View source for Article 52 of the Constitution of Zambia

{{Infobox law
| short_title    = Article 52 of the Constitution of Zambia
| long_title     = Nomination of candidates for election
| citation       = Constitution of Zambia (Amendment) Act No. 2 of 2016
| enacted_by     = [[National Assembly of Zambia]]
| territorial_extent = Zambia
| status         = In force
}}

'''Article 52''' of the [[Constitution of Zambia]] outlines the procedures governing the nomination of candidates for [[Elections in Zambia|elections]], including presidential, parliamentary, and local government positions. Enacted under the Constitution of Zambia (Amendment) Act No. 2 of 2016, it aims to ensure transparency, eligibility, and integrity in the nomination process.

== Provisions ==

Article 52 addresses the following:

* '''Nomination Procedures:''' The [[Electoral Commission of Zambia]] (ECZ) is mandated to set dates and guidelines for nominations. Candidates are required to submit their nomination papers in accordance with these provisions.
* '''Publication of Information:''' The ECZ must publish the full names, parties, assets, liabilities, and other declarations made by the candidates.
* '''Objections and Challenges:''' Any citizen may lodge an objection to a nomination. Courts are required to determine the objection within seven days of filing.
* '''Final List of Candidates:''' The ECZ must publish the final list of eligible candidates after all challenges are resolved.

== Clause 6 – Cancellation and Fresh Nominations ==

One of the most debated sections is '''Clause 6''', which states:

<blockquote>If a candidate dies, withdraws, or is disqualified after the close of nominations and before the election, the ECZ shall cancel the election and call for fresh nominations and an election within 30 days.</blockquote>

This clause has caused controversy due to its practical and political implications. For example, in January 2022, the ECZ cancelled the Kabwata Parliamentary by-election after a candidate withdrew, invoking Article 52(6).<ref>{{cite news |title=Kabwata By-Election Cancelled |url=https://www.zambianobserver.com/electoral-commission-cancels-kabwata-by-election/ |work=Zambian Observer |access-date=4 June 2025}}</ref>

== Criticism and Calls for Reform ==

Legal experts, civil society groups, and political stakeholders have criticised Clause 6 for the following reasons:

* It increases the cost of running elections.
* It creates a loophole that can be exploited for political gain.
* It disrupts the electoral calendar unnecessarily.

In response, the ECZ has acknowledged these concerns and assigned the Electoral Reform Technical Committee (ERTC) to review the clause and propose amendments.<ref>{{cite news |title=ECZ Admits Gaps in Article 52 |url=https://www.zambiamonitor.com/electoral-commission-admits-gaps-in-article-52-of-zambian-constitution-tasks-committee-to-review/ |work=Zambia Monitor |access-date=4 June 2025}}</ref>

== See also ==
* [[Elections in Zambia]]
* [[Constitution of Zambia]]
* [[Electoral Commission of Zambia]]

== References ==
<references />

== External links ==
* [https://www.parliament.gov.zm Parliament of Zambia]
* [https://www.zamstats.gov.zm Electoral Commission of Zambia]

[[Category:Zambian law]]
[[Category:Elections in Zambia]]
[[Category:Constitution of Zambia]]