ECZ BOSSES RISK JAIL
…Politically connected officials lack credibility to manage 2026 polls – Sensio
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ECZ officials, particularly chairperson Mwangala Zaloumis and commissioner McDonald Chipenzi, may have compromised the commission’s independence through partisan ties to the UPND.
By Mast Reporter
YOU will be jailed for electoral misconduct after your political party has lost power, political analyst and commentator Sensio Banda has warned ‘compromised’ Electoral Commission of Zambia (ECZ) officials.
Banda, a former Kasenengwa Patriotic Front (PF) member of Parliament, questioned the credibility of ECZ chairperson Mwangala Zaloumis and commissioner McDonald Chipenzi to run the 2026 general elections.
In an interview with The Mast yesterday, Banda said ECZ officials risked being sent to prison for electoral misconduct.
He reminded ECZ officials engaged in electoral malpractices in favour of the political party they were affiliated to that justice might only be delayed but not denied.
“Central to the controversy are allegations that senior ECZ officials, particularly chairperson Mwangala Zaloumis and commissioner McDonald Chipenzi, may have compromised the commission’s independence through partisan ties to the ruling United Party for National Development (UPND),” Banda said.
He said in Zambia’s evolving democratic landscape, the credibility of the ECZ was facing serious legal and political scrutiny ahead of the 2026 general elections.
“Their prior affiliations, Zaloumis having been President Hakainde Hichilema’s legal counsel and Chipenzi a former UPND [parliamentary election] aspirant, raise legitimate questions about their ability to run the 2026 general elections impartially,” Banda said.
He said while political leanings alone were not unlawful, multiple allegations now suggested that the ECZ leadership might have crossed legal boundaries in the execution of their duties.
Banda said if proven in a court of law, those actions could carry criminal liability, including removal from office or imprisonment under Zambian electoral law.
“One of the most glaring violations involved the 2022 Kwacha and Kabushi by-elections, where ECZ went ahead with voting despite a valid court order staying the process,” he said.
Banda said that action alone contravened the constitutional duty of public institutions to uphold judicial rulings, exposing the ECZ to legal challenges and undermining its credibility.
“Further, under Article 52(6) of the Zambian Constitution, the ECZ is required to cancel and reopen nominations when a candidate withdraws after nomination. The commission’s failure to do so in the same by-elections arguably violated constitutional rights and electoral fairness. Such failures are more than administrative oversights; they carry the potential for judicial review and sanction,” Banda warned.
He said the Kawambwa Constituency by-elections had raised serious controversies which had been well documented and might trigger legal action in future.
“In the 2024 Kawambwa by-election, observers, including Transparency International Zambia, documented instances of vote buying, where voters were reportedly given cash, food and transport linked to ruling party interests,” Banda said.
He said the actions fall squarely under Sections 79 to 93 of the Electoral Process Act No. 35 of 2016, which criminalised bribery and undue influence during elections.
Banda said If ECZ officials were complicit or negligent in addressing these offences, they could face criminal prosecution as individuals in future.
“Other reported issues include voter register mismanagement, where ECZ failed to maintain continuous registration as required by Sections 7, 10, 13 and 14 of the Electoral Process Act,” he said.
Banda said allegations also surfaced regarding an unlawful Elections Advisory Body (EAB) allegedly established without legal authority.
“Zambia’s legal system provides clear avenues for redress. Under Section 93 of the Electoral Process Act, courts are empowered to nullify election results where illegal practices occur. In past cases such as Kalenge v Munshya, courts have enforced this provision,” he said.
Banda said should evidence emerge that ECZ officials had enabled or ignored illegalities, they could be held accountable not just administratively but criminally.
He reminded ECZ officials that it was important to emphasise that legal accountability transcended political allegiance.
Banda said commissioners are bound by the Constitution to act with integrity, fairness and respect for the rule of law.
“Immunity derived from political proximity cannot substitute lawful conduct. If court proceedings confirm any of the ongoing allegations, imprisonment and disqualification from holding public office are lawful penalties,” he said.
Banda said persistent allegations of unlawful conduct could not be ignored without weakening democratic institutions.
He said ECZ commissioners who had violated the law, whether through direct action or passive complicity, might escape consequences today, but Zambia’s legal framework ensures they cannot escape accountability forever.
At an appropriate time they would be held accountable through the justice system.
“Upholding the rule of law in electoral management is not just a legal obligation; it is a democratic necessity,” Banda said.
