“Should we take it that the Judiciary & Executive are now working in concert on court closures”? – SC Chifumu Banda questions

State Counsel Chifumu Banda has raised serious […]

State Counsel Chifumu Banda has raised serious concerns about the functioning of Zambia’s democracy following the 2026 general elections and the subsequent closure of the courts on the last day that presidential election petition was expected to be filed.

In an interview with the Zambian Business Times – ZBT, State Counsel Banda questioned whether the judiciary and executive are now working in concert, following the Judiciary’s silence after the executive arm, through the police, blocked public access to the courts on Monday 24 August 2026, a day deemed to have been the last day that the opposition elections petitioners were expected to file their documents.

SC Banda pointed out that the responsibility for the closure lies with the executive, but also questioned the Judiciary for failing to inform citizens about alternative avenues for justice.

“The people who have blocked the courts are from the executive arm of government – the police. Therefore, the executive is responsible for closing the courts.

Now, the Executive is a different arm of government from the Judiciary. Now, the question that begs an answer is… After the Executive closed its doors to accessing justice. What did the Judiciary do to inform Zambians or citizens of where to take their complaints if they had any? This was not done. Should we take it that these two institutions, the executive and the judiciary, are acting in concert? I leave it at that.”

When the Executive and Judiciary act in concert, the branch that enforces laws (the Executive) and the branch that interprets laws (the Judiciary), [when they] cooperate with each other instead of operating independently,[ where is democracy?]

He further noted the negative impact of the court closure on Zambia’s democratic process, particularly as it coincided with the deadline for filing election petitions on the outcomes of the 2026 Presidential elections.

“It is a negation of access to justice. It is denying Zambians the right to access the courts,” he said, emphasizing that both participants and non-participants in the elections are affected.

He described the situation as a “total disgrace to the nation.”
Describing the situation as a “total disgrace to the nation,”

Banda SC called for a return to Zambia’s democratic principles and criticized the nation’s current trajectory. “This nation was known for democracy and everything that we achieved as a nation has been thrown in the trash bin,” he stated.

“They couldn’t go to court because they were not allowed in. The gates were closed and the police were there manning the gates. So even if one had a petition for argument’s sake, where would he have lodged the petition with the police?

Even now, today, they are still there. In short, this whole thing is a disgrace to the nation. Total disgrace to the nation. We can do better as a nation.”

He added that the court has a responsibility to explain the way forward to the Zambian people to get justice when the courts are closed. “Since the executive closed the courts, how will citizens now access the judiciary? When one arm of government appears to have more power over another, it raises serious concerns about checks and balances.”

State Counsel Banda further added that the Chief Justice and the Judges of the Constitutional Court must clarify what alternative arrangements, if any, have been made to ensure Zambians can still access justice.

“These questions need answers, especially since innocent people who sought justice were turned away at the gates of the High Court by police from the executive arm. This situation is unhealthy for Zambia’s democracy and that is not healthy for this democracy. It is not healthy. We can do better as a nation.”

On the announcement of the inauguration ceremony set for next Tuesday, State Counsel Banda declined to comment on its legality but reiterated his dismay at the overall handling of the elections and post-election processes.

Addressing media reports about his involvement in the preparing petitions for the opposition, Banda categorically denied any such role, declaring, “ I’m representing nobody.”

Banda, however, urged the country to recommit to democratic values and peaceful coexistence. “This country can do better to uphold democratic ethos. We have been known to be a good, peace-loving country, known for holding peaceful elections.”