Global lawyers slam Zambia’s elections

…as the network of international lawyers raise grave concerns over the breakdown of the rule of law, court closures, erosion of judicial independence, and detention of opposition figures, including the cancellation of passports for six Zambians critical of the UPND government By BARNABAS ZULU SEVEN international and regional legal organisations have condemned developments surrounding Zambia’s August 13 general elections, saying they raise serious questions about the rule of law, judicial independence and access to justice. The organisations are the International Bar Association’s Human Rights Institute, Bar Human Rights Committee of England and Wales, East Africa Law Society, International Commission of Jurists, Law Society of England and Wales, Lawyers for Lawyers and Pan African Lawyers’ Union. In a joint statement issued on Wednesday, the organisations said: “Taken together, the incidents outlined raise serious questions about the independence of the judiciary, security-force conduct and accountability, election-related access to justice, and the ability of lawyers to carry out their professional functions without fear of reprisal.” They cited the reported deployment of the Zambia Army and joint security task forces during and after polling, as well as reports by election observers, including the European Union observation mission, of “serious incidents and procedural irregularities” during counting and tabulation. The organisations also raised concerns over the shooting of former Transport and Communications Minister Mutotwe Kafwaya on August 14 during a security operation at a property linked to the opposition presidential candidate. “His (Mutotwe Kafwaya) death was publicly confirmed by the authorities five days later,” they said. They also condemned the closure of the Constitutional Court, High Court, Supreme Court and other courts across the country on August 24, saying this happened on the penultimate day of the constitutional deadline for filing a presidential election petition. “The email address of the Chief Registrar’s office was also disabled, preventing petitions from being filed electronically, leading to a complete denial of access to justice,” the organisations said. They said the Law Association of Zambia had publicly stated that it had not received a formal explanation for the closure and had called for the urgent restoration of access to the courts. The organisations also expressed concern over reports that lawyers involved in election-related challenges had felt forced to leave the country because of threats to their safety. They cited former LAZ president Linda Kasonde, who they said prepared and electronically lodged a petition through the personal email of the Chief Justice within the seven-day deadline despite the physical closure of the courts. The organisations also criticised the cancellation of passports belonging to six individuals, saying the decision was contrary to constitutional and international guarantees on freedom of movement. They questioned the appointment of 40 judges in May 2026, the increase in judicial salaries and the October 2024 removal of three Constitutional Court judges. “These actions seriously undermine the rule of law in the country, as they narrow civic space, severely limit access to justice and erode the separation of powers,” they said. The organisations have called for an independent investigation into Mr Kafwaya’s killing, an inquiry into the closure of the courts and publication of a full list of election-related detainees. They have also demanded guarantees for the safety and independence of lawyers, restoration of the cancelled passports and inquiries into the legality of the 2026 judicial appointments, salary increase and removal of the three Constitutional Court judges.

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