Warning ⚠️ long article: please if you have a bad reading culture skip!!
UPND YOUTH CHAIRMAN HAS NO LEGAL RIGHT TO THREATEN INDEPENDENT CANDIDATES; ACTIONS UNDERMINE DEMOCRACY AND THE CONSTITUTION OF ZAMBIA
In a democratic state like Zambia, every citizen enjoys the right to freely participate in the political process, whether through a political party or as an independent candidate.
This right is not a privilege granted by political parties but a constitutional guarantee. Recent remarks by the UPND National Youth Chairman, Mr. Gilbert Liswaniso, threatening to block any party member who decides to stand as an independent after not being adopted, raise serious legal and constitutional concerns. Such statements not only undermine the spirit of democracy but also contradict the provisions of the Zambian Constitution, which stands as the supreme law of the land.
The Constitution of Zambia (Amendment) Act No. 2 of 2016 clearly protects the political freedoms of every citizen. Article 21(1) guarantees the freedom of association, including the right to belong to or withdraw from any political organization. Article 60(1)(b) provides that citizens have the right to participate in the political process and contest elections. Additionally, Article 45(c) emphasizes that Zambia’s electoral system must ensure free and fair elections based on equal participation and without intimidation. These constitutional provisions are further reinforced by the Electoral Process Act No. 35 of 2016, which recognizes and protects the rights of independent candidates, affirming that any eligible citizen may contest an election without belonging to a political party.
Any attempt to block or intimidate individuals who choose to stand as independents constitutes a violation of these rights and may amount to an offence under the Penal Code. Section 90 of the Penal Code prohibits the use of threats, coercion, or violence to influence another person’s political decisions. Should any official act on such threats by preventing people from filing nominations, it would amount to electoral malpractice and could attract serious legal consequences, including the nullification of election results. Such actions would not only expose individuals to criminal liability but also damage the credibility of the UPND as a ruling party that pledged to uphold democracy and the rule of law.
In the 2021 general elections, several candidates who were initially affiliated with the Patriotic Front (PF) crossed over to the UPND after failing to secure adoption. Many went on to contest and even win their seats under the UPND ticket. No one blocked them from exercising their political rights. Why should it be different now? The principle of political freedom applies equally to all, regardless of the party in power. Mr. Liswaniso must remember that electoral malpractice can take many forms, including actions that discourage or prevent legitimate participation in the electoral process. If he implements his threats, he risks committing the same kind of electoral offences that saw candidates such as Malanji, Bowman and others lose their parliamentary seats.
It is important to acknowledge that Mr. Liswaniso may argue that he is only against individuals who use UPND structures after failing to be adopted. However, he must also recognize that Zambian politics is complex and shaped by deep-rooted social and institutional dynamics. This is precisely why the same political challenges have persisted from the era of UNIP, through MMD and PF, to the present UPND government. Instead of issuing threats, Mr. Liswaniso should provide constructive, objective, and truthful advice to the President. The Head of State deserves to understand the real reasons why some citizens or party members decide to stand as independents. Suppressing these voices through intimidation only conceals the underlying problems and misleads the President, preventing him from making informed and wise decisions.
Just in case Mr. Liswaniso has forgotten, the same kind of threats he is now issuing are reminiscent of those used by the PF against President Hakainde Hichilema in 2021. Many will recall how some elements within the PF attempted to block then opposition leader Hichilema from filing his nomination. One reported scheme involved fabricating criminal allegations, linking him to the Hatembos case, and allegedly plotting to stage a murder accusation to disqualify him. Zambians still remember the tense transition period during which the PF government used every possible means to frustrate his campaign efforts blocking rallies, restricting his movements, and attempting to silence his supporters. It was the resilience of the youth and the power of social media that ultimately carried Hichilema’s message to the people.
The UPND should learn valuable lessons from those dark moments in our political history. Leadership should never repeat the mistakes of those it once opposed. There is absolutely no legal provision that supports Mr. Liswaniso’s threats to block anyone who chooses to run as an independent candidate, even at the last minute. Any attempt to act on such threats would constitute a criminal offence under the Electoral Process Act and the Penal Code, as it would interfere with citizens’ constitutional right to political participation.
