Zambia democracy under pressure

by ARNOLD MULENGA
LUSAKA, (CAJ News) – ZAMBIA’S post-election tensions have deepened after courts were closed nationwide as opposition leader Brian Mundubile prepared to challenge President Hakainde Hichilema’s re-election, prompting fresh concerns over access to justice and the country’s democratic space.

The closure on Monday came as the constitutional window for filing a presidential election petition approached its deadline.

Hichilema was declared the winner of the August 13 election with about 60 per cent of the vote, while Mundubile secured about 38 per cent and has alleged irregularities.

The timing of the shutdown has intensified criticism, with opposition-linked social media users describing it as an attempt to prevent Mundubile from accessing the courts.

The Zambia Police Service (ZPS) offered a different explanation.

In a press statement released on Tuesday, Inspector General Graphel Musamba said security agencies were conducting “intelligence-led and preventive” risk assessments at selected government premises to identify vulnerabilities and protect institutions, officials and the public.

He said the exercise was not directed at any individual or group and urged citizens to remain calm.

But the controversy has fuelled an increasingly heated debate online over whether Zambia’s democratic space is narrowing.

Commentators have questioned why court facilities were inaccessible at precisely the moment an opposition candidate sought judicial redress.

Mundubile has previously accused the government of shrinking democratic space and using state institutions against the opposition.

In April, Mundubile warned that Zambia’s democracy was “going to the grave”, alleging that state institutions were being weaponised against political opponents.

The immediate concern extends beyond one election petition.

Courts are a fundamental avenue through which citizens can challenge government decisions, defend constitutional rights and peacefully resolve political disputes.

Closing or restricting access to them during a constitutionally prescribed filing period can undermine confidence in the rule of law, particularly if no clear alternative mechanism is provided.

Likewise, restrictions on freedom of expression can drive political grievances away from lawful institutions and into confrontation.

Democratic systems depend on the ability of citizens, journalists, opposition parties and civil society to question authorities without intimidation, while governments retain the responsibility to address genuine security threats proportionately and transparently.

The closure has therefore placed Zambia’s institutions under intense scrutiny.

A survey by CAJ News Africa confirmed that major courts were inaccessible, while lawyers and observers questioned how time-sensitive constitutional matters could proceed.

For Zambia, once widely regarded as a relatively stable multiparty democracy, the immediate challenge is to ensure that post-election disputes are settled through credible institutions rather than deepening mistrust.

The country’s democratic resilience may ultimately depend not simply on who wins elections, but on whether every contestant can freely seek justice when results are disputed.

– CAJ News