By Lawyer Isaac Simbeye
THE PRESIDENT IS LEGALLY BOUND BY THE ECZ CAMPAIGN TIMETABLE: No Candidate Is Above the Electoral Code
INTRODUCTION
This article addresses a straightforward but constitutionally important question: once the Electoral Commission of Zambia properly issues a campaign timetable under the Electoral Code of Conduct, is the President, when participating as a candidate in an election, bound by that timetable in the same way as every other political party and candidate?
This article argues in the question in the affirmative. It is demonstrated that the law demands equal treatment in the electoral process and does not create an exception for the President regarding campaign activities. Where the President enters the electoral arena as a candidate, the President must comply with the same campaign timetable that binds all other candidates.
For that reason, the ECZ Chairperson deserves commendation for articulating the correct democratic principle during the meeting with political party leaders that all political parties and their candidates should adhere to the campaign timetable. That statement reflects the spirit and letter of the Electoral Code of Conduct. It promotes fairness, order, predictability, and public confidence in the administration of elections. Pronouncement to the contrary would be inconsistent with the Code of Conduct.
THE ECZ’s LEGAL MANDATE TO ISSUE AND ADMINISTER AND ELECTION TIMETABLE
Paragraph 3(1) of the Electoral Code of Conduct, contained in the First Schedule to the Electoral Process Act, empowers the Electoral Commission of Zambia to regulate the electoral environment to promote fairness and order. Among other things, the Commission is required, where reasonable and practicable, to provide political parties with the election timetable and election notices in accordance with the Act; to ensure that campaign rallies or meetings legally organised by political parties are not disrupted or arbitrarily prohibited; and to ensure equal opportunity for all stakeholders, particularly political parties and independent candidates, to participate in and conduct their political activities in accordance with the law.
It follows that the ECZ is not merely permitted to issue a campaign timetable; it is entrusted with the legal responsibility of doing so where such a timetable is necessary to secure the orderly, peaceful, and fair conduct of elections. A timetable properly issued by the Commission helps prevent clashes, avoids arbitrary disruption of campaign programmes, and protects each candidate’s opportunity to reach voters. It is therefore an instrument of electoral equality, not a mere administrative convenience.
THE MANDATORY DUTY OF POLITICAL PARTIES AND CANDIDATES
The contention is that once the ECZ issues a election timetable, the Electoral Code of Conduct imposes duties on political parties and candidates participating in the election to abide. Of course such a timetable is supposed to promote free and fair election campaigns or else it might be illegal.
In this regard, the side note to paragraph 4 of the First Schedule to the Electoral Process Act refers to the “Obligation of Political Party and candidate during election.” Paragraph 4 is expressed in mandatory terms. It provides that a political party and candidate shall hold public meetings in compliance with the law and shall adhere to the election timetable issued by the Commission in conducting election campaigns in accordance with the Act.
The use of the word “shall” is significant. It is ordinarily understood as imposing a mandatory obligation, not a discretionary preference. In Mutantika v. Chipungu (SCZ Judgment No. 13 of 2014), the Supreme Court of Zambia emphasised that provisions couched in mandatory language do not confer discretion where the wording does not allow it. Applying that reasoning, paragraph 4 of the Electoral Code of Conduct does not give political parties or candidates a choice whether to comply with the ECZ timetable. It requires compliance.
NO LEGAL EXCEPTION FOR THE PRESIDENT AS A CANDIDATE.
The argument that the President is not bound by the campaign timetable misunderstands the legal position once the President participates in an election as a candidate. The Electoral Code speaks of “a political party and candidate.” It does not say “all candidates except the President.” It does not distinguish between ordinary candidates and incumbent candidates. It does not reserve to the ECZ a discretion to exempt one candidate from rules imposed on all others. Therefore, when the President campaigns for election, the President does so as a candidate and is subject to the obligations imposed on candidates by the Electoral Code.
To hold otherwise would undermine the very purpose of the timetable. If one candidate, by virtue of incumbency, could campaign outside the timetable, the result would be unequal treatment, avoidable conflict, and disruption of campaign activities planned by others. Such an interpretation would contradict the ECZ’s duty to ensure equal opportunity for all stakeholders and would weaken public confidence in the impartial administration of elections.
WHY THE ECZ CHAIRPERSON’S ORIGINAL POSITION IS COMMENDED
The ECZ Chairperson’s statement that all political parties and their candidates should follow the timetable is therefore both legally sound and democratically necessary. It affirms that the Commission understands its role as an impartial guardian of the electoral process. It also sends an important message to the public: elections are not governed by status, office, or political convenience, but by law.
That position should be applauded as it promotes a level playing field. A campaign timetable is meaningful only if it applies equally. If every candidate respects it, campaigns can be conducted peacefully, lawfully, and with predictable access to voters. The Chairperson’s insistence on compliance by all parties and candidates is therefore not an act of restriction; it is an act of electoral fairness.
CONCLUSION
The law demands that a campaign timetable properly issued by the Electoral Commission of Zambia binds all political parties and all candidates, including the President when acting as a candidate. The Electoral Code of Conduct is framed in mandatory language and contains no exception for the President. The ECZ cannot create an exemption that the law itself does not provide.
Accordingly, it is contended that the legal position is that the President, like every other candidate, must adhere to the ECZ campaign timetable. In saying that all political parties and their candidates should follow the timetable, the ECZ Chairperson stated a principle that deserves public support: in an election governed by law, no candidate is above the rules.