STATEMENT ON THE NATIONAL ASSEMBLY BY-ELECTION IN KAWAMBWA CONSTITUENCY TO BE HELD ON 20TH, DECEMBER, 2024.
The Centre for Constitutionalism and Legal Justice (CCONLEJ), wishes to make its comment on the National Assembly by-election to be held on 20th December, 2024, in Kawambwa Constituency.
As of yesterday (21st November, 2024), the Electoral Commission of Zambia (ECZ) carried out the process of filling of nominations for the respective candidates to participate in the respective by-elections in Kawambwa Constituency. At the close of the filling of nominations process, five (5) candidates from five political parties successfully filed in their nominations. These parties include the New Congress Party, a member of the Tonse Alliance, Socialist Party, United Party for National Development, United Prosperous and Peaceful Zambia as well as the Movement for Change and Equality respectively.
In democratic societies, elections are pivotal events that define the relationship between citizens and their government. They provide a mechanism for citizens to express their will, choose their representatives and hold them accountable. Election legitimacy is inextricably linked to the independence, competence, and professionalism of the organization conducting them.
In light of the above, the Center urges the Electoral Commission of Zambia (ECZ) as the institution mandated with the responsibility to conduct elections, to administer free and fair elections in the by-elections in Kawambwa Constituency.
It must be highlighted, that, elections and other political processes are pivotal to the quality of a country’s governance. Elections can either greatly advance or set back a country’s long-term democratic development. The most fundamental principle defining credible elections is that they must reflect the free expression of the will of the people.
Furthermore, the Center for Constitutionalism and Legal Justice (CCONLEJ) calls on the Electoral Commission Zambia, to ensure that, the Kawambwa by-elections are transparent, inclusive, and trusted by voters and those elected. There must be equitable opportunities to compete in these elections and genuine political competition. These broad principles are enshrined in key obligations, rights, and freedoms which derive from the Constitution of Zambia and public international law.
As a Center, we challenge the participating political parties from both the ruling UPND and Opposition Political Parties, to adhere to the electoral code of conduct, by desisting from various behaviours deemed detrimental to free and fair elections, such as inciting violence through inflammatory language, intimidating voters or candidates, spreading false information, or engaging in bribery, among others. Participating political parties are also encouraged to respect the outcomes of these by-elections as there can only be one winner in any given competition
The Center for Constitutionalism and Legal Justice, the UPND must uphold the several international commitments and standards for free and fair elections, aligning itself with key frameworks that promote democratic governance and electoral integrity. As a member of the international community, Zambia is expected to adhere to the international instruments such as the Universal Declaration of Human Rights (“UDHR”), which affirms the right of individuals to participate in government and have equal access to public service.
The UDHR explicitly states in article 21 that, “Everyone has the right to take part in the government of his country, directly or through freely chosen representatives” and further that “the will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.” Zambia, being an active member of the United Nations, is bound to it, simply as a member of the community of states.
In conclusion, free and fair elections are fundamental to the democratic governance of Zambia. The need in upholding electoral integrity and ensuring that the will of the people is accurately reflected through the electoral process can not be over emphasized. It is imperative to strengthen mechanisms that safeguard the electoral process, enhance transparency and uphold the rule of law.
By doing so, Zambia can reaffirm its commitment to democratic values and ensure that future elections continue to be free, fair and credible. Upholding the principles of democracy requires a collective effort from all stakeholders – government institutions, political parties, civil society organizations and citizens – to protect and preserve the integrity of our electoral system.
Issued by
GREGORY CHISHA
EXECUTIVE DIRECTOR
Centre for Constitutionalism and Legal Justice