Response to ECZ’s Statement on the Use of Campaign Materials from Non-Participating Parties- Thandiwe Ketiš Ngoma

IS THE ECZ BECOMING THE ELECTORAL COMMISSION OF THE ZAMBEZI REGION?

…Response to ECZ’s Statement on the Use of Campaign Materials from Non-Participating Parties

By Thandiwe Ketiš Ngoma

On Thursday, 17 July 2026, Ms. Mwangala Zaloumis, President Hakainde Hichilema’s former personal lawyer, whose ties to the UPND are well known, announced in the name of the Electoral Commission of Zambia, which she chairs, that the institution would not accept the use of campaign materials from non-participating political parties in the forthcoming Mfuwe parliamentary by-election.

In taking this decision, the ECZ cited three provisions from the Electoral Process Act No. 35 of 2016, which the Commission argues grant it the authority to penalise individuals for wearing or using campaign materials belonging to parties not fielding a candidate in a given election.

The first is Section 89(1)(n), which states:

> “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 the Act and any regulations made thereunder or, in the case of any other person, associate any candidate with a symbol in the course of an election other than the candidate’s registered symbol.”

The second is Section 29(3) of the same Act, which states:

> “A candidate or political party may, during an electoral campaign, publish campaign materials of such a nature and in such a manner as may be prescribed by the Commission.”

The third and final stated source of authority is the Interpretation Section of the Act, which defines “campaign materials” as:

> “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.”

It is my view that the announcement by the President’s former lawyer threatens fundamental constitutional rights, reeks of selective application, and raises deeply troubling questions about the Commission’s impartiality. I will leave the legal interpretation of Ms. Zaloumis’s statement to lawyers. What I wish to point out here are six key issues.

1. The Danger of Appointing Ruling Party Supporters to Sensitive National Institutions

Although the decision has been made in the name of the ECZ, it is reasonable to assume that it was advanced by two new commissioners—Ms. Zaloumis and Mr. McDonald Chipenzi—who were appointed by President Hichilema and are known to have ties to the ruling UPND. This is because, of the five commissioners who currently constitute the ECZ board of directors, three were appointed by former President Edgar Lungu during the PF administration.

The sections of the Electoral Process Act cited above, which are now being used to justify the ban, have existed since 2016. How is it that the three commissioners did not see the need to enforce these provisions until the appointment of Ms. Zaloumis and Mr. Chipenzi, both of whom are generally considered supporters of the ruling party?

It is clear that the banning of regalia is meant to disadvantage the opposition. The only party that stands to benefit from this ban is the ruling party, with which Ms. Zaloumis and Mr. Chipenzi are associated.

What we are witnessing is lawfare: the abuse of legal instruments by supporters of President Hichilema, whom he has deliberately placed in formal institutions to undermine the opposition and promote the interests of the ruling party.

Since their appointment to the ECZ, Ms. Zaloumis and Mr. Chipenzi have repeatedly conducted themselves in ways that demonstrate partiality toward the party in power. This is not surprising, given their ties to the president and the ruling party. The latest decision reinforces this troubling pattern.

In fact, after their appointments, many people opposed the inclusion of both Ms. Zaloumis and Mr. Chipenzi for fear that they might do exactly what they are now doing: using the Commission to promote the interests of the party with which they are aligned.

One of the early critics was the prominent historian Dr. Sishuwa Sishuwa, who raised alarm in an article published last year in the Mail & Guardian of South Africa titled “How President Hakainde Hichilema is Using Lawfare to Subvert Democracy in Zambia.” In the article, Dr. Sishuwa highlighted four consequences of the leadership changes at the ECZ. Two of them are especially worth quoting:

> “One is that this is the first time that the commission is led by a person who has never held judicial office. Since its creation in 1996, the ECZ has benefited from having as chairpersons a series of former High Court or Supreme Court judges who commanded the respect of all political players and enhanced its credibility. Zaloumis’s nomination was opposed by the opposition in Parliament but went through after UPND MPs supported it.

> The other is that this is the first time in its history that the ECZ has commissioners with known ties to the sitting president or party in power. While Zaloumis was Hichilema’s lawyer, Chipenzi had reportedly sought nomination to Parliament on the UPND ticket but lost in the primaries. Thanks in part to this compromised leadership, there are currently many cases before the courts involving opposition candidates whose nominations were rejected by the commission, apparently using powers not granted by law.”

The move by the ECZ shows the danger of appointing ruling party supporters to sensitive institutions such as the electoral body. None of the three commissioners appointed by President Lungu were seen as biased toward the PF at the time of their appointment. In fact, even the UPND supported their appointments. In contrast, few outside the UPND supported the appointments of Ms. Zaloumis and Mr. Chipenzi. It is now easy to see why.

