ECZ IS ON FIRM GROUND WITH REGARDS TO CAMPAIGN MATERIALS AND REGALIA
July 13th, 2025
SOLWEZI – I have seen a letter of complaint from the opposition NCP who are the flag carriers of the Tonse alliance in the Mfuwe Parliamentary byelection in which they are complaining against the announcement by ECZ Commissioner McDonaldld Chipenzi that the commission will not allow regalia other than that for the participating political parties or independent candidates.
My response which Is premised on law.
The law of regalia during election campaigns is well articulated in Section 29 of the Electoral Process Act No 35 and also the interpretation section 2 of the same Act.
Section 29.(2) States that
A candidate and political party has the right to have the content of the candidate’s or political party’s campaign message reported in public media in a fair and balanced manner.
Sub section goes on to guide that
“A candidate or political party may, during an electoral
campaign, publish or distribute campaign materials of such a nature and in such a manner as may be prescribed by the Commission
Further subsection 4 sums it all when it provides that
For the purposes of this section campaign messages” means an activity, statement or any other form of expression aimed at promoting particular political ideas, policies and strategies for purposes of obtaining votes for a candidate or political party contesting an election.
The interpretation section 2 of the Act defines campaign material” to mean party or candidate manifestos, advertisements,billboards, posters, tshirts, cloth or other material depicting colours regarding symbols, and other designs of a party or pictural images of a candidate.
From the forgoing, the Act is trying to forestall public order during campaigns by ensuring that only messages and Campaign materials depicting the idealologies, policies and programmes of the contesting political parties and candidates are propagated.
It will be good to know the law the aggrieved individuals are citing to counter the above provision.
Assuming they are leaning on Articles 20 and 21 of the Constitution of Zambia on freedom of Expression and Association, again these articles are instructive.
Articles 20 and 21 of the Zambian Constitution of 1991 relate to fundamental rights and freedoms.
For avoidance of doubt here is what they say;
Article 20: Freedom of Expression. This article guarantees the right to freedom of expression, which includes the freedom to hold opinions without interference and to seek, receive, and impart information and ideas. However, this right can be restricted in the interests of defense, public safety, public order, public morality, or public health.
– Article 21: Freedom of Assembly and Association. This article protects the right to freedom of assembly and association, which includes the right to assemble peacefully and associate with others.Like Article 20, this right is also subject to restrictions that are reasonably required in the interests of defense, public safety, public order, public morality, or public health.
Public order and rule of law are key in safeguarding individual freedoms and promote a democratic society. Let us do the right thing for the sake of sanity and the continued peaceful campaigns noticed in the last 47 months since the ascendancy of the UPND to power.
Issued by;
Chilabalika Jonah
Legal Scholar