Rescind the nationwide suspension of counting and announcement of election results, Law Association of Zambia —LAZ asks ECZ

LAZ STATEMENT ON THE SUSPENSION OF THE COUNTING AND ANNOUNCEMENT OF ELECTION RESULTS BY THE ELECTORAL COMMISSION OF ZAMBIA The Law Association of Zambia (“LAZ”) has noted with serious concern the decision by the Electoral Commission of Zambia (“ECZ”) to suspend the counting and announcement of election results throughout the country following reported incidents of […]

LAZ STATEMENT ON THE SUSPENSION OF THE COUNTING AND
ANNOUNCEMENT OF ELECTION RESULTS BY THE ELECTORAL
COMMISSION OF ZAMBIA

The Law Association of Zambia (“LAZ”) has noted with serious concern the decision
by the Electoral Commission of Zambia (“ECZ”) to suspend the counting and
announcement of election results throughout the country following reported incidents
of violence in some districts.

LAZ recognises the constitutional mandate of ECZ to administer and supervise the
electoral process. LAZ also acknowledges ECZ’s responsibility to safeguard electoral
officials, voters, accredited observers and monitors, as well as ballot papers and other
electoral materials. However, the exercise of this mandate must, at all times, remain
within the confines of the Constitution of Zambia and the Electoral Process Act No. 35
of 2016, and must comply with the principles of legality, necessity, rationality and
proportionality.

Condemnation of electoral violence
LAZ unequivocally condemns all acts of electoral violence. Attacks on polling officials
and the reported theft of marked ballot papers constitute serious threats to the
integrity, credibility and orderly conduct of the electoral process.

LAZ calls upon the Zambia Police Service and other relevant law-enforcement
agencies to secure the affected polling stations and counting centres, protect electoral
personnel and materials, and promptly investigate the reported incidents. Any person
found responsible for electoral violence must be dealt with firmly, impartially and in
accordance with the law.

Legal basis for the suspension

ECZ has relied upon section 67(3) of the Electoral Process Act as the legal basis for
suspending the counting and announcement of election results. LAZ’s position is that
section 67 must be interpreted as a whole and not by considering subsection (3) in
isolation.

The statutory framework requires the counting of votes to commence immediately
after the close of polling and to continue until completion. Section 67(3) creates an exception by permitting procedures relating to the counting of votes to be suspended
with the approval of the Commission. Continuous counting is, therefore, the general
rule, while suspension is the exception.

Although ECZ has statutory authority to approve the suspension of counting
procedures, that authority is not unlimited. It must be exercised for a lawful purpose,
on reasonable grounds and only to the extent necessary to address the circumstances
giving rise to the suspension.

Nationwide suspension

The structure of section 67 appears to be principally concerned with the counting of
votes at individual polling stations, including the responsibilities of a presiding officer
where counting is suspended. ECZ’s statement indicates that the reported incidents
of violence occurred in some districts.

This raises an important legal and practical question as to whether disturbances in
particular districts provide sufficient justification for suspending the counting and
announcement of results throughout the entire country, including areas where voting
and counting have proceeded peacefully.

Even where a legitimate basis for suspension exists, the measure adopted must be
necessary and proportionate to the identified threat. ECZ should therefore clarify
whether less restrictive measures were considered, including:
1. suspending counting only at the affected polling stations or counting centres;
2. deploying enhanced police protection to affected areas;
3. isolating the affected constituencies or districts; and
4. permitting counting, collation and announcement of results to continue in
unaffected parts of the country.

The unlawful conduct of individuals in particular locations should not, without
compelling legal and factual justification, prevent millions of voters in unaffected
areas from having their votes counted and processed.

Violence must not become a veto over the electoral process
LAZ is particularly concerned about the precedent that may be created if violence in
isolated locations is allowed to bring the entire national electoral process to a halt.
Electoral violence must never become an effective veto over the democratic process.

Such an approach may inadvertently encourage disruption by creating an expectation
that violence in particular areas can suspend the electoral process throughout the
country. Wherever practicable, the appropriate response must be to contain theviolence, secure the affected areas and allow the lawful electoral process to continue elsewhere.

Counting and announcement of results
LAZ further notes that ECZ’s decision extends beyond the suspension of counting and
includes the suspension of the announcement of election results. Section 67(3)
specifically relates to procedures concerning the counting of votes, while the Electoral
Process Act separately regulates the announcement and declaration of results.

ECZ should, therefore, clarify the precise legal basis upon which section 67(3) has been
relied upon to suspend the announcement of results nationally, particularly in
electoral areas where counting has already been completed and the results verified.

Any suspension must be supported by clear and publicly communicated reasons and
must remain limited in both geographical and temporal scope. ECZ should provide
regular updates to the public and indicate the specific conditions that must be satisfied
before counting, collation and announcement of results resume.

Call by LAZ
In view of the foregoing, LAZ calls upon ECZ to:
1. reconsider and rescind the nationwide suspension of the counting and
announcement of election results, particularly in areas unaffected by violence;
2. resume counting, collation and announcement of results without unnecessary
delay wherever it is safe and lawful to do so;
3. clearly state the legal and factual basis for any suspension that remains in effect;
4. ensure that any continued suspension is strictly limited to the affected polling
stations, constituencies or districts and remains in place only for as long as is
reasonably necessary;
5. guarantee the safety and security of electoral officials, voters, accredited
observers and monitors, and electoral materials; and
6. continue providing timely, transparent and accurate information to the public
in order to maintain confidence in the electoral process.

LAZ urges all political parties, candidates, supporters and members of the public to
remain calm, reject violence and allow ECZ to discharge its constitutional mandate
within the law. All stakeholders must respect the independence of ECZ and the
jurisdiction of the courts.

Security concerns must be addressed firmly, but always within the Constitution and
the law. Violence occurring in particular areas should not, without compelling legal and factual justification, result in the suspension of the electoral process throughout
the country.

This press statement is issued pursuant to Section 4 of the Law Association of
Zambia Act, Chapter 31 of the Laws of Zambia.

Dated this 14th day of August, 2026
Signed: Arnold Kaluba – LAZ President