Transparency International Zambia (TI-Z) followed with keen interest the events surrounding the recently held by-elections in Kabushi and Kwacha constituencies in Ndola and Kitwe respectively. It is indisputable that the events surrounding the two by-elections have eroded the already weak public confidence in our democratic processes and the autonomy of our democratic institutions such as the Electoral Commission of Zambia (ECZ). Unfortunately, the key players in these by-elections elevated their personal and group interests far beyond the larger public interest and public good, thereby driving the country to a near constitutional crisis. Consequently, there was widespread voter apathy, with only 23% and a paltry 14% of the registered voters turning out to vote in Kabushi and Kwacha, respectively.
TI-Z wishes to raise four key issues arising from the events that characterized these by-elections:
- It is a well-known fact that the promise to restore the rule of law was one of the significant factors that propelled the United Party for National Development (UPND) to their convincing electoral victory in the 2021 general elections, following their over 20 years as an opposition political party. During their time in opposition, the UPND was a regular victim of political maneuvers aimed at hindering their free participation in different aspects of the country’s democratic process, including elections. Furthermore, during the lead-up to the 2021 general elections, the UPND was treated to unfair campaign tactics such as the dominance of the then incumbent republican President during the campaign period, which was designed to crowd-out the opposition in selected constituencies under the guise of security or COVID concerns. TI-Z therefore finds it grossly unfortunate and deeply disturbing that during the by-elections in Kwacha and Kabushi, the UPND government and party seemingly adopted these same unfair practices in a bid to win the by-elections. The many maneuvers that we witnessed, including through the judicial process, gave the worrying impression that the UPND as the party in government will stop at nothing to ensure that they advance their political interests. Given tha we witnessed similar machinations prior to August 2021, it is worrying that a party that wa given a strong mandate to govern on the basis of being different is adopting the same tactics that the Zambian citizenry widely rejected. TI-Z therefore calls on the UPND party an administration to refrain from such backward maneuvers and live up the high expectations tha the Zambian people have in them. The behaviour of the UPND party in the Kabushi an Kwacha fiasco does not inspire confidence, and we challenge them to change this narrative.
- There can be no doubt that the ECZ failed to meet the aspirations of the Zambian people with respect to the manner in which it handled the two by-elections. In aspiring to uphold the value of impartiality, the ECZ should not only act but also be seen to act in a non-partisan manner and exhibit the highest levels of impartiality and professionalism. Unfortunately, the events surrounding the two by-elections provide a basis to question the impartiality and autonomy of the Commission. Ultimately, the decisions taken by the ECZ in proceeding with the byelections, despite a court order staying the elections being in effect, served to disadvantage other players, in particular the Patriotic Front (PF). The fact that the ECZ’s decisions appeared to always be in line with the desires of the ruling party is a stain on the conscious of the Commission, and will do nothing to change he public perception that the Commission is only independent on paper but not in practice. TI-Z therefore calls on the ECZ to always exhibit the highest degree of professionalism in delivering their constitutionally-given mandate. In the same vein, we are concerned with the leadership gap currently existing at the Commission. The absence of a substantive Chief Executive Officer and Chairperson effectively means that both the management and oversight functions at the Commission are grossly impaired.
- In the lead-up to the two by-elections, all the political parties, including the PF were aware of the potential constitutional crisis that could arise by nominating candidates who previously lost the same seats through judicial processes. While respecting the rights of all political parties to select any candidate of their choice to stand on their ticket, it was grossly irresponsible of the PF to elevate this right far and above the peace and credibility of our electoral process. Fielding candidates who are subjects of judicial processes arising from constitutional lacunae, meant that the PF shot themselves in the foot, and this ultimately led to them not taking part in the by-elections. As a party that was in government not long ago, the PF should have anticipated the likely outcome of their decision and therefore could have taken strategic action to prevent this outcome.
We want also to address the role the Judiciary played or did not play in the matters concerning the two by-elections. We noted with great disappointment that, in more than one way our courts failed the people of Zambia by failing, in our view, to clearly, decisively, definitively, resolutely and authoritatively interpret the pieces of law brought before them by different parties beyond doubt. Often, whenever our courts interpreted the law, the public remained with more questions and labored to interpret the interpretations of our courts. We go to the courts to seek finality, however we feel the court’s rulings, in some instances, were vague and ambiguous. We do not want our judiciary to be looked upon as being not independent, partial and incompetent. We equally noted that there appeared to be dissonance among the different courts especially the High Court, the Court of Appeal and the Constitutional Court as though they were not falling under one judiciary; their judgments did not always seem to meet some standard of convergence, and this was a matter of grave concern for us and other stakeholders. In light of all this, TI-Z calls upon all stakeholders in the electoral process to reflect on these two by-elections in order to learn vital lessons, and to take actions aimed at preventing such an outcome in future. We also call on the UPND administration to provide a clear roadmap for the constitutional review process, which process is important to address the many constitutional lacunae, which have the potential to plunge the country into a constitutional crisis.
What happened in Kabushi and Kwacha is a stain on our democracy, and it is our hope that measures will be put in place to avoid a recurrence in future.
Sampa J. Kalungu (Mr.)
CHAPTER PRESIDENT
