04/09/2026
Hon.Yotam Mtayachalo - Chama central Member of Parliament WEIGHS IN ON GROWING PARLIAMENTARY ELECTION PETITIONS
By Stephen Kakwende
LUSAKA — Chama Central Member of Parliament-elect Hon. Yotam Mtayachalo has cautioned losing parliamentary candidates against rushing to court to challenge election results without sufficient evidence to support their petitions.
Hon Mtayachalo says the growing number of parliamentary election petitions following the recently concluded elections should be approached with a clear understanding of the legal threshold required to have an election nullified.
He noted that under the Electoral Process Act, 2016, petitioners are required to present credible evidence capable of persuading a competent court that alleged electoral irregularities were sufficiently serious to warrant the nullification of an election.
According to Hon Mtayachalo, the 2016 amendments raised the threshold for nullifying parliamentary elections, making it necessary for alleged electoral violations to be substantial and to have a significant bearing on the outcome of an election.
He argued that isolated violations or allegations based on speculation may not, on their own, be sufficient grounds for nullification, adding that the burden of proof rests with the petitioner.
Mtayachalo further cautioned that election petitions can be costly and risky undertakings, particularly where alleged misconduct cannot be directly linked to a candidate or their appointed election agents.
He cited the Constitutional Court cases of Kafwaya v Katongo and Others and Michelo v Sampa and Others, which he said demonstrate the importance of presenting clear, cogent and credible evidence when seeking to overturn an election result.
In the Michelo v Sampa case, Mtayachalo said the Court rejected allegations that were not sufficiently connected to the candidate or an appointed agent.
He has consequently urged lawyers advising prospective petitioners to objectively assess the strength of their clients’ cases before proceeding to court.
Mtayachalo also drew from his own political experience, recalling that he lost two elections, including a 2012 by-election and another election in 2016.
He said his then party, the Movement for Multiparty Democracy (MMD), under the leadership of Dr. Nevers Mumba, resolved to challenge the by-election results despite having some evidence.
However, Mtayachalo said his lawyer, Mrs. Ireen K***a of George K***a & Company, advised him about the potential consequences and costs associated with losing an election petition.
He said the matter eventually resulted in a negotiated settlement through the late President Edgar Lungu, who at the time served as Minister of Home Affairs.
The matter was cited as Yotam Mtayachalo v January Zimba and the Electoral Commission of Zambia (ECZ).
Mtayachalo said his experience demonstrates the importance of carefully evaluating the evidence and potential consequences before deciding whether to challenge an election result in court.
He maintained that although candidates have the right to seek legal redress where genuine grounds exist, such decisions should be based on credible evidence and a proper assessment of the applicable legal requirements.
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