petition. Thus, the application fails. The petition shall proceed,” Judge Mulanda ruled.
The court subsequently proceeded to hear evidence from witnesses supporting Mr Tayengwa’s petition.
One of the witnesses, 43-year-old businessman Tiyeze Zimba, of Kamwala South, told the court that he was an election monitor under UPND during the August 13 election. https://enews.daily-mail.co.zm/welcome/home
