Court premises across Zambia, including the High Court and Supreme Court in the capital Lusaka, were sealed off by armed police on Monday, the final day for filing a petition against the disputed presidential election result. Lawyers who arrived at the courts were turned away by armed men, in a move that has raised serious questions about judicial independence and the rule of law in the southern African nation.
Petition Window Expires Monday
Under Article 105 of Zambia’s Constitution, a challenge to a presidential election result must be lodged within seven days of the declaration. President Hakainde Hichilema was declared winner on August 16 with 2,965,326 votes, or 60.49 percent, against opposition candidate Brian Mundubile’s 1,856,217 votes, or 37.87 percent. Monday marked the last day Mundubile could file his petition, and court closures in Lusaka, Ndola, Chipata, and Livingstone effectively blocked any attempt to do so.
One lawyer told the BBC that three armed men approached his vehicle, identified themselves, and instructed him to leave the area. Local media cited a judiciary administrative official’s memo telling all staff not to report to work following the closure of courts for “security reasons,” though no further details of the alleged threat were provided.
Opposition in Hiding
Mundubile, who contested under the National Reconciliation Party for Unity and Prosperity banner backed by the Tonse-Pamodzi Alliance, has been in hiding over alleged threats against him. His campaign says he is under the protection of an “international human rights body.” The post-election period has been marked by controversy, including the shooting death of an opposition figure and the arrest of several others.
The Law Association of Zambia (LAZ) expressed deep concern over the closures and the presence of heavily armed military personnel around court premises. “The closure of the courts has immediate implications for access to justice, particularly for persons requiring urgent judicial intervention,” the association said, calling the timing “particularly significant in the present electoral context.”
Alliance Fractures as Inauguration Nears
The political picture has been complicated further by fractures within the opposition coalition. The NRPUP Secretary General announced on Sunday that the party was withdrawing from the Tonse Alliance, while NRPUP president Ezra Tembo separately conceded the presidential election outcome and called on Zambians to give Hichilema space to govern. Resolute Party president Martin Phiri and Tonse Alliance Secretary General Chris Zumani Zimba have also distanced themselves from pursuing a legal challenge.
Opposition-linked statements circulating online have accused Chief Justice Mumba Malila and judiciary administrators of deliberately closing the courts to prevent Mundubile from filing his petition, while others have accused President Hichilema of directing the closure. Government has yet to issue a detailed statement addressing the court closures.
Despite the turmoil, preparations for Hichilema’s inauguration on September 1 appear to be continuing. The dispute has drawn international attention to Zambia’s democratic institutions, with rights groups and the Law Association calling for independent investigations into both the election irregularities alleged by the opposition and the unprecedented closure of the courts.
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