By NDUBI MVULA –
ON July 9, 2016, the Electoral Commission of Zambia (ECZ) announced the suspension of campaigns in Lusaka and Namwala districts because of political violence that is generating into injury, loss of life and damage to property.
Some people and organisations welcomed the development while others thought more action could be taken especially that the culprits involved in the act were known.
Moreover, the suspension of election campaigns is not being instituted for the first time but has been done before in 2013 when the then ECZ Chairperson Justice Ireen Mambilima called off the campaigns in Livingstone.
In that instance, no political party campaigns in form of public rallies, meetings and door-to-door campaigns between February 28 and March 14, 2013 were conducted.
ECZ postponed the Livingstone parliamentary by-election which had been scheduled for February 28, following violence that had trailed the campaigns.
The violence resulted in the death of Harrison Chanda, a PF party member.
However, Foundation for Democratic Process (FODEP) executive director Chimfwembe Mwenge said banning campaigns in Lusaka was long overdue because the violence was in contrast with the electoral code of conduct.
“We welcome the suspension of political campaigns in Lusaka and Namwala districts because of unprecedented levels of violence and intolerance among political players especially between the two major political parties, the Patriotic Front (PF) and the United Party for National Development (UPND),” he said.
Mr Mwenge was optimistic that the suspension would help restore order, peace and unity during the remaining days before the elections.
He believes that it was within the powers of the ECZ to effect the ban although some political commentators were of the view that the commission was wrong.
Section 28(2) of the Electoral Process Act No 35 of 2016 empowers the ECZ to suspend campaigns.
Mr Mwenge said ECZ should have punished the parties involved in violence unlike a blanket ban.
Against this background, Mr Mwenge called for the speedy finalisation of the Statutory Instrument (SI) that would seek to disqualify of political parties or candidates that are abrogating the electoral laws from participating in elections.
On the other hand, Mr Mwenge advised the UPND against the confrontation approach that endangers the lives of its members.
The fracas with the police would have been avoided had the UPND not taken to an illegal procession and started fighting with the police,” he said.
He said it is important for political parties to act within the provisions of relevant laws such as the Public Order Act and the Electoral Process Act to avoid conflicts during political campaigns that are taking place across the country.
Mr Mwenge said peace, unity and reconciliation during this period of campaigning is vital for the holding of the general elections that should not only be free and fair on August 11, 2016, but also participatory, legitimate, transparent and credible.
However, Section 28(2) of the Electoral Process Act stipulates that the commission may amend the election timetable by notice in the Gazette if: (a) it considers it necessary for a free and fair election; or, (b) the polling day is postponed under Section 56.
Under Section 56 (1) if it is not possible to conduct a free and fair election at a polling station on a prescribed polling day, the commission may, at any time before voting at the polling station has commenced, postpone voting at that polling station.
While in subsection (2) it states that a postponement under subsection (1) shall be: (a) effected in the prescribed manner; (b) to a day that would fall within the period referred to in Section 28; and (c) publicised in the media so as to ensure wide publicity of the postponement of the polling day at the polling station.
And furthermore, Section 57 states that the commission may postpone the polling day of a by-election if it is satisfied that: (a) the postponement is necessary for ensuring a free and fair election; and (b) the polling day for the election shall fall within the period required by the constitution.
Despite this legal explanation and the violent incidents that led to the move by the ECZ, UPND deputy spokesperson Cornelius Mweetwa said it is unfortunate that ECZ has decided to suspend campaigns in the two districts.
Mr Mweetwa said the commission should have engaged the police to apply fairly the Public Order Act which has become the source of political violence.
But Forum for Democracy and Development spokesperson Antonio Mwanza argues that the decision by the ECZ to suspend election campaigns in Lusaka and Namwala is illegal and totally unacceptable.
He says the law clearly stipulates that individual candidates or parties that abrogate the Electoral Code of Conduct by engaging in electoral fraud, such as political violence, must be penalised.
“Therefore, it is wrong for ECZ to sanction us, the victims of violence, by putting a blanket suspension on campaigns.
“Instead of inconveniencing innocent candidates or parties, ECZ must sanction the individual candidates or parties that are engaging themselves in electoral violence. You cannot punish innocent people for the wrongs of others. This is a grave miscarriage of justice,” he said.
He argues that Article 28(2) of the Electoral Process Act No 35 of 2016 which ECZ has cited as a legal basis for suspending campaigns in Lusaka and Namwala does not give ECZ any powers to suspend political campaigns.
“So what ECZ has done is illegal and we as FDD will seek legal redress,” Mr Mwanza declared.
Zambians living in South Africa have called for peace, love and commitment to unity with all the leaders of different political parties.
“As Zambians, we are a peace loving people and let us not allow politics to destroy our history, our culture, our heritage and what our forefathers fought for during the liberation struggle,” Zambia Association in South president Africa Ferdinand Simaanya said.
Mr Simaanya said Zambians should uphold the obligation of being good stewards of God’s creation.
“We call for all political parties in Zambia to act with humility and generosity. We pray that all the political parties’ failings can be forgiven,” he said.
In exercise of its powers under Section 28(2) of the Electoral Process Act No 35 of 2016, the Commission suspended campaigns in Lusaka and Namwala Districts.
ECZ public relations manager Crispin Akufuna announced in a media statement.
During the suspension, there shall be no public rallies, meetings, processions or door to door campaigns and that all branded campaign motor vehicles in Lusaka and Namwala districts are to be parked and should not be used for any purpose.
The campaigns shall be restricted to electronic and print media publicly, and hate speech would not be entertained.
The commission urged the Zambia Police to ensure that political parties and candidates comply with this directive.
The commission warned political parties in Mazabuka, Monze and Gwembe districts against violence failure to which they stand to be punished.
However, peace, love and commitment to unity is what every Zambian is looking up to before, during and after the elections.