Fears of Electoral Process Amendment Bill Come to Life

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By Amb. Emmanuel Mwamba

Fears of Electoral Process Amendment Bill Come to Life

Ministry of Justice has presented to the National Assembly, the Electoral Process Bill of 2026 to amend the the Elctoral Process Act of 2016.

Summary of Key Issues and Recommendations and our View



●1. Definition of “Campaign Period”

•Bill Position: The fixed three-month campaign period is replaced with a discretionary period determined by the Electoral Commission of Zambia (ECZ).

•Recommendation: Retain the fixed 3-month period to ensure electoral integrity and prevent potential abuse by ECZ.



•Significance: A fixed period provides predictability and fairness; discretionary power may undermine trust.

●2. Definition of “Secretary-General”

•Bill Position: Defines “secretary-general” as an office-bearer designated by a political party.
•Recommendation: Delete or amend this provision, as it intrudes on parties’ internal affairs.
•Significance: The bill’s definition is seen as overstepping legislative boundaries and infringing on constitutional freedoms.



●3. Definition of “Adoption Certificate”

•Bill Position: Limits signing authority to president or secretary-general.
•Recommendation: Amend to allow any “designated office-bearer” to sign, respecting party autonomy.
•Significance: The current definition restricts internal governance and contradicts the Societies Act.



●4. “Democratically Determined” (Party List)
•Bill Position: Leaves the term undefined, allowing parties to decide internally.
•Recommendation: Leave undefined, but prescribe the period for ECZ to rectify party lists to avoid abuse.
•Significance: Internal party democracy should not be dictated by statutory law; however, ECZ’s discretionary powers need limits.



●5. Inspection Period for Provisional Register
•Bill Position: Reduces inspection period from 90 to 14 days, with ECZ discretion.
•Recommendation: Retain the 90-day period to maintain public trust and allow adequate scrutiny.
•Significance: Shorter periods and discretionary power may undermine transparency and public confidence.



●6. Progressive Publication Provisions (Gazette + Media)
•Bill Position: Retains requirement for publication in newspapers and electronic media.
•Recommendation: Support retention, but note concerns about ECZ’s discretion in media selection[1].1
•Significance: Expands access to information but discretion could affect impartiality.



●7. Mixed-Member Proportional Representation Provisions

•Bill Position: Retains provisions for proportional representation, including quotas for women, youth, and persons with disabilities.
•Recommendation: Support inclusion as fair and necessary for constitutional compliance.
•Significance: Implements constitutional changes and promotes inclusivity.



●8. Removal of Official Mark from Ballot Papers

•Bill Position: Removes requirement for official mark on ballot papers.
•Recommendation: Oppose removal; retain the official mark to safeguard electoral integrity.

•Significance: The official mark is crucial for preventing fraud and maintaining public confidence.



●Clause-by-Clause Analysis

The file provides a detailed breakdown of each clause, including arguments for and against the proposed changes. It emphasises the importance of maintaining fixed periods, respecting party autonomy, ensuring transparency, and safeguarding electoral integrity. Concerns are raised about excessive discretionary powers granted to ECZ, which could lead to unpredictability and reduced public trust.

8 COMMENTS

  1. Hakainde and his Imingalato.
    How can one describe this Bill?
    .Remove the 3 month Campaign Period and leave it to the discretion of Mwangala Zaloumis’ Electoral Commission????
    Hakainde doesn’t want to give space to opposition Political Parties to campaign, and he wants the ECZ to do his bidding.
    He wants to be campaigning alone, and give just a month or less for the others to do the same.
    And if one scrolls down this Bill, most of the Articles are to shrink the space for participation of Opposition Political Parties in Elections.
    . Removing of a Authenticity Seal on Ballot Papers???
    What is Hakainde taking Zambians for?
    This man is a danger to our Democracy.. Come 13th August, 2026 he should go.

    • Unfortunately your strong in the media not face to face with HH in the booth. You can’t beat him anyway. Kutali saana!
      Come 13th August we are advocating for NO 2 TERM FOR PRESIDENT. He shall serve like Mayors, CouncilChairpersons and Councilors; performance based.
      Why change Presidents because of 2 terms even when he/she performing excellently. People to vote him/her out NOT 2 terms…

  2. A Bill can exist on paper but none existent in reality. For example, under PF whatever Bill they were following never allowed HH to campaign even during the official campaign period. And the very people who denied him his democratic rights to campaign are the same people who are now accusing him of imingalato. Ba PF please spare us from your ukusabaila, things were worse during your time.

    • True Bro’ ba PF seem to be deliberately forgetting how they treated opposition.
      HH was even missed with live bullets in Chingola during official campaign period.
      So, they should just keep quiet…
      Nsasa kuchinjana. Here we come with sledge hammer.

  3. Only a Foolish member of Parliament can vote for this useless Bill.
    What we will have on 13th August, 2026 are Presidential and General Elections..They involve Elections for Councillors, District Council Chairpersons, Mayors, Members of Parliament, Vice President and President.
    The candidates for these positions are supposed to interact with the electorates, and as per our Constitution,once Parliament dissolves , like in this case on 13th May, 2026, the Campaign period should start..It gives candidates 3 months to sell their manifestos to the people of Zambia.
    But Not so in Hakainde’s Zambia! He doesn’t want this. He wants the Campaign period to be at the discretion of Mwaangala Zaloumis ‘ Electoral Commission! For all candidates to stay put until Mwaangala decides. Meanwhile him will continue holding campaign meetings every where unhindered.
    What really is going on in Zambia?
    For 5 years, Opposition Political parties haven’t been allowed to mobilise and interact with the people.
    The only time they are expecting to interact with the people is the 3 months after dissolution of Parliament. Unfortunately this is also under threat. Hakainde wants to take even this away.
    Like I keep saying, the 13th August, 2026 elections will be the most confused Elections in the history of Zambia.
    The people of Zambia shouldn’t allow this.
    We need to safeguard our Multi Party Democracy democracy from people who have a phobia for Elections. Nshamonapo. Iyeeh.

  4. Unfortunately for Mwamba, PF has become the boy who cried wolf. Because of your past actions Zambians don’t take anything you say or claim seriously. The wrecklessness and havoc PF caused during its reign is unforgettable and too traumatic that people now see through PF. People are not gullible anymore, funeral sympathy voting ended with Sata, tolerating lawlessness ended ECL. Sell the zambia a clear manifesto without referring to HH and Zambians will listen. HH’s biggest advantage is he has direction and discipline, which no one in the opposition can claim. Not all campaign promises have been fulfilled but its not due not lack of trying, Zambians can see the fruits of his efforts and with a bit more time the few remaining promises will be met. The few remaining promises were due to the underestimated gravity of the damaged caused by PF but you expect zambia to bring back PF to cause worse damage after what the country has had to endure to restructure all the debt and stabilise the economy. Hardworking Zambians are happy with the direction….majority of the complainants are the people who got used free handouts, the sidechicks that used to get free accommodation in salama Park and fly to dubai with knowing the actual cost of things.

  5. This is what fools resort to when they finally and clearly see that they can not unseat HH in August. And they have no vision, ZERO executable plans to better the lives of citizens. Because they were in government to fill their own stomachs.
    Rest assured, your fugitive status has been extended indefinitely. Not because of anyone’s fault, but your own. Your own cowardly and spineless character that can not take responsibility for your own actions is the real challenge. Not HH. Not UPND.

    ZANACO bank still want that money you stole when you worked there as a teller.

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