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The Commonwealth Lawyers Association (CLA) has expressed deep concern over developments in Zambia following the August 13, 2026 general election, warning that recent events threaten access to justice, judicial independence and the safety of legal practitioners.
In a statement released in Lusaka, the CLA said it was monitoring reports from Zambia that point to a pattern of actions undermining the rule of law in the aftermath of the polls.
The association emphasized that its intervention was limited to legal and governance issues, and not to the political outcome of the election.
The CLA said its mandate was to promote the rule of law across Commonwealth countries by supporting independent legal professions and judicial systems.
“The CLA’s constitutional mandate is to promote the rule of law throughout the Commonwealth by ensuring that the people of the Commonwealth are served by an independent and efficient legal profession,” the association stated.
It also addressed thr rule-of-law, access-to-justice and lawyer-safety concerns only and emphasized that it did not take a position on the merits of the election outcome or favour any political party.
The association listed five key incidents that had raised alarm. These include the deployment of the army during the election, with military personnel reportedly taking control of tallying centres in Mufulira and armed vehicles deployed in parts of Lusaka.
It also cited alleged irregularities during counting and tabulation, and claims of breaches in ballot-box security that have cast doubt on the credibility of the process.
The CLA further highlighted the fatal shooting of former Cabinet Minister Mutotwe Kafwaya on 14 August 2026 during an armed raid on a property linked to the opposition presidential candidate.
“These developments engage fundamental Commonwealth and international standards governing the independence of the judiciary and the legal profession,” the CLA said.
It stated that the Commonwealth (Latimer House) Principles recognised that an independent and impartial judiciary, together with an independent and effective legal profession, was essential to the rule of law and the proper administration of justice.
The Association said another major concern was the sealing of courts on the final day for filing presidential election petitions, noting reports that some lawyers seeking to file election petitions had left the country due to fears for their personal safety.
“The UN Basic Principles on the Role of Lawyers require governments to ensure that lawyers can perform their professional functions ‘without intimidation, hindrance, harassment or improper interference’ and that, where their security is threatened because of their work, they are adequately safeguarded by the authorities,” reads the statement.
The CLA expressed particular concern over the timing of the removal of experienced judges from the Constitutional Court and Parliament’s May 2026 ratification of 40 new appointments to superior courts, ahead of possible constitutional and election challenges.
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It warned that judicial independence was critical to ensuring courts can hold the Executive to account and resolve disputes without interference.
“The situation in Zambia is serious and requires urgent, lawful and proportionate action. Lawyers must be able to advise their clients, approach the courts and pursue lawful proceedings safely and independently. Courts must remain accessible and able to determine disputes without interference or intimidation.”
The association issued five specific calls to Zambian authorities, demanding a prompt and transparent investigation into former Lunte Lawmaker and Cabinet Minister Mutotwe Kafwaya’s death, including the circumstances of the security operation and the delay in confirming it.
It also urged the government to restore public confidence by reaffirming respect for the rule of law, reopening access to courts, and establishing an independent inquiry into the closure of courts and removal of judges.
“The CLA stands ready, together with other Commonwealth legal organisations, to support independent observation of election petitions and other Constitutional Court challenges. We also offer, in consultation with the Law Association of Zambia, appropriate assistance to support and develop capacity within the legal profession and judiciary,” the association said
CLA called for public assurances that lawyers would be allowed to represent clients without fear, regardless of political affiliation.
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