I Fear for My Country Zambia: When Courts Are Rendered Powerless
By Thandiwe Ketis Ngoma
Zambia’s legal and political landscape is at a perilous crossroads. The courts, once the guardians of our Constitution and arbiters of justice, are being stripped of their authority and reduced to powerless symbols. The blatant disregard for court orders by institutions such as the Electoral Commission of Zambia (ECZ), President Hakainde Hichilema, the Speaker of the National Assembly, and surrogates of the ruling United Party for National Development (UPND) has exposed a growing culture of impunity. This is not just a threat to the judiciary; it is an existential danger to Zambia’s democracy and the rule of law.
The Case of the Electoral Commission of Zambia (ECZ)
The Electoral Commission of Zambia has increasingly acted as though it is above the law—a dangerous trend that undermines the judiciary and the democratic process.
One of the most glaring examples is the ECZ’s decision to proceed with the Kawambwa District Council Chairperson and Parliamentary by-elections, despite an active High Court injunction issued on August 19, 2024, by the Chinsali District High Court. The court had ordered the ECZ to halt the nomination and election processes until judicial review proceedings were completed. However, the ECZ blatantly ignored this directive and moved forward, disregarding the judiciary’s authority.
This is not an isolated incident. During the Kabushi and Kwacha by-elections in September 2022, the ECZ defied another court order, proceeding with the elections despite the courts’ clear directive to halt them. Patriotic Front (PF) MPs Hon. Bowman Lusambo and Hon. Joseph Malanji had hoped that the injunction would compel the ECZ to restrain itself from holding the elections.
However, what transpired was unprecedented. President Hakainde Hichilema, who is constitutionally mandated to uphold the law, was actively campaigning in these constituencies for UPND candidates. The elections proceeded, and UPND candidates were illegally elected in these constituencies.
This blatant disregard for judicial rulings by the President himself sets a worrying tone for governance. It sends a clear message to citizens and institutions alike: the rule of law can be bent to serve political expediency.
When the President, the highest office bearer in the land, abrogates the Constitution with impunity, where does this leave the ordinary citizen? The ECZ’s alignment with the UPND government raises serious concerns about its ability to operate as an independent electoral body.
The question remains: why does the ECZ consistently act in the interest of the UPND government? Zambia is a democracy governed by rules and laws that must be respected. But when an institution entrusted with safeguarding democratic processes disregards the law, it leaves the people vulnerable, their trust shattered, and the democratic process in peril.
The Speaker of the National Assembly’s Disregard for Court Orders
The Speaker of the National Assembly, Hon. Nellie Mutti, has demonstrated a troubling disregard for the rule of law on multiple occasions.
For instance, civil society activist Isaac Mwanza initiated court proceedings to restrain the Speaker from declaring the Petauke Central parliamentary seat vacant. Despite this active legal challenge, the Speaker went ahead and declared the seat vacant, undermining the judiciary and preempting its decision.
Miles Sampa, with the help of the UPND government—where he was given full police security and media coverage by the national broadcaster ZNBC—held an illegitimate convention where he declared himself Patriotic Front (PF) President. The legitimate PF leadership, through its Secretary General, Mr. Raphael Nakacinda, wrote to the Speaker asking her to declare Sampa’s Matero seat vacant after suspending him for violating the PF constitution. The Speaker refused to do so, citing the ongoing court case as her reason, stating that she could not interpret the law.
Following his self-proclamation as PF President, Sampa, through his purported Secretary General, Mr. Ng’ona, issued instructions to Speaker Mutti to declare changes to the opposition Chief Whip and the Leader of the Opposition in Parliament. The Speaker went ahead and implemented these changes, despite the legitimate PF leadership, through its Secretary General, Mr. Raphael Nakacinda, communicating to the Speaker that no such changes should be made as the matter of Sampa’s claims to PF leadership was before the courts.
Yet, the same Speaker saw fit to interpret the law independently when it suited her political interests. She implemented Sampa’s illegitimate instructions—a move that was both unconstitutional and reflective of her alignment with the UPND government’s interests.
Defiance by UPND Surrogates
The actions of UPND surrogates further expose the erosion of Zambia’s rule of law. Robert Chabinga, a Mafinga MP under the PF ticket who is now a surrogate of the UPND government, has blatantly defied court orders.
Chabinga was made to take over from another UPND surrogate, Miles Sampa, after the latter fell out of favor with President Hakainde Hichilema. Despite a High Court order obtained by Sampa restraining Chabinga from holding a press conference and declaring himself Acting PF President, Chabinga went ahead with the press conference.
