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A coalition of Civil Society Organisations has urged Chief Justice Dr. Mumba Malila to urgently prioritise the establishment of a specialised Electoral Court as a division of the High Court ahead of the 2026 general elections.
Coalition Chairperson, Isaac Mwanza, said an Electoral Court would significantly strengthen the administration of justice in electoral disputes, ensuring cases are handled expeditiously, transparently, and with the necessary technical expertise.
In a statement issued in Lusaka on Monday, Mwanza stated that as Zambia continues to consolidate its democracy, the timely and credible resolution of electoral conflicts is vital for sustaining public trust in democratic processes.
He further appealed to Zambia’s cooperating partners to consider funding the establishment and operationalisation of the Electoral Court, including the specialised training of judges and magistrates, as a priority support area.
“Such investment will not only enhance the quality and efficiency of electoral justice but also support broader judicial reform efforts critical to protecting democracy and the rule of law,” Mwanza said.
He added that establishing the Electoral Court would enhance public confidence in the fairness of electoral outcomes, ease pressure on the general court system during elections, and ensure that cases are adjudicated by specialised experts, leading to more consistent and credible decisions.
Additionally, the coalition expressed concern over the growing trend by the Economic and Financial Crimes Courts to routinely deny bail to persons—particularly high-profile figures—who have been sentenced but have filed appeals against their convictions.
“In Zambia’s legal system, where appeals can often take years to conclude, denying bail in such cases effectively results in individuals serving full sentences before their appeals are heard, leading to potential irreparable injustice, especially where convictions are later overturned,” Mwanza said.
He noted that this was particularly troubling for shorter-term sentences, where punishment is completed before appellate decisions are rendered, punishing individuals who may ultimately be found innocent.
Mwanza reminded the Chief Justice that it was his fundamental duty to ensure that justice is both done and seen to be done.
“The right to bail, especially pending appeal, is an essential component of justice, preserving the presumption of innocence and protecting individuals against wrongful punishment,” he said.
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He urged the Chief Justice to provide clear administrative guidance to judicial officers, stressing that bail decisions must be grounded in law and fairness rather than perceived punitive motives, and that courts must uphold the rights of all persons, regardless of their status or the popularity of the allegations against them.
Mwanza added that the consortium was ready to engage further with the Judiciary, cooperating partners, and other stakeholders to ensure that Zambia’s judicial system evolves towards greater fairness, efficiency, and protection of constitutional rights.
The coalition comprises the Zambia Institute of Governance and Civil Liberties Advocacy Platform, Measures of Justice and Democracy Foundation, GEARS Initiative Zambia, Zambia Civil Liberties Union, Advocacy for Nation Development and Democracy, SACCORD, and Acton Institute for Policy Analysis Centre.
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