Observers Flag Legal and Political Risks Ahead of Zambia’s 2026 Elections

Zambia counts down to the August 13 general elections, international observers warn that rushed legal reforms and political tensions could test the country’s democratic maturity.

By Daily News Reporter 

LUSAKA — At a busy roadside market in Lusaka, conversations about prices, jobs, and daily survival are increasingly giving way to another pressing question: Will this year’s elections be free and fair?

With just over 100 days before Zambians head to the polls, a pre-election assessment by the National Democratic Institute (NDI) suggests that while the country’s democratic spirit remains strong, the systems meant to safeguard it may be under strain.

Following a high-level mission from April 25 to 30, the institute raised concerns that ongoing constitutional and electoral reforms—introduced barely months before voting day—could undermine transparency, voter understanding, and confidence in the process.

Key amendments to Zambia’s Electoral Process Act only began taking shape in late 2025, leaving little room for consultation, implementation, and voter education.

“Electoral reforms should ideally be completed at least a year before an election,” said Mohamed Ibn Chambas, who led the delegation. “Late changes risk confusion and erode public trust.”

For many voters, the concern is practical. New rules, unfamiliar systems, and unclear procedures could make it harder to understand how their vote translates into representation.

One of the most significant proposed changes is the introduction of a mixed-member proportional representation (MMPR) system—a hybrid model combining constituency-based elections with party-list representation.

While the reform has been welcomed as a step toward inclusivity, the NDI found that critical details remain unclear, including how seats will be allocated and how voters will engage with the new system.

More controversially, provisions requiring political parties to submit lists of proportional representation candidates after election results have been announced have drawn sharp criticism.

And according to Chambas, this limits transparency and denies voters the chance to evaluate candidates before casting their ballots.

It also raises operational concerns for the Electoral Commission of Zambia (ECZ), which must verify candidate eligibility under tighter timelines.

The creation of 70 new constituencies was intended to improve representation, but observers argue it may not fully address disparities in voting power. In some provinces, a single vote carries significantly more weight than one cast in Lusaka—raising questions about fairness in representation.

For a country marking over three decades of multiparty democracy, such imbalances highlight the unfinished business of electoral reform.

Opposition parties and civil society groups have cited difficulties in holding rallies, expressing dissent, and participating fully in the electoral process.

At the center of this tension is the Public Order Act (POA), a long-criticized piece of legislation governing public gatherings.

Observers say its inconsistent application has historically tilted the playing field, restricting some political actors while allowing others greater freedom.

A proposed Public Gathering Bill, introduced during the NDI mission, could address these concerns—but with elections fast approaching, its impact remains uncertain.

Gemima Barlow, the institute’s Regional Director for Southern and East Africa, noted that meaningful steps can still be taken to strengthen transparency and inclusivity.

These include improving access to voter information, ensuring equal enforcement of the law, and fostering dialogue among political stakeholders.

Meanwhile, Lilian Mahiri-Zaja, a member of the delegation, emphasized the importance of protecting fundamental freedoms.

“Political parties must be allowed to participate freely and fully,” she said, stressing that fair elections depend on freedom of expression, assembly, and equal treatment under the law.

The 2026 general elections are not just another political contest—they are a test of whether the country can consolidate the democratic gains made in recent years while navigating complex reforms.

For voters in Lusaka and beyond, the outcome will shape not only who governs, but how governance itself is defined.

“The credibility of elections ultimately lies in the hands of the people,” Mahiri-Zaja said. “But it depends on systems that are transparent, inclusive, and trusted.”

As the countdown to August 13 continues, Zambia finds itself in a race against time—balancing reform with readiness, and ambition with accountability.

The team included heavyweights: Commissioner Lilian B. Mahiri-Zaja, former Vice Chair of Kenya’s IEBC; Professor Christina Murray,  Professor Emeritus of Constitutional and Human Rights Law, University of Cape Town; Cynthia Mbamalu, Director of Programs, Yiaga Africa, Nigeria; Gemima Barlow, NDI Director for Southern and East Africa; and Richard L. Klein, NDI Director of Elections.