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By Makasa chanda

Lusaka 29th October 2025

Economic Freedom Fighters (EFF) Zambia president Kasonde Chrispus Mwenda has taken the Zambian government and its key energy institutions to court, accusing them of violating citizens’ constitutional rights by exporting electricity while locals face severe power shortages.

According to court documents filed in the High Court for Zambia, Principal Registry, Lusaka, Mwenda has applied for leave to commence judicial review proceedings against the Attorney General, the Minister of Energy, the Energy Regulation Board (ERB), and the Zambia Electricity Supply Corporation Limited (ZESCO).

Mwenda argues that the export of electricity to neighboring countries during a time of national shortage is unconstitutional and breaches statutory obligations under the Electricity Act No. 11 of 2019. He claims that Zambians are being left with access to electricity for as little as four hours a day, while power continues to be exported abroad.

The application cites Sections 17 and 18 of the Electricity Act, which require authorities to prioritize domestic electricity needs and empower the Minister of Energy and ERB to declare an emergency to curtail exports in times of shortage.

“The continued exportation of electricity amidst prolonged load shedding amounts to a violation of Zambians’ constitutional right to access essential services,” the application reads in part.

Mwenda’s legal challenge is brought under Order 53 of the Rules of the Supreme Court (1965, White Book Edition), which governs applications for judicial review. The case seeks the court’s permission to proceed with a substantive hearing.

The respondents including the Attorney General, the Minister of Energy, ERB, and ZESCO are expected to respond once leave is granted.

This case comes amid growing public frustration over extended power cuts across the country, with some areas reportedly experiencing up to 20 hours of load shedding daily. Many Zambians have questioned the government’s decision to maintain power export agreements while domestic consumers endure blackouts.

If the High Court grants Mwenda’s application, the judicial review could force the government to reconsider or suspend electricity exports until national supply stabilizes.

CIC PRESS TEAM