IN STATEMENT
The Law Association of Zambia (LAZ) has called for the urgent restoration of access to the courts, warning that the ongoing closure could interfere with access to justice and prejudice people seeking to exercise constitutional and statutory rights.
In a statement dated August 24, 2026, LAZ President Arnold Kaluba expressed concern over the closure of courts and the presence of heavily armed military personnel around court premises in Lusaka, including reports that some premises had been sealed off with tape marked “Crime Scene.”
Mr Kaluba said the association was particularly concerned that, at the time of issuing its statement, there had been no formal public explanation outlining the reasons for the closures, their geographical scope, expected duration or arrangements being made to ensure continued access to justice.
He said LAZ had seen an unsigned memorandum dated August 24 addressed to Judiciary staff communicating the closure of the courts, but noted that no further official information had been made available to lawyers, litigants or members of the public regarding the circumstances behind the decision.
LAZ has warned that the closure has immediate implications for people requiring urgent judicial intervention, including those with pending criminal proceedings, bail applications and applications for habeas corpus.
Mr Kaluba cited Article 13(3) of the Constitution, which requires persons arrested or detained and not released to be brought before a court without undue delay, arguing that any disruption to court operations must be managed in a manner that protects constitutional rights
The association has also raised concern about the timing of the closures in the aftermath of the August 13 General Election.
LAZ noted that Article 103(1) of the Constitution provides a seven-day period within which a person may petition the Constitutional Court to nullify the election of a President-elect following the declaration.
It warned that closing the courts during such a constitutionally prescribed period creates a risk that people intending to exercise their right to challenge an election could be disadvantaged by uncertainty over access to court registries, filing facilities and judicial officers.
The concern comes as the closure of Zambia’s top courts has coincided with the final period for lodging a presidential election challenge. Reuters reported that the Constitutional Court was among the courts affected and that opposition leader Brian Mundubile had indicated his intention to challenge the August 13 presidential election results. (Reuters)
LAZ acknowledged that genuine and immediate security concerns may sometimes require exceptional measures to protect judicial officers, staff, litigants and members of the public. However, it stressed that such measures must be lawful, proportionate and implemented without undermining access to justice or the independence of the Judiciary.
The association has consequently called on the Judiciary to urgently reopen the courts as soon as it is safe and practical, while immediately establishing alternative arrangements for filing urgent and time-sensitive matters pending full reopening.
It has further called for priority to be given to cases involving personal liberty, constitutional and electoral matters, as well as proceedings governed by strict statutory or constitutional deadlines.
LAZ also wants assurances that no person will be disadvantaged by the closures in relation to filing deadlines and has called for a clear explanation of the reasons for the closures, their scope, expected duration and the legal and institutional basis for the security measures at court premises.
Mr Kaluba said LAZ is engaging Chief Justice Mumba Malila and the Attorney General over the matter and will continue monitoring developments.
The association stressed that clear and timely communication is necessary to protect constitutional rights, minimise disruption to people requiring access to public institutions and maintain public confidence in the administration of justice.
Can LAZ advise us which case comes first to be heard between the alleged terrorist crime and the petition of the recent general elections.
LAZ should not be seen tp take sides as to which merits attention first but must show reliance on the law as it stands.
While rights of appeal is welcome , we should not take it for granted that the alleged terrorist activities are not founded. These must be thoroughly investigated and brought to trial because unlike the other elections where UPND petitioned the lives of 21 million Zambians are at stake. We need answers.
Another, point to consider is that other provisions of the electrroal act were breached and there has been no reference or condemnation from LAZ. To be specific what is the institutions position on a candidate who declares himself as a winner of an election where it is the preserve of the electrroal commission of Zambia to announce this. This is critical issue where LAZ is mute. Please guide on these matters which are in public domain.
Looking at the independent report by The Catholic team which participated and the TIZ it is clear the indications that what ECZ announced was accurate.as far as who the winner is. The silence on these very significant matters does not show clarity on the legal position so we are enlightened.