By Bernard Mwila
Transparency International Zambia (TI-Z) says the courts must be opened immediately in order to allow the aggrieved parties their constitutional right to file the petition against President Hakainde Hichilema.
And Tonse-Pamodzi Alliance member Muhabi Lungu says the country is headed toward dictatorship, if it is not under one already.
In a media release today, TI-Z executive director Maurice Nyambe said the state should be encouraging aggrieved political parties to seek judicial redress than creating circumstances in which access to courts become uncertain and problematic.
Nyambe said that effectively closing the courts on Monday on vaguely and ambiguously stressed ground of “security concerns” constituted an acceptable obstruction of justice.
“ It is already on public record that an aggrieved presidential candidate has declared his intention to challenge the presidential election results in line with his constitutional right. In this respect, it is extremely troubling that an administrative decision that will serve as a stumbling block to the commencement of that intended action appears to have been made with no regard for the harm that will be occasioned on that time of heightened political tension, “ Nyambe stated. “The State should be encouraging aggrieved political actors to seek judicial redress rather than creating circumstances in which access to the courts becomes uncertain and problematic. The decision to effectively close the courts today, on a very vaguely and ambiguously stated ground of ‘security concerns’ constitutes an unacceptable obstruction of access to justice and has the potential to undermine the integrity of Zambia’s democratic institutions in general and the Judiciary in particular.”
Nyambe bemoaned the timing of the decision by the Judiciary to stop all the staff from reporting for work.
He said that TI-Z was troubled by the decision of the Judiciary to take the day off on the last day on which to challenge the presidential election results.
“Transparency International Zambia (TI-Z) has noted with concern an unsigned Memorandum issued by the Judiciary’s Chief Administrator and addressed to all members of staff directing them not to report for work today ‘for security reasons’, stating that further guidance will be issued once the situation is contained. While the Memorandum is unsigned, a check at the superior courts premises has confirmed that the premises have been sealed by security forces and no one is being allowed entry,” Nyambe stated. “While TI-Z recognises the responsibility of the Judiciary to safeguard judicial officers, staff, litigants and court premises where genuine security threats exist, we are troubled by the timing of this decision, falling as it does, during the post-election period and on the last day of the constitutional window for commencing proceedings to challenge the presidential election results.”
Nyambe continued: “It is already on public record that an aggrieved presidential candidate has declared his intention to challenge the presidential election results in line with his constitutional right. In this respect, it is extremely troubling that an administrative decision that will serve as a stumbling block to the commencement of that intended action appears to have been made with no regard for the harm that will be occasioned on that time of heightened political tension.”
Nyambe called on the Judiciary to immediately reopen the courts, stressing that Zambia did not need fewer avenues for resolving political disputes.
”TI-Z therefore calls for the immediate reopening of the courts, subject to necessary security arrangements, or, where physical reopening is genuinely impossible, the immediate establishment and public communication of alternative mechanisms through which commencement of actions can still be done,” said Nyambe. “At this stage of the electoral process, Zambia does not need fewer avenues for resolving political disputes. It needs stronger, accessible and trusted institutions through which those disputes can be peacefully resolved. TI-Z therefore urges the Judiciary to act with the urgency demanded by this moment.”
And speaking with Daily Revelation on Monday, Lungu said he did not believe the state for saying that the opposition was planning to overthrow the government using “militias.”
He added that the opposition could not be labeled as terrorists, when they were in political competition with the UPND.
“I do not believe the story of the state of me personally. And if they want to arrest me for saying that it will be a shame … I do not believe the story of the state. And this is not correct that opposition leaders can be itemised and labeled as terrorists, When they were competitors in what was supposed to be an open election,” Lungu said. “So, l ask the question again, has the constitution been suspended? This is the black mamba two. And l urge the system to take people to court expeditiously and give them a fair trial. Invite international jurisprudence officials and let us see whether this will stand up by what is supposed to be in a democracy. If it doesn’t, then it is confirming what you are saying. This country is heading toward dictatorship. But, perhaps it has already become one.”
Lungu said what was happening could best be described as ‘black mamba, part two.’
The black mamba term was given to opposition leaders who were arrested by the government of second Republican President Fredrick Chiluba over the treason charges they faced.
He said the state then created a narrative that the opposition leaders led by former president Kenneth Kaunda were plotting to remove the government by force.
He said the same narrative was being pushed by the state in 2026.
“The state created a narrative that we were trying to plot against the government. There were some bombs planted elsewhere. Eventually one bomb exploded at the airport and then they charged us with murder. Our lawyer, one of our lawyers was Mrs (Mwangala) Zaloumis and Nelly Mutti. They created such an atmosphere of fear, saying that there were insurrectionists etc. When the Court’s trial started, under Judge Chitengi, five months later, we were just five months in jail and we were acquitted completely,” Lungu said. “Because the evidence we presented there clearly shows that there was fabrication. The state was unprepared. They were telling stories and so on. And this happened just as we were heading toward the 1996 elections in which the state wanted to bar Kaunda and create the impression that we were insurrectionists.”
