Zambia to test new electoral law as five vie for presidency

by Patson Phiri – SANF 06 No 64
Zambia is cruising towards the fourth multi-party elections since independence in 1964 with a major test centred on meeting the new electoral law and the 2003 SADC electoral standards and guidelines.

Four opposition leaders have successfully filed their nominations to challenge President Levy Mwanawasa in the male-dominated presidential elections set for 28 September.

Patriotic Front leader Michael Sata, United Democratic Alliance president Hikainde Hichilema, former republican vice-president Brigadier-General Godfrey Miyanda and a lawyer, Ken Ngondo filed nominations for presidency.

Chief Justice Ernest Sakala declared the five nominations, including that of President Mwanawasa, as valid.

The new electoral act has been promulgated as a first step towards reducing the tension that has dominated the previous post-election periods.

The Act seeks to ban the use of public funds for political campaigns and puts in place measures to level the playing field by forbidding unbalanced election coverage by the public media, among others.

It also stops candidates and their agents from giving gifts to would-be voters before and during the elections.

The media has also been stopped from predicting and announcing election results before the Electoral Commission of Zambia makes an official announcement.

The law comes against a background of rejection of the 2001 presidential elections by some local and international election observer missions.

Election monitors rejected the conduct of the 2001 polls as unfair and accused government of using public resources for campaigns.

The new law was tested when Mwanawasa rejected a budget of K15 billion (US$4 million) from the ruling party’s campaign team ahead of the elections. Mwanawasa said huge amounts of money for the elections would encourage vote-buying.

The country is banking on the newly introduced changes to the law to inject confidence in the voters ahead of the elections.

Zambia’s new electoral measures have generally been well received by the opposition and civil society but others feel they do not meet all the necessary ingredients in ensuring acceptable elections.

“We shall still see violations of the people’s right to assemble, right to associate, right to speech and, ultimately, the right to choice because of the public order act,” said Lee Habasonda, executive director of the Lusaka-based regional human rights watchdog, Southern African Centre for the Constructive Resolution of Disputes.

The public order act provides that political parties wishing to carry out demonstrations and conduct public rallies should notify the police seven days before the procession.

The permit is granted at the discretion of the police Inspector-General, which has raised objections from the civil society.

The main source of the objection has been that the Inspector-General of Police is appointed by the President cannot impartially represent the aspirations of the opposition.

The ECZ has introduced new voters’ cards and transparent ballot boxes, as recommended in the SADC electoral standards and guidelines approved by the Summit of the Heads of State and Government in Mauritius in 2003.

The non-binding guidelines also provide that a country preparing for elections should invite a SADC observer mission in line with the provisions of the Protocol on Politics, Defence and Security Cooperation.

Calling for the full participation of citizens in the political process, freedom of association, political tolerance the guidelines also centre on the conduct of democratic elections at regular intervals, as provided by the respective national constitutions.

There are provisions for all political parties to access the state media, the right to vote and to be voted for, guaranteed independence of the judiciary, and impartiality of the electoral institutions.

Mwanawasa narrowly won the 2001 presidential election after amassing 29 percent of the vote while his closest rival, the late Anderson Mazoka got 27 percent.

Opposition leaders have used President Mwanawasa’s health as a campaign tool, following the stroke he suffered in April. Mwanawasa says his rivals want to distract attention from his economic achievements.

After years of liberalisation, Zambia’s economy grew by five percent in 2005 while inflation dived in 2006 to 9.4 percent, the lowest in several decades.

The President is the chief of state and head of government. Zambia’s legislative system is the unicameral National Assembly.

Campaigns started on 29 July and will continue until a day before the elections.