By 
Former Kasenengwa Constituency lawmaker, Sensio Banda, has criticized the decision by the Electoral Commission of Zambia (ECZ) to ban regalia of the non-participating political parties in the Mfuwe by-election, describing this as a threat to democracy.
The ECZ had reaffirmed that the use and wearing of campaign regalia which did not depict the symbol, colour or pictorial images of the contesting political party and or candidate respectively during an election campaign period was illegal.
Banda told Zambia Monitor that the directive, lacking a clear legal grounding, appears to overstep the Commission’s authority and risks undermining Zambia’s constitutional democracy.
He said legally, the ECZ drew its powers from the Electoral Process Act No. 35 of 2016, its Regulations, and the Electoral Commission of Zambia Act.
“These statutes enable the Commission to regulate electoral conduct, but this power must be exercised within the bounds of the law,” Banda stated.
He argued that the current legislation only restricted the use of campaign material within 400 meters of a polling station on polling day and nowhere did the law prohibit the wearing of allied party regalia during the broader campaign period.
Banda said for any new prohibition to be enforceable, it should be formally enacted through a Statutory Instrument, not through a unilateral pronouncement because the directive lacked legal weight and veers dangerously into illegality.
“Constitutionally, the ECZ’s action undermines Article 21 of the Zambian Constitution, which guarantees freedom of association and political expression,” he stated.
Banda noted that political alliances were a recognized feature of democratic systems, and restricting allied regalia during campaigns arbitrarily limits their ability to associate and publicly express their shared platform.
Read More: Electoral commission reiterates ban on non-compliant campaign regalia ahead of Mfuwe by-election
He said if opposition alliances were selectively targeted while ruling party alliances were allowed more flexibility, it raised concerns of bias, undermining the ECZ’s credibility and that more troubling was the mention of a two-year jail term for violators.
“This exceeds the one-year maximum penalty provided under Regulation 10(3) of the enforcement regulations and constitutes a misrepresentation of the law,” Banda said.
He stated that threatening such disproportionate punishment without a legal basis amounted to intimidation and eroded the rule of law while the directive also raises deeper questions about the independence and impartiality of the ECZ.
Banda stated that a democratic society thrived on fair electoral processes, not arbitrary or selectively enforced rules.
“When an institution such as the ECZ is seen to operate beyond its legal mandate or in a politically partisan manner, public trust diminishes, paving the way for political unrest and democratic backsliding,” he said.
WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.
Comments