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‘Restore access to courts,’ Zambian lawyers knock govt over closure of courts amid post-election battles

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The Law Association of Zambia has called for the immediate restoration of access to courts following the closure of superior courts in Lusaka and the deployment of heavily armed military personnel around court premises.

LAZ president, Arnold Kaluba, expressed concern over the shutdown, which occurred without a formal public explanation on the reasons, scope, or duration of the closure.

In a statement issued in Lusaka on Monday, Kaluba said the association had seen an unsigned memorandum dated August 24, 2026 addressed to Judiciary staff directing the closure of courts.

He, however, said no further official information had been provided to legal practitioners, litigants or the public at the time of the statement.

Kaluba confirmed that some court premises had been sealed off with tape marked “Crime Scene,” raising further questions about the legal basis for the measures and the handling of urgent judicial matters.

“The closure has occurred in the absence, at the time of issuing this statement, of a formal public explanation setting out the reasons for the closure, its geographical scope, its expected duration and the arrangements in place to ensure continued access to justice,” he stated.

Kaluba highlighted that the shutdown had immediate implications for access to justice, particularly for persons with pending criminal proceedings, bail applications, and applications for habeas corpus.

“Article 13(3) of the Constitution of Zambia requires that a person arrested or detained upon reasonable suspicion of having committed, or being about to commit, a criminal offence and who is not released be brought without undue delay before a court,” he said.

Kaluba also flagged the timing of the closure, noting it falls on the last day of the seven-day constitutional window under Article 103(1) for petitioning the Constitutional Court to nullify the election of a President-elect.

He warned that the closure of the Courts during this constitutionally prescribed period created a real risk that persons seeking to exercise this constitutional right may be prejudiced by uncertainty regarding access to Court registries, filing facilities and judicial officers.

Kaluba acknowledged that genuine security concerns may require temporary measures, but stressed that such actions must be lawful and proportionate.

“Such measures must be lawful, proportionate and implemented in a manner that preserves access to justice and respects the constitutional independence and autonomy of the Judiciary,” he said.

Citing Article 122 of the Constitution, Kaluba reminded that the Judiciary was guaranteed autonomy and that extraordinary security measures must not impede judicial functions or deny reasonable access to justice.

Kaluba has issued six specific demands to the Judiciary, including the urgent restoration of court access and the establishment of alternative filing arrangements for urgent matters.

Read More: Courts shut as leading opposition figure, Mundubile, begins move to challenge Hichilema victory

He further called for priority to be given to cases affecting personal liberty, constitutional and electoral proceedings, and for assurances that no one would be prejudiced by filing deadlines during the closure.

Kaluba also urged prompt communication to the public on the reasons for the closure and clarification on the legal basis for the deployment of military personnel at court premises.

“LAZ is currently engaging the Honourable Chief Justice and the Attorney General concerning the closure and its implications. LAZ will continue to monitor the situation closely and keep its members and the nation informed of material developments,” he said.

The High Court and Supreme Court complex, which also houses the Constitutional Court, had been barricaded with yellow “crime scene” tape and closed amid heightened security on the final day for opposition presidential candidate, Brian Mundubile, to file a petition challenging President Hakainde Hichilema’s victory in the Aug. 13 election.

The Ministry of Home Affairs and Internal Security and National Prosecution Authority (NPA) premises are also closed, with security personnel deployed around the institutions.

Brian Mundubile, the Tonse Pamodzi Alliance presidential candidate, was expected to file his petition today, Aug. 24, the deadline for challenging the presidential election results.

Security personnel and an armoured police vehicle have been deployed at the Lusaka High Court premises, with the entrance cordoned off.

A notice issued over the closure states that, for security reasons, all members of staff had been advised not to report for work today, with further guidance to be issued once the situation is contained.

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