If Mr. Liswaniso intends to go to the Electoral Commission of Zambia (ECZ) to prevent an individual’s nomination from being accepted, the critical questions are: in what capacity would he act, and under which law? Neither the Constitution nor the Electoral Process Act grants him or any party official that authority. Such action would constitute gross interference with the functions of a constitutional body and could attract serious legal consequences.
My humble advice to Mr. Liswaniso is to withdraw this line of thinking and instead engage the grassroots, listen to their concerns, and understand the real reasons some members are choosing to go independent and adopt right candidates. True leadership lies not in silencing dissent, but in addressing the causes of it.
Personally, I have on several occasions brought these issues directly to his attention, particularly those affecting ordinary citizens and the youth across the country, and he is fully aware of them. It is therefore imperative that this matter be addressed through dialogue and resolved diplomatically, rather than through threats or unilateral actions.
True leadership requires the courage to listen to the concerns of the people, even when they are uncomfortable. Leaders must engage the grassroots, identify areas of dissatisfaction, and work toward unity through dialogue rather than division. Going back to the people to understand their frustrations will strengthen the UPND’s democratic image far more than issuing unconstitutional threats. Mr. Liswaniso may believe he is protecting the party, but in reality, he risks deepening divisions and damaging public trust in the government’s commitment to democratic principles.
No political leader or party is above the Constitution of Zambia. The freedom to participate in politics, whether through a party or as an independent, is a cornerstone of Zambia’s democracy. Threats to block independent candidates not only violate the Constitution but also weaken the moral and democratic credibility of those in authority. Democracy thrives on tolerance, respect for the rule of law, and protection of citizens’ rights. Upholding these values is not only a constitutional obligation but also a patriotic duty. The future of Zambia’s democracy depends on leaders who value justice, inclusion, and fairness above personal or partisan interests.
About the Author:
Sikaile C. Sikaile is a Human Rights Advocate and Political Analyst and 2026 Independent aspiring MP. He writes on governance, democracy, and social justice.
The challenges of politics in the third world countries usually start from failure to respect constitutions of the land.
* Selfishness
* Undemocratic
* Egoism
* Dictatorship
People must be allowed to have a sense of belonging.
There must be free entry and free exit.
Freedoms of human beings are paramount where democracy is appreciated.
What we said no to under the PF must not be acceptable in UPND.
We are one people of the same country Zambia.
The idea of contesting for a position is to serve the people accordingly, with intent to improve the standards of life in a particular area.
It is up to the electorates to make a choice through the ballot and this must be done transparently to the satisfaction of the whole country’s population.
UPND promised to govern this country differently from the PF ways and that’s what the people expect not to start receiving sharp threatening sentiments or orders.No one must die or injured because of expressing their democratic rights.We cried for a better Zambia and we want to go backwards ” AIKONA MAN” a firm expression usually used by our beloved President of Zambia Mr Hakainde Hichilema himself to disagree with any thing that he disapproves.I have just borrowed that.
This text is written with due respect and in agreement with the submissions by the author Sikaile C. Sikaile.
You are shifting your position bosses. This is the message I have been preaching all along. If you people had gotten on board earlier on, we would not be in this mess. Now it is too late. People have had enough.
VOTE FOR CHANGE IN 2026.
If you really have evidence on this.issue, why did you shun the court during trial. Ebupuba ubu
Sometimes when criticizing, be a little analytical, this guy is not talking about all independents, he is talking to UPND members who may not be adopted, so it is a party matter, if he went overboard, i could have hammered him as well because I go for what is right
Samlindo, listen carefully and understand the constitution of Zambia and the rights of individuals.If you say he was addressing party members and he was just fine, are the members of UPND not Zambians? Don’t they have rights? Independent candidates can actually support any President at time of campaign provided they don’t use symbols or ligalia for another party.I understood him so much but I differ with him when he said those independent candidates won’t be allowed to do nominations and they will be delt with.That is anarchy.What method is he going to use to stop them? Besides entry to the party is free and exit must be free, that is democracy.My interest is democracy and freedoms of citizens in politics.We are not just criticizing for the sake of but we look at the paramount law of the land.Leaders must be guided too.We can not praise and worship them just like that.PF failed because of worshiping violence.We don’t want UPND to fail.The President of the party and the nation doesn’t encourage lawlessness.We can’t just allow clauses that are not in the constitution to be introduced with intent to create fear in people.We love the national Youth Chairman and we don’t want him to fall in the pit.This is the time to put things straight.