ZAMBIA: THE COURTS MUST REMAIN ACCESSIBLE TO DEMOCRACY- Zim Senator Jameson Z. Timba

ZAMBIA: THE COURTS MUST REMAIN ACCESSIBLE TO DEMOCRACY

By Senator Jameson Z. Timba
24 August 2026

I am deeply concerned by reports emerging from Zambia that courts have been closed today following an alleged security threat, at a particularly sensitive moment in the country’s post-election process.

Every State has a duty to protect its courts, judicial officers and citizens against genuine security threats. But that responsibility must be exercised in a manner that does not extinguish or frustrate the constitutional rights of citizens.

This is particularly important where strict time limits apply to challenges arising from an election.

There are reports that the period within which challenges to the recently concluded presidential election may be lodged is either approaching its end or is presently at a critical stage. There are also reports that prospective litigants intend to approach the courts.

In these circumstances, the closure of courts without a clearly communicated alternative mechanism for receiving urgent election petitions raises serious questions about access to justice and the integrity of the democratic process.

An election does not end when the votes are counted and a winner is declared. The right of an aggrieved candidate or citizen to approach an independent court is itself an integral part of a democratic election.

No person should lose a constitutional right because the State has made the institution through which that right must be exercised inaccessible.

If the security situation genuinely requires physical court buildings to remain closed, the Zambian Judiciary should urgently clarify how time-sensitive petitions can be filed. Alternatively, it should ensure that no litigant is prejudiced by the period during which access to the courts has been interrupted.

Democracy requires both winners and losers to play according to rules known in advance

Closing access to the courts at the moment when an electoral challenge may be brought, without providing an effective alternative, would be like removing the goalposts just as your opponent is about to take a penalty.

I therefore hope that the Judiciary and relevant authorities in Zambia will urgently clarify the situation and reassure Zambians, the region and the international community that every person entitled to approach the courts will be able to do so without obstruction or prejudice.

I have also noted reports and political speculation concerning the future of presidential term limits in Zambia. At this stage, I have not seen sufficient evidence to treat claims of an intended removal of presidential term limits as established fact, and they should therefore be approached with caution.

But the democratic principle is worth stating clearly.

Should any proposal arise to fundamentally alter presidential term limits, such a consequential change should enjoy the genuine and demonstrable consent of the Zambian people. A constitution is not merely an instrument available to those who temporarily command a parliamentary majority. It is a covenant between the State and its people, including generations yet to come.

Zambia has historically played an important role in the democratic and constitutional development of our region. What happens there matters beyond its borders.

Southern Africa needs stronger democratic institutions, not weaker ones; open courts, not inaccessible ones; and constitutions whose authority ultimately rests with the people.

The people must always have somewhere to go when they believe power has acted unlawfully.

That place is the Court.

And its doors—physical or otherwise—must remain open.

Senator Jameson Z. Timba

Jameson Z. Timba is a former Minister of State in the Prime Minister’s Office (2009–2013), Founding Principal of Sungano yeVanhu – Ubumbano Lomphakathi, Convenor of the Defend the Constitution Platform (DCP), Presidium member of the Progressive Alliance, and political leader.