What is disheartening is the involvement of state-controlled media. Chabinga’s press briefing, conducted in blatant violation of a court order, was broadcast live by the Zambia National Broadcasting Corporation (ZNBC) and ZANIS. This government endorsement of unlawful behavior undermines the judiciary and the rule of law.
The most disturbing incident occurred in Luapula Province, where Chabinga was even given a platform to address the people. He declared himself Acting PF President in the presence of President Hichilema, despite the injunction barring him from doing so. His actions demonstrated a complete disregard for the court order, with President Hichilema’s apparent endorsement of this lawlessness.
This brazen defiance of the judiciary, coupled with the President’s apparent endorsement, raises serious questions. Why is the UPND government so invested in undermining the PF? Why is it comfortable aligning itself with individuals who disregard court orders?
Where Does This Leave Zambia?
Zambia is teetering on the brink of a legal and democratic crisis. The repeated disregard for court orders by key institutions and individuals is creating a dangerous precedent where the rule of law is subservient to political expediency. If the courts are seen as powerless, citizens lose their last line of defense against abuse of power.
This growing culture of impunity threatens the very foundation of our democracy. When powerful institutions like the ECZ and the National Assembly ignore the judiciary, it erodes public trust in the entire governance system. Zambians are beginning to lose faith in the fairness of elections, the independence of the judiciary, and the ability of democratic institutions to act as checks and balances on political power.
Cry, My Beloved Country
Where do we go from here? Zambia, once a beacon of democracy, is now at risk of descending into a state where political interests overshadow the rule of law. The institutions we entrust with the responsibility of leadership are the very ones at the forefront of breaking the law.
This is not just a political problem—it is a moral crisis. As citizens, we must question how we allowed our institutions to become instruments of political convenience.
Conclusion: Zambia’s Future at Stake
Zambia’s democracy is at a critical juncture. The increasing disregard for court orders is not just a legal issue—it is a symptom of a broader erosion of democratic norms. If this trend is allowed to continue, Zambia risks sliding into authoritarianism, where political interests trump the law, and citizens have no recourse to justice.
The time to act is now. If we allow this culture of impunity to continue unchecked, we risk losing the very foundations of our democracy. Zambia must stand firm in its commitment to the rule of law or face a future where justice is no longer blind but subservient to power.
Cry, my beloved country. Let us fight to reclaim it before it is too late.
Where is Dr. Zumani Banda and his obsession with the number 12? He has worthy competition in this “lady”, Thandiwe Ketis Ngoma.
That is if she is genuine.
In any succesful democracy there should be a clear concrete boundary between the Executive and the Judiciary. The Zambian President interferes too much in the Judiciary to say nothing of Parliament and the media. We need a new constitution. We need a woke constitution!
When there is change of government, ordinary citizens must sue the chairlady and director of ECz to answer and get a jail sentence. For Judges institute the judicial review and complaints to those judges who have been sitting on cases or have made a stay and not summoning ECZ for for undermining the judicial process/reviews.
Nelly she has no immunity as such she be sued and stripped state counsel and caged.
For ministers like Kabuswe jail him for more than 20 years and if the president was involved strip him his immunity and let him answer the charges as he is the presiding officer over the affairs of the people of Zambia. Ignoring the crimes /corruption/ destroying the very institutions which protected him in opposition is one of the most cruel and incompetent a government can do. Once out of office these institutions will come after you and punish everyone involved. Mark my words. The attorney general office must be held accountable for their transgressions against the people of Zambia giving out UPND cadres millions of kwacha for cases that no one can get even k10, 000 if he and DPP had contested these cases.
Mumba malila must caged for destroying the judiciary, if one can recall , when the Iron Lady the Late Ireen Mambilima, she will make appointments with the president and warn if she deemed the government is abusing or breaking the law. Mumba Malila agree with me because he was closer the late CJ.
If you were here in Zambia in 2020/2021, you would have seen how lawlessness looks like. With PF there would have been no Zambia by now.
It looks like Mwamba trying to double up as a lady to try and give his fake news legitimacy. We know you stop it.
When does a court issue the contempt. This woman has been crossing the red lines.
UPND, where is your media team to counter the lies.? UPND, u are too docile to tolerate these criminals
Too much of this talk about courts, every article is always about shrinking democracy and infiltrated courts, what about our economy?
We equally need a thriving private sector locally driven of course
Pf guys dipped there hands in government coffers and harvested were they did not show , a lot of zambians have since time immemorial been going to court, when pf members go that route you start boring us with judicial independence day in day out
Spare us from this monotonous reporting, the author is on the precipice of becoming another irritant like Emman.. mw . (some names are not even worth mentioning)