By Suleman Chitera

The Law Association of Zambia (LAZ) has mounted a strong legal challenge against the Electoral Commission of Zambia (ECZ) decision to suspend the counting and announcement of election results across the country, warning that electoral violence in isolated areas should not be allowed to bring the entire democratic process to a standstill.

In a strongly worded statement dated August 14, 2026, LAZ President Arnold Kaluba acknowledged that the ECZ has a constitutional responsibility to administer and supervise elections and to safeguard electoral officials, voters, observers and election materials.

However, the Association said that constitutional responsibility does not give the Commission unlimited discretion to halt the electoral process nationwide.

LAZ argued that every decision taken by the ECZ must be grounded in the Constitution and the Electoral Process Act No. 35 of 2016 and must satisfy the principles of legality, necessity, rationality and proportionality.

The intervention comes amid reports of electoral violence in some parts of Zambia, including alleged attacks on polling officials and the theft of marked ballot papers.

While condemning the violence in the strongest terms, LAZ questioned whether incidents confined to particular districts provide sufficient legal and factual justification for stopping the counting and announcement of results even in areas where voting and counting have proceeded peacefully.

LAZ questions nationwide shutdown

At the centre of LAZ’s concerns is Section 67(3) of the Electoral Process Act, which allows procedures relating to the counting of votes to be suspended with the approval of the Commission.

According to LAZ, however, the provision cannot be read in isolation from the broader electoral framework.

The Association pointed out that the law generally requires the counting of votes to commence immediately after polling closes and to continue until the process is completed.

It therefore considers suspension an exceptional measure rather than an ordinary administrative option.

LAZ wants the ECZ to explain why a nationwide suspension was considered necessary when the reported disturbances occurred only in selected locations.

The Association has also questioned whether the Commission adequately considered less restrictive alternatives before taking the unprecedented step of suspending the process across the country.

Among the alternatives identified by LAZ are suspending counting only at affected polling stations or counting centres, increasing police protection, isolating affected constituencies or districts and allowing counting and processing of results to continue in areas that remain peaceful.

“The unlawful conduct of individuals in particular locations should not, without compelling legal and factual justification, prevent millions of voters in unaffected areas from having their votes counted and processed,” LAZ stated.

‘Violence must not become a veto’

Perhaps the strongest warning from LAZ is its concern that a nationwide suspension could create a dangerous precedent.

The Association argued that electoral violence must never become an effective mechanism for disrupting the democratic process.

If disturbances in a limited number of locations can trigger the suspension of election proceedings across an entire country, LAZ warned, individuals seeking to interfere with elections could potentially use violence as a tool to delay or derail the electoral process.

In effect, the Association is warning that a nationwide shutdown could unintentionally reward disruption rather than protect democracy.

“Violence occurring in particular areas should not, without compelling legal and factual justification, result in the suspension of the electoral process throughout the country,” LAZ said.

The legal body maintained that the rights of millions of voters in peaceful areas should not automatically be placed on hold because of unlawful conduct elsewhere.

LAZ condemns attacks and theft of ballots

Despite its criticism of the ECZ decision, LAZ made clear that it does not condone the violence that has been reported during the electoral process.

The Association condemned attacks on polling officials and the alleged theft of marked ballot papers, describing such incidents as serious threats to the integrity, credibility and legitimacy of the election.

It has therefore called on the Zambia Police Service and other law-enforcement agencies to immediately secure affected polling stations and counting centres.

The police, LAZ said, must protect electoral personnel and materials and conduct prompt investigations into reported cases of violence, intimidation and alleged interference with electoral materials.

The Association’s position is therefore not that security concerns should be ignored, but that they should be addressed through targeted and proportionate security measures rather than by unnecessarily paralysing the national electoral process.

Legal question over announcement of results

LAZ has also raised a separate legal concern over the ECZ’s decision to suspend not only counting but also the announcement of election results.

According to the Association, Section 67(3) of the Electoral Process Act specifically concerns procedures relating to the counting of votes.

LAZ noted that the law contains separate provisions governing the announcement and declaration of election results.

This distinction, it argues, raises questions about whether the legal provision relied upon by the ECZ actually provides sufficient authority for a nationwide suspension of the announcement of results.

The Association is therefore demanding greater clarity from the Commission regarding the precise statutory authority under which the broader suspension has been imposed.

Call for ECZ to reverse decision

LAZ has called on the ECZ to reconsider and rescind the nationwide suspension, particularly in areas where there have been no security incidents capable of compromising the electoral process.

It wants counting, collation and announcement of results to resume without unnecessary delay wherever it is safe and lawful to do so.

The Association has further demanded that the ECZ clearly communicate the legal and factual basis for any suspension that remains in force.

It also wants the Commission to provide timely and transparent information to the public so that voters, political parties, candidates and observers understand what is happening and why.

The call places additional pressure on the ECZ at a critical stage of the electoral process, when uncertainty over results can heighten political tension and public anxiety.

Appeal for calm

Despite its hard-hitting criticism, LAZ has urged political parties, candidates, their supporters and members of the public to remain calm.

The Association has called on all stakeholders to reject violence and allow the ECZ to perform its constitutional mandate independently and within the law.

The broader message from LAZ is that Zambia’s electoral process must be protected from both violence and arbitrary disruption.

For the Association, securing elections does not simply mean stopping the process whenever a security problem emerges. It means finding lawful, targeted and proportionate solutions that protect people and electoral materials while ensuring that eligible voters are not deprived of the timely counting and processing of their votes.

As the country awaits further action from the ECZ, the dispute has now moved beyond a question of election administration and into a wider constitutional and legal debate over the limits of electoral authority during a crisis.

The central question confronting the Commission is therefore increasingly clear: Can incidents of violence in selected areas legally justify putting the entire country’s electoral process on hold?

LAZ says ECZ must provide a compelling legal and factual answer—and until such justification is demonstrated, the Association believes the electoral process should continue wherever it can safely and lawfully proceed.