AFRICA/ZAMBIA — Post-election crisis worsens

Lusaka – Zambia’s post-election crisis is worsening following the expiry of the deadline for filing an appeal against President Hakainde Hichilema’s victory in the 13 August elections , with the opposition unable to physically lodge its petition with the Supreme Court. The various High Court premises were closed on the basis of a government directive . The buildings were cordoned off and surrounded by police, while an administrative circular issued by the judiciary instructed staff not to report for work.
The closure of the courts coincided with the final day of the seven-day constitutional deadline for filing a petition challenging the outcome of the presidential election following the general elections held on 13 August.

Opposition lawyers made a last-minute attempt to submit the petition documents by email to the Chief Justice of the Supreme Court. The Chief Justice confirmed that he had received the email and the accompanying documents. While describing the method of submission as highly irregular, he exercised his administrative powers to refer the documents to the Constitutional Court so that it could determine whether the petition could be deemed to have been duly filed.

The office of President Hichilema, however, issued a statement saying that the judicial authorities had received no petition and that, consequently, the presidential inauguration ceremony would be held as scheduled on 1 September.

Against this backdrop, Fr Gabriel Mapulanga, Executive Director of Caritas Zambia, has called for constitutional reforms aimed at strengthening the separation of powers among the executive, legislative and judicial branches of government. Fr Mapulanga described the closure of the High Court premises as deplorable, stressing that such a measure should not be adopted in a democracy without clear public communication.

If the closures were indeed prompted by security concerns, as the police have claimed, the authorities should have promptly informed the public and relevant parties, indicating alternative arrangements or dates for the filing of documents. The Executive Director of Caritas Zambia also urged civil society organizations to engage decisively in promoting reforms capable of better safeguarding the independence of the three branches of government.

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