THE ECZ REGALIA BAN AND THE THREAT TO ZAMBIA’S DEMOCRACY-Sensio Banda

THE ECZ REGALIA BAN AND THE THREAT TO ZAMBIA’S DEMOCRACY

The recent pronouncement by the Electoral Commission of Zambia (ECZ) Chairperson, Ms. Mwangala Zaloumis, banning the use of regalia from allied but non-participating political parties in by-elections has stirred serious legal and constitutional concerns. This directive, lacking a clear legal grounding, appears to overstep the Commission’s authority and risks undermining Zambia’s constitutional democracy.

Legally, the ECZ draws its powers from the Electoral Process Act No. 35 of 2016, its Regulations, and the Electoral Commission of Zambia Act. These statutes enable the Commission to regulate electoral conduct, but this power must be exercised within the bounds of the law. The current legislation only restricts the use of campaign material within 400 meters of a polling station on polling day. Nowhere does the law prohibit the wearing of allied party regalia during the broader campaign period. For any new prohibition to be enforceable, it must be formally enacted through a Statutory Instrument, not through a unilateral pronouncement. As such, the directive lacks legal weight and veers dangerously into illegality.

Constitutionally, the ECZ’s action undermines Article 21 of the Zambian Constitution, which guarantees freedom of association and political expression. Political alliances are a recognized feature of democratic systems, and restricting allied regalia during campaigns arbitrarily limits their ability to associate and publicly express their shared platform. If opposition alliances are selectively targeted while ruling party alliances are allowed more flexibility, it raises concerns of bias, undermining the ECZ’s credibility.

More troubling is the mention of a two-year jail term for violators. This exceeds the one-year maximum penalty provided under Regulation 10(3) of the enforcement regulations and constitutes a misrepresentation of the law. Threatening such disproportionate punishment without a legal basis amounts to intimidation and erodes the rule of law.

This directive also raises deeper questions about the independence and impartiality of the ECZ. A democratic society thrives on fair electoral processes, not arbitrary or selectively enforced rules. When an institution such as the ECZ is seen to operate beyond its legal mandate or in a politically partisan manner, public trust diminishes, paving the way for political unrest and democratic backsliding.

The broader consequences of this development are severe. Firstly, it damages the ECZ’s reputation as a neutral arbiter. Secondly, it erodes constitutionally protected rights and creates an uneven playing field. Thirdly, it introduces instability into Zambia’s political process, as excluded parties may question the legitimacy of future elections. Most importantly, it discourages citizen participation in the political process, fostering apathy and mistrust.

In conclusion, unless the ECZ can provide clear legal justification for this directive, backed by properly enacted legislation, its actions represent a dangerous precedent of institutional overreach. For the sake of Zambia’s democratic integrity, the ECZ must either rescind this directive or clarify its legal foundations through due process. If not, the Chairperson risks being held accountable for abuse of office now or soon, as the legal and civic community calls for transparency, fairness, and strict adherence to the rule of law. Democracy depends not just on elections, but on institutions that uphold justice without fear or favor.

The Struggle  Continues

Sensio Banda
Former  Member  of Parliament
Kasenengwa  Constituency
Eastern  Province