LAZ urges caution as Zambia moves to adopt new electoral system

LAZ urges caution as Zambia moves to adopt new electoral system

The Law Association of Zambia has urged Parliament to demand a clear implementation roadmap from the Electoral Commission of Zambia before enacting the Electoral Process Bill.

The Law Association of Zambia (LAZ) has cautioned lawmakers against rushing the enactment of the Electoral Process Bill without a publicly articulated implementation plan from the Electoral Commission of Zambia (ECZ), warning that the proposed reforms carry significant constitutional and operational risks.

Presenting submissions before the Select Committee scrutinising the Bill, LAZ Council Member Mehluli Batakathi said while the Association supports the constitutional intent of the legislation, several provisions remain “constitutionally vulnerable” and technically weak.

Batakathi noted that Zambia is on course to implement a mixed-member proportional representation system for the first time, a shift he described as high-stakes with little room for error.

“Our position is one of constructive support,” he said. “However, several provisions as currently drafted are constitutionally vulnerable, technically deficient, and carry the real risk of destabilising the very electoral architecture they are intended to build.”

He stressed that Parliament must act as a “guardrail” by correcting identified weaknesses at committee stage rather than leaving them to post-election litigation.

LAZ also raised concern about the timing of the reforms, noting that the Bill is being considered just months before the August 2026 general elections. The Association referenced international best practice, including guidance from the Venice Commission, which discourages major changes to electoral laws less than a year before an election.

Batakathi warned that the compressed timeline risks leaving political parties, election administrators and voters inadequately prepared for the new system.

“Parliament should require the Electoral Commission of Zambia to develop and publicly articulate a comprehensive implementation plan before the Bill is enacted,” he said.

Despite its concerns, LAZ acknowledged several progressive elements in the Bill. These include the introduction of reserved seats—20 for women, 15 for youths and five for persons with disabilities—which the Association described as long overdue given historical underrepresentation.

The Bill also proposes gender-balanced party lists using a “zebra” alternation system, as well as reforms requiring broader publication of electoral materials beyond the Government Gazette. LAZ further commended provisions mandating voter education, noting that such measures are essential given the complexity of the new electoral framework.

However, the Association strongly criticised provisions requiring adoption certificates for candidates, arguing that they rely on the Societies Act, which lacks clear standards for internal party governance.

Batakathi warned that the requirement could undermine constitutional rights by making candidate eligibility dependent on administrative records without adequate democratic safeguards.

Meanwhile, submissions from the Non-Governmental Gender Organisations’ Coordinating Council (NGOCC) described the Bill as a significant step forward for gender equality, while cautioning that gaps remain.

NGOCC Executive Director Anne Anamela said the Bill’s provisions on proportional representation mark a historic opportunity to improve inclusion, but warned that weak enforcement mechanisms and structural ambiguities could undermine its objectives.

She cited concerns over the absence of mandatory alternation rules across all party lists, broad recall powers vested in political parties, and the gatekeeping role of adoption certificates.

Anamela added that while the proposed reforms could significantly advance gender parity, their success would depend heavily on implementation capacity and complementary regulations that are not yet clearly defined.

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