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The Law Association of Zambia, (LAZ) has called on the Electoral Commission of Zambia (ECZ) to rescind its nationwide suspension of counting and announcement of election results, arguing the decision exceeded the legal basis provided in the Electoral Process Act.
LAZ President Wesley Kaluba said it noted with serious concern ECZ’s decision to halt all counting following reported incidents of violence in some districts, acknowledging ECZ’s constitutional mandate to safeguard officials, voters, and electoral materials.
Kaluba said while security was important, the law required strict adherence to principles of legality and proportionality.
“LAZ recognises the constitutional mandate of ECZ to administer and supervise the electoral process. LAZ also acknowledges ECZ’s responsibility to safeguard electoral officials, voters, accredited observers and monitors, as well as ballot papers and other electoral materials,” he said.
Kaluba, however, stated that the exercise of this mandate must, at all times, remain within the confines of the Constitution of Zambia and the Electoral Process Act No. 35 of 2016, and must comply with the principles of legality, necessity, rationality and proportionality.
He unequivocally condemned all acts of electoral violence, including attacks on polling officials and the reported theft of marked ballot papers. It called on the Zambia Police Service to secure affected polling stations and counting centres and to investigate incidents promptly.
Kaluba questioned ECZ’s reliance on Section 67(3) of the Electoral Process Act as the basis for a nationwide halt.
“LAZ’s position is that section 67 must be interpreted as a whole and not by considering subsection (3) in isolation. Continuous counting is, therefore, the general rule, while suspension is the exception,” he said.
Kaluba argued that Section 67 appears principally concerned with counting at individual polling stations, yet ECZ applied the suspension across the entire country despite violence being reported only in some districts.
“The unlawful conduct of individuals in particular locations should not, without compelling legal and factual justification, prevent millions of voters in unaffected areas from having their votes counted and processed,” he said.
Kaluba warned that allowing violence in isolated areas to stop the national process set a dangerous precedent and could incentivize further disruption.
He added that LAZ was particularly concerned about the precedent that may be created if violence in isolated locations was allowed to bring the entire national electoral process to a halt.
Kaluba emphasized that electoral violence should never become an effective veto over the democratic process.
In challenging suspension of result announcements, he noted that Section 67(3) specifically related to counting procedures, while announcement and declaration were regulated separately.
LAZ put forward six demands to ECZ, including resuming counting in unaffected areas, limiting any suspension to specific districts, and providing regular public updates on when the process will resume.
“In view of the foregoing, LAZ calls upon ECZ to reconsider and rescind the nationwide suspension of the counting and announcement of election results, particularly in areas unaffected by violence,” Kaluba said.
He further urged ECZ to guarantee the safety of electoral personnel and materials, and to maintain timely and transparent communication with the public to preserve confidence in the process.
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