High Court Upholds ECZ Ban On Political Rallies

The Ndola High Court has upheld a ban on political rallies enacted by the Electoral Commission of  Zambia, stating that the ban is legal and within the Commission’s constitutional mandate. 

It comes after United Party for National Development Secretary General Batuke Imenda sought a judicial review to overturn the ban on Tuesday, arguing that the ECZ’s decision was “capricious and without the authority of law”. He also wanted the Commission to prescribe the amount of airtime political parties would receive during the campaigning period, as well their coverage in print and online media. 

On Thursday, however, High Court Judge Mary Mulanda ruled that the Republican Constitution does indeed provide the ECZ with powers to “regulate the conduct of voters and candidates”, while the Electoral Code of Conduct instructs the Commission to ensure that a campaign meeting or rally is duly organised.

Judge Mulanda therefore ruled that the ECZ’s decision to ban rallies in light of a surge of Covid-19 cases was lawful as the country has been in a state of alert since March 2020. 

Nevertheless the court has granted Mr Imenda leave to apply for a further judicial review challenging the ECZ on their failure to prescribe the amount of airtime allocated to participating political parties. Judge Mulanda described this process as “highly necessary” to ensuring equal campaign opportunities in the run-up to elections on August 12th.

The ruling on campaign rallies marks something of a setback for the UPND who have been vocal in their condemnation of the ban since it was introduced last Thursday. They have been joined in their criticism by several civil society organisations, including Transparency International Zambia, who have called the ban “unacceptable”.

The ban came into effect following an announcement by President Edgar Lungu that parties should refrain from holding mass events. He issued the statement - apparently without irony - while addressing a huge crowd of Patriotic Front supporters in Lusaka. 

However the message does not seem to have cut through, even with the President’s own party. The following week, Communications Minister Dora Siliya was spotted hosting her own rally for PF supporters, despite the president’s warning. 

Instead of rallies, the ECZ has advised political parties to rely on alternative means of campaigning, including leafletting, internet advertising and broadcast campaigning. It is therefore vital that the Commission upholds its responsibility in ensuring that all parties have equal access to these forms of media and that the government is not unduly advantaged.