I call on the president to remove the duo and replace them with impartial commissioners if Zambia is to avoid elections that may lead to disputed results and possible violence.

2. Do Alliances Mean Anything to the ECZ?

Political alliances are a legitimate and common feature of any democratic system. In such arrangements, member parties often agree to field a single candidate under one party’s symbol, but supporters from all alliance partners are entitled to express their identity and solidarity.

What possible legal, logical, or ethical justification does the ECZ have to prohibit members of an alliance from wearing their party regalia while campaigning for the agreed candidate?

This attempt to police political expression is not only irrational; it is also oppressive. The Commission has no business issuing extrajudicial decrees that infringe on freedom of expression, freedom of association, and personal liberty as enshrined in Zambia’s Constitution.

3. Why Now? Why the Selective Enforcement?

As stated earlier, the law Ms. Zaloumis cited to justify her directive has existed since 2016. Why is it being enforced now, during the campaigns for the Mfuwe by-election? Why was it never enforced in the many by-elections held since 2021?

For instance, in the Kawambwa by-election, Dr. Nevers Mumba wore MMD regalia while campaigning for the UPND candidate. Why didn’t Ms. Zaloumis stop him or ask the police to arrest him and other MMD supporters?

Additionally, in Lumezi and Petauke, PF candidates ran under the NCP banner and used PF regalia freely, without any interference from the ECZ. What has changed now? Why this sudden, panicked enforcement?

This reeks of political bias, and the ECZ must explain why it applies rules only when it suits certain political interests.

Before the 2021 election, UPND members wore their party T-shirts while campaigning for candidates from allied parties. For example, in April 2019, the UPND did not field a candidate in the Roan Constituency by-election due to its alliance with Chishimba Kambwili’s National Democratic Congress (NDC). The NDC fielded Joseph Chishala, who won the seat, but UPND leaders, including the current president, and supporters all wore UPND regalia throughout the campaign. Yet no one was penalised.

Even during the 2021 election, the opposition MDC president Mr Felix Mutati and his supporters wore their party’s regalia when campaigning for the UPND candidate, the current president, since they were in an informal alliance. Why hasn’t Mr Mutati and his supporters been arrested if they have violated the law?

This inconsistency exposes the Commission’s selective enforcement and severely undermines its credibility.

4. Are the Poor Now Criminals for Wearing Political T-Shirts?

In rural Zambia, political T-shirts and regalia are not merely campaign tools. They are often the only clothes available to ordinary citizens. For many, wearing these items is about survival, not political messaging.

If the ECZ intends to punish citizens for wearing what they own, it will be guilty of trampling on the dignity of the poor and violating their constitutional right to freedom of personal expression. The Commission must not arrogate to itself the power to criminalise poverty and daily life.

5. Is This About Stifling Edgar Lungu’s Legacy and Visibility?

This sudden pronouncement appears less about law and more about fear — fear of the influence and popularity of the late former President Edgar Chagwa Lungu. Is this an orchestrated move to erase his image from the public sphere, especially as he continues to inspire a growing opposition movement?

If so, the ECZ has overstepped its mandate. It is not the Commission’s role to manage or manipulate public opinion by suppressing political symbols or the memory of national leaders. That is authoritarianism, not electoral oversight.

6. Has the Electoral Commission of Zambia Become the Electoral Commission of the Zambezi Region?

This may be uncomfortable to say, but it must be said. There is growing concern about the regional imbalance within the ECZ and the perception of tribal and political alignment.

The ECZ currently has five commissioners: Ms Zaloumis (Chairperson), Mr Ali D. Simwinga (Vice-Chairperson), Mr Vincent Mukanda, Ms Ndiyoi Mutiti, and Mr Chipenzi.

With the exception of Mr. Simwinga, all the commissioners come from the Zambezi region, the stronghold of the ruling party. Under President Lungu, the Commission was regionally balanced, with Emily Sikazwe and Esau Chulu serving as Chairperson and Vice-Chairperson, respectively while the other three came from the Zambezi region.

Are we now witnessing the transformation of the electoral body into the Electoral Commission of the Zambezi Region?When most commissioners are drawn from one region and their decisions consistently appear to favour the ruling party, serious questions arise. Zambians from all regions deserve a Commission that is impartial, representative, and trusted. The current trajectory points to a dangerous erosion of that trust.

In Conclusion

This directive from the ECZ is politically motivated and must be rescinded without delay. The ECZ’s role is not to intimidate citizens, suppress dissent, or act as an arm of any political party. Its duty is to protect democracy, uphold the law, and ensure electoral fairness.