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.
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.