New Heritage Party Demands Two-Day Extension To File Presidential Petition

New Heritage Party (NHP) president Chishala Kateka has demanded a two-day extension to file the presidential election petition, arguing that time lost during the closure of courts across Zambia unfairly disadvantaged the opposition in the days immediately before the filing deadline.

In a statement issued this week, Kateka accused the Judiciary of shutting courts nationwide precisely at the point when opposition parties needed access to file their challenge to the results of the national vote, describing the timing as an injustice to all Zambians that raised serious questions about the credibility of the electoral process.

Courts across Lusaka were closed from Friday, 22 August, through Wednesday, 26 August, reopening on Thursday. The closure fell within the seven-day constitutional window for challenging the presidential result, with the final day for filing landing on Monday, 24 August, while the courts remained shut.

“Following this unprecedented move to have the courts closed on the penultimate and ultimate day for filing, what measures or alternative channels were provided to the opposition to have the petition filed?” Kateka asked.

The Electoral Commission of Zambia (ECZ) had declared Hakainde Hichilema winner of the presidential contest at 02:00 hours on Tuesday, 18 August, setting in motion the constitutional timeline within which any challenge to the outcome had to be lodged.

Kateka urged Chief Justice Mumba Malila to explain to the nation why no alternative filing channels were made available to litigants during the closure, and to clarify whether the disruption was a deliberate act or the result of administrative negligence.

She argued that where a litigant is prevented from filing by state action, time should not run against them, and cited both Zambian legal precedent and Commonwealth practice in support of her position that the opposition deserved additional time to file.

“Anything less than a two-day extension would be in bad faith and mean that there is no equity. And equity must prevail,” she said.

Kateka questioned whether denying the opposition its constitutional right to petition could be considered consistent with justice, warning that the closure had implications reaching well beyond the immediate parties involved in any legal challenge.

“The closure injured not only the opposition and citizens, but even the President-elect and UPND, whose victory will now forever be highly questioned and will continue to be ridiculed without court validation,” she said.

Her intervention adds to a broader chorus of concern from the legal fraternity over how the court closure was handled. The Law Association of Zambia (LAZ) has separately called on the Judiciary to develop a formal contingency framework to guide the courts during future disruptions, including clear alternative arrangements for urgent filings and applications.

LAZ president Arnold Kaluba said the association had engaged the Judiciary to understand the scope, duration and authority behind the closure, but had not yet received what he described as a meaningful and comprehensive explanation for the circumstances that prompted it.

He noted that the association had taken note of a public statement from State House indicating that the Executive did not sanction or direct the closure, and said LAZ had no reason at this stage to doubt that assertion.

Judiciary Chief Administrator Nalishebo Imataa had earlier announced the closure of courts nationwide in a memorandum citing security concerns, before a further memorandum this week confirmed the reopening of courts following what officials described as a de-escalation of the relevant security threat.

Inspector General of Police Graphael Musamba confirmed that heightened security measures at several government institutions, including the Ministry of Justice, the National Prosecution Authority and the Attorney General’s Chambers, had been implemented as a precaution and had since been eased following a reduction in the associated risk.

The reopening has restored access to judicial and registry services for litigants and legal practitioners, but questions remain over whether those affected by the closure, including opposition parties attempting to file election challenges, will be granted additional time to complete filings that fell due during the shutdown.

Kateka‘s call joins similar appeals from other opposition figures who argue the closure effectively narrowed the constitutional window for challenging the presidential result at the precise moment it mattered most.