ECZ ban on PF regalia illegal – Church
By Mast Reporter
THE decision by the Electoral Commission of Zambia (ECZ) to ban the use of the Patriotic Front (PF) regalia in the Mfuwe parliamentary by-election campaigns is illegal and unconstitutional, the Christian Churches Monitoring Group (CCMG) has said.
CCMG was reacting to the ECZ’s ban on the use of PF regalia by the National Congress Party (NCP), a party under which the Tonse Alliance is fielding a candidate in the Mfuwe parliamentary by-election.
Programme director Peter Mwanang’ombe said the ECZ’s decision was a source of concern because it lacked any legal backing.
“The Christian Churches Monitoring Group, CCMG, expresses concern over the statement attributed to the Electoral Commission of Zambia, ECZ, to stop the New Congress Party, which is in an alliance with the Patriotic Front, PF, and other parties under the Tonse Alliance, from using PF regalia during the Mfuwe parliamentary by-election campaigns. This is not supported by any clear legal provision and is a misinterpretation of the Electoral Process Act,” Mwanang’ombe said.
He said it was important for Zambians and the ECZ, in particular, to know that there was no provision of the law that stopped alliances from using an agreed regalia.
Mwanang’ombe urged ECZ to familiarise itself with the law that governed elections in Zambia to avoid creating unnecessary conflict when it knew too well that alliances were permissible in Zambia.
“It is important to note that there is no provision in the Electoral Process Act that prohibits a political party, whether part of an alliance or not, from using regalia belonging to another party during campaigns. Section 2 of the Electoral Process Act defines campaign material to include manifestos, clothing and any items depicting symbols or pictorial images of a candidate,” Mwanang’ombe said.
“This definition clearly encompasses party regalia and does not place any restriction on who may wear it. Furthermore, Section 29 (3) of the Electoral Process Act deals specifically with the distribution of campaign material, while Section 29 (4) narrows its focus to candidates or political parties contesting the election,” he said.
There was no legal basis on which ECZ could block political parties in an alliance from using any regalia of a member party as a show of unity in a campaign for support.
“However, these sections still do not provide a legal basis for prohibiting the use of regalia by allied parties supporting a common candidate. Currently, political alliances are recognised, and it is common practice for alliance members to support one candidate. It follows, therefore, that members of such alliances have the right to wear their respective party regalia in support of that candidate, as a show of unity and political collaboration,” Mwanang’ombe said.
He said ECZ’s statement was misguided and lacked legal grounding and urged it to reconsider its position.
“CCMG urges the commission [ECZ] to reconsider its position and uphold the freedom of association and expression, and the spirit of democratic participation and alliance-building,” Mwanang’ombe said.
