How Long Will Madam Mwangala Zaloumis Continue Abrogating the Constitution with Impunity?
By Thandiwe Ketis Ngoma
Madam Mwangala Zaloumis, the Chairperson of the Electoral Commission of Zambia (ECZ), has brazenly defied constitutional directives with her recent declaration that elections will not be canceled when candidates withdraw. This defiance flies in the face of Zambia’s supreme law, raising an urgent and troubling question: Where does Madam Zaloumis derive the audacity to undermine constitutional mandates and erode public trust in the electoral process?
A Constitutional Breach in Full View
Article 52(6) of the Zambian Constitution, reinforced by a binding judgment from the Constitutional Court, clearly dictates the procedure when a candidate withdraws after the close of nominations. In Governance Elections Advocacy Research Services v. Attorney General and Electoral Commission of Zambia (2022/CCZ/0020), the Court decisively ruled:
> “For the avoidance of doubt, we wish to state that in terms of Article 52(6) of the Constitution, where a political party-sponsored candidate for election as a Member of Parliament resigns after the close of nominations but before the election date, the Electoral Commission is obligated to cancel the election and call for fresh nominations from eligible candidates and call for fresh elections in accordance with Article 52(6).”
This ruling leaves no room for ambiguity. The Constitution mandates the cancellation of elections under these circumstances, followed by fresh nominations and elections. By defying this requirement, Madam Zaloumis is not merely misinterpreting the law—she is blatantly violating it, threatening the rule of law and the integrity of Zambia’s democratic framework.
Disregarding Constitutional Directives
What is even more alarming than the breach itself is Madam Zaloumis’s dismissive attitude. Her suggestion that those who disagree with her approach should “go to court” reeks of arrogance and a disturbing disregard for constitutionalism. By emphasizing the financial burden of legal recourse, she trivializes justice and undermines public confidence in democratic institutions. This posture implies a belief that judicial complicity or political protection will shield her actions—an implication that gravely damages perceptions of an impartial ECZ and independent judiciary.
Betrayal of a Sacred Oath
Madam Zaloumis took an oath to uphold and defend the Constitution of Zambia when she assumed her office. That solemn promise was made before the Zambian people and carries with it an unwavering obligation to adhere to the law. Why, then, has she chosen to abrogate the Constitution with such impunity? A person who demonstrates blatant disregard for constitutional principles is unfit to hold public office.
The growing perception that Madam Zaloumis is a political operative of the United Party for National Development (UPND) further compounds the crisis of confidence in the ECZ. She cannot remain at the helm of an institution tasked with safeguarding electoral fairness and integrity. Her continued presence compromises the impartiality of the electoral process. The right and honorable step is for her to step down.
A Clarion Call for Constitutional Fidelity
Zambians cannot afford complacency in the face of constitutional violations. Citizens must demand that leaders and officeholders adhere to the highest standards of accountability. The Constitution must remain the ultimate guide in electoral governance, untainted by personal interests or political manipulation.
Conclusion: A Future at Stake
The path forward for Zambia’s democracy must be paved with adherence to the law and unwavering commitment to justice. No individual, regardless of office or influence, can be allowed to place personal or political interests above the supreme law. Madam Zaloumis’s actions not only compromise her integrity—they jeopardize the very foundation of Zambia’s democratic future. It is time for action, vigilance, and the unwavering defense of constitutionalism. She must resign, for her continued tenure undermines the very democracy she swore to protect.