It's the ECZ that sets by-election dates, not the President as claimed in some online posts

It’s the ECZ that sets by-election dates, not the President as claimed in some online posts

Misleading

According to Article 57(3) of the Constitution of Zambia, the responsibility for setting the date, place, and time of an election, and in this instance the by-election in Petauke, lies with the Electoral Commission of Zambia (ECZ), not the President. Article 57(3) states: “The Electoral Commission shall, by regulation, set the place where, and the date and time when, a by-election is to be held.”  In line with its constitutional provision and mandate regarding the holding of by-elections, the ECZ has issued an official press release announcing that Thursday, 6th February 2025, as the scheduled date for the Petauke Central Constituency by-election, as well as by-elections in Ntanda Ward in Mpongwe District and Litawa Ward in Mongu District.

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Verified Dec, 18 2024

Claim

On 18th December 2024, the Patriotic Front Facebook page published a post alleging that the Republican President, Mr. Hakainde Hichilema, had set 6th February 2025, as the election date for the Petauke Central Constituency by-election. 

Rating Justification

iVerify Zambia has determined as misleading the claim by the Patriotic Front Facebook page that the Republican President, Mr. Hakainde Hichilema, has set February 6, 2025, as the election date for the Petauke Central parliamentary by-election.

According to Article 57(3) of the Constitution of Zambia, the responsibility for setting the date, place, and time of an election, and in this instance the by-election in Petauke, lies with the Electoral Commission of Zambia (ECZ), not the President. Article 57(3) states: “The Electoral Commission shall, by regulation, set the place where, and the date and time when, a by-election is to be held.”

Article 57(1) of the Constitution makes it the preserve of the Electoral Commission of Zambia to ensure that hold a by-election within ninety days of the occurrence of the vacancy in the office of Member of Parliament, mayor, council chairperson or councilor.  “(1) Where a vacancy occurs in the office of Member of Parliament, mayor, council chairperson or councillor, a by-election shall be held within ninety days of the occurrence of the vacancy.”

In line with its constitutional provision and mandate regarding the holding of by-elections, the ECZ has issued an official press release announcing that Thursday, 6th February 2025, as the scheduled date for the Petauke Central Constituency by-election, as well as by-elections in Ntanda Ward in Mpongwe District and Litawa Ward in Mongu District.

Therefore, while the date for the by-election is correct as announced by the ECZ, the claim that President Hakainde Hichilema set the date for the by-election is misleading.

Evidence and References

  1. The Constitution of Zambia, Act No. 2 of 2016 
  2.  Press Release by The Electoral Commission of Zambia (ECZ) on the By-Elections for One (1) National Assembly and (02) Two Wards 

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