SIXTH 2021 ELECTIONS PROJECT UPDATE

Good morning fellow citizens, and welcome to update number six from Transparency
International Zambia (TI-Z)’s 2021 Elections Project, whose focus today is on the engagement
meeting we held with the Electoral Commission of Zambia (ECZ), the suspension of political
rallies by the ECZ, and an apparent example of abuse of public resources during campaigns.

  1. Our engagement with the ECZ
    On Thursday 3rd June 2021, the ECZ hosted TI-Z for an engagement meeting that was called in
    response to our request to meet the Commission in order to discuss key observations and
    concerns that we have about different aspects of the electoral process. The closed door
    meeting also provided an opportunity for TI-Z to share with the ECZ its ongoing and planned
    activities in relation to the 2021 general elections. Among the key issues discussed were the
    implications of the Electoral Process Amendment Act no 32 of 2021 and modalities that ECZ
    would put in place to protect the integrity of the prison vote. The ECZ was also requested to
    provide feedback on punitive action taken against candidates who have been seen distributing
    money to the electorate. Another key point of clarification sought was on whether the ECZ’s
    public stance that there was no legal mandate for them to make public the assets and liabilities
    declarations of the Presidential candidates was final. The Commission provided valuable
    feedback on these observations and queries, and also gave guidance on the procedure we
    need to follow in order to obtain certain specific information that we requested for. We will be
    following that procedure in order to provide accurate information on these queries in subsequent
    updates that we will give. TI-Z would like to thank ECZ for their willingness to meet with us and
    to discuss issues in a spirit of mutual accountability. We encourage the Commission to not only
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    remain open to engagement with all stakeholders, but to also be seen to take on board the
    concerns that these stakeholders have been raising with them.
  2. Suspension of public rallies by the ECZ
    As indicated in a press release last week, we consider the decision by the ECZ to suspend
    political rallies in the wake of the reported worsening COVID-19 situation as unfortunate. We
    reiterate our position from last week’s update that we recognize the need for political parties and
    other stakeholders in the electoral process to take responsibility to protect their supporters by
    adhering to COVID-19 mitigation measures as they conduct their electoral activities such as
    door-to-door campaigns, road shows, and other public gatherings. We are however concerned
    that the ECZ has not only singled out public rallies, but also gone for the most extreme and last
    resort measure they could have effected in relation to public rallies. Our considered view is that
    given the significance of public rallies as a campaign strategy, the Commission should have
    been more consultative in mutually seeking solutions with all the political parties in order to hear
    what measures the parties would have proposed for them to hold rallies in as safe a manner as
    possible, within the context of the new normal. On this score, we note that the ECZ did in fact
    engage political parties on this issue, and while no resolution was reached from this initial
    engagement, the Commission should have been more open to hear possible solutions rather
    than unilaterally effect the most extreme measure in this regard. Even though rallies may be
    considered as “super-spreader” events, to our knowledge, there has not been any evidence that
    has conclusively shown that rallies have been responsible for the recent rise in COVID-19 cases
    in Zambia. Rather, there has been a general laxity in adhering to COVID-19 regulations, such
    as in markets, and social activities have also continued. We are also concerned that the
    implementation of this suspension on rallies by the Zambia Police Service will be a potential
    point of commotion as the campaign period rolls on. We have already seen media reports of
    some Patriotic Front (PF) cadres that were beaten up by United Party for National Development
    (UPND) cadres for disrupting a campaign road show by the UPND presidential candidate in
    Ndola, while the Police were also reported to have been involved in some skirmishes with
    UPND supporters in Chingola.
    Given all this, it is difficult to see the suspension of rallies as anything other than a move borne
    out of political expediency, and one that will reinforce the continued abuse of the Public Order
    Act. Again, we reiterate that we are not oblivious to genuine concern about the spike in COVID19 cases given that winter is now upon us. However, the pandemic should not be used as a tool
    for limiting the freedoms of political stakeholders in any way, shape or form, and the ECZ will do
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    well to be more open to responding to the concerns of the stakeholders. In the same vein, we
    urge the leaders of the two political parties involved in these skirmishes to send out a strong
    message by publicly denouncing all forms of violence in these campaigns.
  3. Abuse of public resources during campaigns
    It has come to TI-Z’s attention that the presidential running mate for the Patriotic Front, Prof.
    Nkandu Luo, has been moving around the country with the Vice President, Madam Inonge
    Wina. While Mrs Wina’s trips have been said to be for purposes of inspecting government
    developmental projects, we are alarmed to see that Prof. Luo has also been using the same
    trips to interact with the electorate and engage in campaigns for her political party. While we are
    cognizant of the fact that Her Honour the Vice President has the right to have anyone
    accompany her on official trips, our considered view is that involving the party’s running mate in
    this manner and allowing her to use the opportunity to campaign is a blatant abuse of public
    resources by Prof. Luo. TI-Z would like to remind Prof. Luo and her party of Article 60, 3(d) of
    the Zambian Constitution as amended in 2016, which stipulates that a political party shall not
    use public resources to promote its interest or that of its members. TI-Z further requests the
    ECZ to take interest in this matter since Article 3(b) of the Electoral Process Act No 35 of 2016
    stipulates that it is the duty of the Commission to ensure that political parties do not use state
    resources to campaign for the benefit of any political party or candidate.
    As we end for this week, we would like to reiterate our call to the ECZ to do everything in their
    power to provide a level playing field for the 2021 general elections. This means that the
    Commission should also not be dismissive of the concerns that are being raised by
    stakeholders in the electoral process, but should rather engage with them in a spirit of
    transparency and accountability, in order to enhance the prospects for there to be free and fair
    elections on 12th August.
    We thank you for joining us for today’s update, and we look forward to speaking to you again
    next week. May God bless you all.
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