“ECZ OFFICIALS RISK JAIL FOR ELECTORAL MISCONDUCT: THE LAW MAY DELAY, BUT IT WILL NOT BE DENIED”
In Zambia’s evolving democratic landscape, the credibility of the Electoral Commission of Zambia (ECZ) is facing serious legal and political scrutiny. Central to the controversy are allegations that senior ECZ officials, particularly Chairperson Mwangala Zaloumis and Commissioner McDonald Chipenzi, may have compromised the Commission’s independence through partisan ties to the ruling United Party for National Development (UPND). Their prior affiliations, Zaloumis having been President Hakainde Hichilema’s legal counsel and Chipenzi a former UPND aspirant, raise legitimate questions about their ability to run the 2026 General Elections impartially.
While political leanings alone are not unlawful, multiple allegations now suggest that ECZ leadership may have crossed legal boundaries in the execution of their duties. If proven in a court of law, these actions could carry criminal liability, including removal from office or imprisonment under Zambian electoral law.
One of the most glaring violations involved the 2022 Kwacha and Kabushi by-elections, where ECZ went ahead with voting despite a valid court order staying the process. This act contravened the constitutional duty of public institutions to uphold judicial rulings, exposing the ECZ to legal challenges and undermining its credibility.
Further, under Article 52(6) of the Zambian Constitution, the ECZ is required to cancel and reopen nominations when a candidate withdraws after nomination. The Commission’s failure to do so in the same by-elections arguably violated constitutional rights and electoral fairness. Such failures are more than administrative oversights; they carry the potential for judicial review and sanction.
In the 2024 Kawambwa by-election, observers, including Transparency International Zambia, documented instances of vote-buying, where voters were reportedly given cash, food, and transport linked to ruling party interests. These actions fall squarely under Sections 79 to 93 of the Electoral Process Act No. 35 of 2016, which criminalize bribery and undue influence during elections. If ECZ officials were complicit or negligent in addressing these offences, they could face criminal prosecution.
Other reported issues include voter register mismanagement, where ECZ failed to maintain continuous registration as required by Sections 7, 10, 13, and 14 of the Electoral Process Act. Allegations also surfaced regarding an unlawful Elections Advisory Body (EAB) allegedly established without legal authority. The Citizens First Party has questioned its legality, noting that such a body is not provided for in any current electoral legislation or constitutional framework.
Zambia’s legal system provides clear avenues for redress. Under Section 93 of the Electoral Process Act, courts are empowered to nullify election results where illegal practices occur. In past cases such as Kalenge v. Munshya, courts have enforced this provision. Should evidence emerge that ECZ officials enabled or ignored illegalities, they could be held accountable not just administratively, but criminally.
It is essential to emphasize that legal accountability transcends political allegiance. Commissioners are bound by the Constitution to act with integrity, fairness, and respect for the rule of law. Immunity derived from political proximity cannot substitute for lawful conduct. If court proceedings confirm any of the ongoing allegations, imprisonment and disqualification from holding public office are lawful penalties.
This is not a wholesale condemnation of the ECZ. The institution plays a vital role in Zambia’s democratic governance. However, persistent allegations of unlawful conduct cannot be ignored without weakening democratic institutions. As the nation prepares for the 2026 elections, transparency, legality, and accountability must be the cornerstones of electoral administration.
ECZ commissioners who have violated the law, whether through direct action or passive complicity, may escape consequences today, but Zambia’s legal framework ensures they cannot escape accountability forever. Upholding the rule of law in electoral management is not just a legal obligation; it is a democratic necessity.
The Struggle Continues
Sensio Banda
Former Member of Parliament
Kasenengwa Constituency
Eastern Province
Mr. Banda and former MP whose role and purpose now we wonder. Over the last few weeks you have made empty threats and assertions of wrong doing by the ruling party. Why not go to Law enforcement agencies and file a criminal compliant. You keep daring the ECZ. Do it why come here and tell us? Why not let us read about it after you have reported and criminal proceedings on ECZ begin?
Ba Wanna be tough guy politican is what gives the notion cadres have power and they are just clowns in party suits. A bunch of clowns who add no value to Zambians and their well being.
Ba Banda you are begining to sound like one such clown and this politiking is honestly tiring and boring.