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Daily Nation > Blog > Local News > Community > The ERTC Charade Is an Affront to Constitutional Order
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The ERTC Charade Is an Affront to Constitutional Order

Daily Nation
Last updated: April 22, 2025 9:06 am
Daily Nation
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When the Electoral Commission of Zambia (ECZ) Chairperson Mwangala Zaloumis launched the so-called Electoral Reform Technical Committee (ERTC), she didn’t just overstep her mandate—she trampled over constitutional order.

Let’s be clear: the ERTC is illegal. It lacks statutory backing, constitutional legitimacy, and public trust. Yet this unauthorized committee is now preparing to submit its “findings” to the Minister of Justice, as if forged authority can substitute for lawful process.

Zaloumis’ unilateral creation of the ERTC is deeply troubling. The chairperson of the ECZ has no power to establish a body tasked with comprehensive review of the electoral system.

That mandate lies either with the President, under the Inquiries Act, or with the Zambia Law Development Commission (ZLDC), which is the appropriate legal body to undertake reforms of this nature.

But instead of respecting that framework, Zaloumis appointed her former UNIP colleague and former Minister of Finance, Rabson Chongo, to head this rogue operation. From the outset, it has reeked of cronyism and constitutional overreach.

Contrast this with the 2003 ERTC established by President Levy Mwanawasa.

That effort was lawful, transparent, and inclusive—drawing stakeholders from the Law Association of Zambia, civil society, the Church, youth and women’s groups, and the media.

Crucially, it was legally commissioned by the head of state and administered through the Ministry of Justice. Zaloumis’ effort lacks every one of those safeguards.

Even more disturbing is the use of public funds to bankroll this illegitimate process.

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What budget line within the ECZ is financing these public sittings? Who authorized this expenditure? Without a legal foundation, every kwacha spent is not just questionable—it’s potentially unlawful. This isn’t reform. Its misappropriation dressed up as consultation.

Moreover, the ECZ cannot reform itself. It is a constitutional body, not a lawmaking institution.

It exists to implement the law, not invent it.

For Zaloumis to imagine she can lead a process to overhaul electoral legislation—while still presiding over the very institution that would be affected—is a staggering conflict of interest.

If President Hakainde Hichilema genuinely intends to reform the electoral process, he must follow constitutional protocol.

He must act transparently, inclusively, and—above all—lawfully.

That means commissioning an inquiry through the proper legal channels, not turning a blind eye while the ECZ plays lawmaker behind closed doors.

Zambia’s electoral credibility is too important to be subject to political shortcuts or bureaucratic adventurism. What’s happening under the guise of the ERTC is not reform—it is a betrayal of process and principle.

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