By Chinoyi Chipulu
The Electoral Commission of Zambia (ECZ) says the use of campaign materials from non-participating political parties is illegal and against the electoral process.
And when ECZ chairperson Mwangala Zaloumis was asked about the punishment for people who would be found wanting, an ECZ official responded that any person found guilty of using campaign materials that were not of a contesting political party would be liable to a fine of up to K60,000 or to a jail term not exceeding 2 years.
ECZ Chairperson Mwangala Zaloumis said only campaign materials depicting symbols, colours, and images of participating parties and candidates are allowed.
Speaking during a media briefing yesterday, Zaloumis explained that campaign materials included party or candidate manifestos, advertisements, billboards, posters, T-shirts, clothing, or other items displaying party colors or symbols.
She said she was aware that the commission had been pulled in the dust that it was doing wrong things and that the guidance given was illegal.
“I’m aware that quite a number of statements have been issued, I am aware that people have held press briefings on these issues. I think let’s put the record straight and remind stakeholders when we do our mandate, where we come from as far as campaign materials are concerned and how they are confined to political parties that are participating in an election, how we cannot borrow or lend our symbols, colour,” she said.
She said the law had not been made now by the commission but it had always been there.
She said the commission had noted with concern the debate regarding the use and wearing of campaign regalia which did not depict the symbol, colour and pictorial images of the contesting political party or candidate during an election campaign period.
She said the debate arose following a point of clarification raised during the post nomination of political parties liaison committee meeting held last week in Lavushimanda district ahead of the Mfuwe parliamentary by elections.
“The concern was that some people had taken advantage of the campaign materials to engage in acts of violence and other electoral malpractice. Some stakeholders wanted to know whether campaigners for a candidate could adorn another party’s campaign materials bearing symbols and colors of a party that was not participating in the election,” Zaloumis said.
“The Commission would like to confirm and reaffirm its position that only campaign materials depicting the symbols, colours, images of a political party and/or pictorial images of a candidate contesting an election will be allowed and may be distributed and propagated during the campaign period ahead of the forthcoming by-elections and beyond.”
Zaloumis said this clarification generated further debate from political parties that were not taking part in the election and questioned the legal basis of such guidance.
She said some stakeholders had gone as far as claiming that the clarification and guidance were illegal and unconstitutional citing the constitutional provisions in Articles 20 and 21 that guaranteed citizens freedom of expression and association.
Zaloumis said in as much as the constitution in Article 20 and 21 guaranteed citizens the freedoms and rights, the same provisions derogated such freedoms and rights on account of public order, safety, defense and morality among others.
“Since the electoral process is anchored on established laws and in peaceful and orderly electoral environments, the maintenance of public order and respect for the rule of law among players during electoral campaigns is paramount in safeguarding individual freedoms and peace during campaigns. The Commission, therefore, in Article 229 is mandated to “implement the electoral process” and “regulate the conduct of candidates”. It goes without saying that providing guidance on how an election ought to be conducted is within the mandate of the Commission, and can never be a misguidance and illegal act,” said Zaloumis.
She reminded the stakeholders that this was not the first time the commission had guided political parties ahead of an election campaign.
She said in 2021, the Commission guided independent candidates not to use campaign regalia of other contesting political parties and their candidates because it would only confuse voters thereby promoting disorder in the electoral process.
“We wish to urge the political parties that those participating in elections must follow the law as prescribed in Section 89 (1) (n) of the Electoral Process Act. It is an offence for any person being a candidate to use a symbol in the course of an election other than a symbol registered with the Chief Electoral Officer. It is also an offence for any other person to associate any candidate with any symbol in the course of an election other than the candidates registered symbol,” said Zaloumis.
She said alliances should have order and identify people who were standing by wearing their campaign regalia.
She said there would be disorder in political parties all alliance members decided to print their own campaign materials.
“You identify the political party by a regalia you wear. So what you are doing is a disservice to that political party because people might not even know about alliances and would be looking for the symbol they have been seeing when going to vote, “she said.
And Zaloumis addressed concerns regarding voter registration, stating that the ECZ has used Automated Biometric Identification System (ABIS) technology since 2006.
Zaloumis said the commission was scheduled to conduct a mass mobile registration of voters registration in preparation of the 2026 general elections.
She said they estimated to capture a number of 3.5 million people that would be eligible to vote.
She dismissed allegations that the system is new or suspicious, highlighting its consistent use in preparing voter registers for the 2006, 2011, 2015, and 2021 general elections, as well as the ongoing continuous voter registration exercise in 30 districts.
Zaloumis stated that the allegations leveled against the Commission regarding the matter were baseless, misguided, and unfounded.
She said the new registration would be added to the new register that stood at 7.07 million voters.
“The commission wishes to state from the onset that the ECZ had been utilizing the automated biometric identification system technology in the voter registration since 2006. This is not a new system as being alleged. All election bodies in Africa all use this system,” said Zaloumis.
Use of campaign materials for non-participating parties illegal, insists ECZ.
