Court Closures Raise Questions as Mundubile’s Presidential Petition Deadline Expires

 

LUSAKA, August 24, 2026 — The constitutional period within which losing presidential candidate Brian Mundubile may challenge the results of Zambia’s August 13 general election expires today amid the closure of superior court premises in Lusaka and other parts of the country.

The restrictions have placed particular attention on the Constitutional Court, where a presidential election petition would ordinarily be lodged. As of Sunday evening, there was no official confirmation that Mundubile had filed a challenge against the election of President Hakainde Hichilema.

President Hichilema was declared winner of the presidential election on August 16 after securing 2,965,326 votes, representing 60.49 percent of the valid votes cast. Mundubile received 1,856,217 votes, or 37.87 percent, according to final consolidated results from all 226 constituencies.

Article 105 of the Constitution requires a presidential election petition to be filed within seven days of the declaration of the result. Today is therefore being treated as the final day available for Mundubile to commence a legal challenge.

However, access to several judicial facilities has been restricted.

The Supreme Court premises in Lusaka were closed for what the Judiciary described as security reasons. Reports indicated that access to the High Court and Constitutional Court premises had also been affected, with police officers deployed and security tape placed around parts of the court complex.

Some Local Courts were similarly reported closed, while matters scheduled for hearing were adjourned to later dates. Information circulating within the Judiciary suggested that the affected courts would remain closed until further notice.

The restrictions immediately raised concerns about how litigants with urgent or time-sensitive matters could access court registries. Of particular interest is whether alternative arrangements have been established to receive a presidential election petition before the constitutional deadline expires.

The situation was not confined to Lusaka. High Court premises in Ndola, Chipata and Livingstone were also reported closed or under restricted access, with police officers deployed at the facilities.

In Chipata, armed police officers reportedly sealed off the High Court premises and prevented members of the public from entering. Eastern Province Police Commanding Officer Robertson Mweemba referred inquiries about the closure to the Zambia Police Service spokesperson.

A heavy police presence was also reported at the Livingstone High Court, while officers were deployed around the court premises in Ndola.

The simultaneous restrictions have attracted political attention because they coincide with the last day on which Mundubile is expected to file a challenge against the presidential election results.

Former politician Muhabi Lungu said he visited the High Court premises in Lusaka and found the gates closed and police security tape placed around the facility.

Lungu said he first passed the court at about 07:45 hours before later returning to confirm the situation. He subsequently expressed concern about the closure and called for an explanation.

Phoenix FM Zambia also reported that the High Court, Constitutional Court and Ministry of Home Affairs and Internal Security premises were visibly closed under tight security. The broadcaster highlighted the timing of the restrictions, noting that they occurred on the expected final day for Mundubile to lodge his petition.

Mundubile contested the election under the National Reconciliation Party for Unity and Prosperity banner, with the support of the Tonse-Pamodzi Alliance.

His prospects of pursuing a legal challenge have, however, become increasingly uncertain following political divisions within the opposition grouping.

NRPUP Secretary General Nonde Mubanga announced on Sunday that the party was withdrawing from the Tonse Alliance, saying it needed to reposition itself and concentrate on its long-term political objectives.

NRPUP president Ezra Tembo, the party’s legally registered leader and newly elected Member of Parliament for Dag Hammarskjöld, has separately accepted the presidential election outcome. Tembo called on Zambians to allow President Hichilema and the UPND to govern.

Resolute Party president Martin Phiri and Tonse Alliance Secretary General Chris Zumani Zimba have also distanced themselves from efforts to mount a presidential election challenge.

Zimba has discouraged continued confrontational post-election politics and instead advocated dialogue and reconciliation between the competing political camps.

Civil society lawyer Linda Kasonde, who had considered pursuing a separate citizen-led petition, said last week that she did not have sufficient evidence to proceed with the proposed action.

Against this background, the closure of judicial premises has added another layer of uncertainty to Mundubile’s position.

Some opposition-linked statements circulating online have alleged that the courts were deliberately closed to prevent him from filing his petition. The statements have accused Chief Justice Mumba Malila, Judiciary administrators and President Hichilema of responsibility for the restrictions.

No evidence has publicly been produced to substantiate those allegations, and the Judiciary has attributed the closures to security concerns.

Nevertheless, the timing has prompted calls for a detailed explanation of the security circumstances that necessitated restricting access to the courts. Questions have also been raised about whether special arrangements were made to receive urgent and constitutionally time-bound documents.

Social media commentator Andrew Kazembe said the situation had implications for judicial independence and access to justice. He argued that preventing any candidate from exercising a constitutional right to challenge an election result would raise serious legal questions, irrespective of the candidate or political party involved.

Kazembe called for transparency regarding who authorised the closures, the reasons behind the decision and the measures established to preserve access to judicial services.

Mwamba Payne Kapema also linked the restrictions to opposition allegations concerning the management of the election. Her claims, like other accusations circulating online, have not been independently established.

Mundubile and some opposition figures have disputed the fairness of the electoral process, raising concerns about vote counting, verification and result management.

Opposition representatives have alleged that the Electoral Commission of Zambia suspended vote counting when Mundubile was leading and have cited the interruption as part of their broader objections to the declared outcome.

The Electoral Commission and government have not accepted allegations that the final results were manipulated.

Such disputes would ordinarily be determined through a presidential election petition, where petitioners would be required to present evidence and respondents would have an opportunity to challenge the claims before the Constitutional Court.

That makes access to the Constitutional Court registry the immediate issue. Beyond the political disagreements surrounding the election, the central question is whether Mundubile has a practical and legally recognised avenue through which to file his petition before the deadline.

The Wake Up Campaign for a Better Zambia has meanwhile urged Mundubile and his running mate, Makebi Zulu, not to rush into seeking asylum. The organisation said the two should instead cooperate with established legal processes and allow police to investigate and resolve any allegations involving them.

Mundubile was reportedly seeking protection at United Nations agency premises in Lusaka following post-election security operations. There had been no official confirmation of his location or legal status by the time of publication.

Government had also not issued a comprehensive statement explaining whether the court closures were connected to the petition deadline.

The Judiciary and Zambia Police Service are now expected to clarify the nature of the security threat, identify all affected judicial facilities, indicate how long the restrictions will remain in place and explain whether urgent court documents can still be received.

For Mundubile, the constitutional clock continues to run.

With the petition period expiring today and court premises in Lusaka, Ndola, Chipata and Livingstone reportedly closed or under restricted access, attention now turns to whether he will lodge his challenge before the deadline—and whether the Judiciary will demonstrate that access to the Constitutional Court remained available despite the physical restrictions.