By Patson Chilemba
Outgoing Electoral Commission of Zambia chief electoral officer Patrick Nshindano says he will not speak directly to the ‘Akafumba-Ngoma’ audio, but that his commitment is to the law, without which one would be creating chaos, adding “whether that position sits well with government or opposition unfortunately is not of paramount importance.”
And Nshindano said any electoral officer should know something is wrong the moment they become “user-friendly”, saying “any politician will try to mislead” but the responsibility is on the commission to guide stakeholders “regardless of the level” and prayed that “whoever is going to come through will also be able to hold fort.”
And Nshindano said there are certain provisions of the law which appear to favour “one over the others”, and hopes serious attention will be taken to address that in the electoral and constitutional review processes to enhance the electoral process.
Speaking with Daily Revelation, Nshindano was asked if he had left on account of what has been stated as mutual separation or there are issues behind what meets the public eye. Responding, Nshindano said it was just the next step he was taking, saying he will now spend time with his children whom he said had missed him for three years.
But asked on assertions that he had been forced out because the UPND administration is not comfortable having him in that public office, including the purported audio involving presidential political advisor Levy Ngoma and Home Affairs permanent secretary Josephs Akafumba, Nshindano said those things will always be there “but for us I think we have reached that point where we are saying I have done my part and I need to move on and basically wish all those that are to come all the best.”
Highlighting his achievements as Chief Electoral Officer, Nshindano said the first one was the general election because it was the pinnacle of the electoral cycle, saying the commission worked to the best of their ability to deliver a credible election which also saw the change of government, something he said was not enjoyed in many jurisdictions.
He said the commission has also been able to enhance a number of processes which allowed for more transparency and efficiency in the results management.
Asked if in future he would accept to serve in the same position if another government were to ask him, Nshindano said: “That’s a tricky question. I am sure my family will tell me don’t even think about it because of the drain that comes through this position.”
He said he would be available to serve in any other role owing to his passion to the institution but not in the position as Chief Electoral Officer.
“That’s something I don’t think I would be able to come back to. But you never know how the Lord works in mysterious ways. Never say never,” Nshindano said.
Asked how his relationship with the UPND administration has been since he was appointed into that position during the PF administration, and just the politics which came with his office, Nshindano said “the beauty is that for us as a commission we try to stay at arms length when it comes to politics.”
“There will always be sentiments here and there but when it comes to the professional work where we are for example dealing with the treasury it’s been flawless, we have been able to receive the funds as and when we request. We have been able to engage when it comes policy meetings because we are under the Vice-President’s office, we’ve had conversations, updates on how we are doing things and so on,” Nshindano said, adding that it has been seamless in terms of the transition from the PF administration to the (UPND administration). “On a political front, that is another scenario. We are used to that as a commission. It’s not unique to any administration you get that where whichever government comes in they will always perceive you as working with the opposition and the opposition will also perceive you as working with government. That’s the hazard of the job. And you just need to accept it and just to remain professional regardless of what political commentators say. The point is that you are guided by law and ensure that you stick to what is provided for in the law, and your mandate.”
Asked if it was true that he refused to be a user-friendly electoral officer to the government with reference to the asserted Ngoma-Akafumba audio, Nshindano laughed and said “I don’t know.”
But asked if he was aware of the audio being referred to, Nshindano said: “The audio! Yah! Well I can’t speak directly to the audio. Like what I have indicated, for me my principle has always been we need to follow the guidelines and that is what the law entails. When it comes to Electoral processes, the moment somebody loses that integrity, the moment somebody decides to stray away and you say you are going to do things that are not prescribed in law, you are creating chaos, and you are opening a Pandora’s box which you can’t close. And this has been the principle and the guidance, starting from the commissioners is that the law is very clear on how to conduct elections. Whether that position sits well with government or opposition unfortunately is not of paramount importance. What is of paramount importance is to ensure that the law…and that’s what we do. And sometimes this may appear as though somebody is not cooperative or somebody is trying to undermine individuals, either from the opposition or the ruling. But the point is that we have a mandate to do and we need to do it well and in line with the law.”
Asked what his urge was to the one who will be appointed to take over from him picking up from his earlier point of not pandering to or becoming user-friendly to anyone, Nshindano said: “Yes, I think when you become user-friendly then you know there is something wrong because any politician will try to mislead, and the responsibility is on us as a commission to guide our stakeholders and to say this is what the law says and this is how things should be done irregardless of the level. And we pray that whoever is going to come through will also be able to hold fort. And I know that before my coming here my colleagues did the same. And I believe those that are to come will do the same. But like I said at the beginning this job is without its hazards you need to be ready to be called all sorts of names. But what is important is to stick to the law and do according to the law.”
Nshindano said sometimes the law was not very friendly, as there were certain provisions that appeared to be acrimonious to the public and may even appear to favour one over the others, but that that was what the law stated, saying there was very little to be done unless the law were amended.
He said he was aware that there will not only be a review of the electoral process but also the constitution and that he hoped that these things will be taken seriously in order to enhance the electoral process.
Nshindano said the country has achieved a lot and can only build on that which it had already achieved.
Asked if he agreed with sentiments from some circles that he was the latest senior public official from the PF administration to “cleansed out of the system”, Nshindano said his appointment was not a political one, saying he may have been appointed under the Edgar Lungu administration, but the commission was the one which hired and fired the chief electoral officer, including everybody down there.
“And I think even in our mutual separation we agreed that it’s in the best of the interest of the institution that we part ways and we are leaving on a very good note. And we are still available and I am sure whenever the commission, should they need me, including those that will come after me, if they need me for anything, be it consultation or clarification I am readily available,” said Nshindano.
