RESPONSE TO ALLEGATIONS THAT THE CHAIRPERSON OF THE COMMISSION WAS
EXERCISING HER POWERS BEYOND THE BOUNDS OF THE LAW IN RELATION TO THE ISSUE OF CAMPAIGN REGALIA.

RESPONSE TO ALLEGATIONS THAT THE CHAIRPERSON OF THE COMMISSION WAS
EXERCISING HER POWERS BEYOND THE BOUNDS OF THE LAW IN RELATION TO THE ISSUE OF CAMPAIGN REGALIA.

The Commission has noted with concern the news article in The Mast Newspaper dated Tuesday, 22nd July 2025, attributed to former Kasenengwa Patriotic Front (PF) Member of Parliament Sensio Banda, calling for the resignation of the Electoral Commission of Zambia Chairperson Mrs. Mwangala Zaloumis SC. Further, Mr. Banda alleges that the Chairperson of the Commission was exercising her powers beyond the bounds of the law in relation to the issue of campaign regalia.

Contrary to this assertion, the Commission in Article 229 is mandated to “implement the electoral process” and “regulate the conduct of candidates”. Therefore, the law is very clear in Sections 2, 29 (3), (4) and 89 (1) (n) of the Electoral Process Act No. 35 of 2016 as indicated in the guidance from the Commission. For avoidance of any doubt, the law states as follows: 

– Section 2 of the Act defines “campaign material” to mean party or candidate manifestos, advertisements, billboards, posters, t-shirts, cloth or other material depicting colours regarding symbols, and other designs of a party or pictorial images of a candidate.”

– Section 29 (3) of the Electoral Process Act states 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 up by providing 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.”
– Section 89 (1) (n) provides as follows: “A person shall not – being a candidate use a symbol in the course of an election other than the symbol registered with the Chief Electoral Officer in accordance with this Act and any regulations thereunder or, in the case of any other person, associate any candidate with any symbol in the course of an election other than the candidate’s registered symbol.”

It goes without saying that providing guidance on how an election ought to be conducted is within the mandate of the Commission, and cannot be said to be powers beyond the bounds of the law. 

In addition, the narrative that the Commission has banned the use of political regalia altogether, even in areas not having elections is not correct and is intended to misinform the public. The Commission is simply enforcing already existing laws as indicated above in relation to campaigns by candidates or political parties contesting an election. 

Further, as stated in the guidance issued by the Chairperson of the Commission on 17th July, 2025, this is not the first time the Commission has guided political parties and/or candidates ahead of an election campaign. In 2021, the Commission guided independent candidates not to use campaign regalia of other contesting political parties and their candidates because it would only confuse voters, thereby promoting disorder in the electoral process. 

Therefore, the allegations levelled against the Chairperson on this issue are baseless, misguided and unfounded.

 
Brown Kasaro
Chief Electoral Officer
For/The Commission
Electoral Commission of Zambia