Post-poll injustice reports stir Commonwealth lawyers
By Adrian Mwanza
THE Commonwealth Lawyers Association (CLA) has said joined the list of international bodies that have raised concerns about alleged post-election injustices in Zambia.
It has described the situation in Zambia as serious which demanded urgent urgent action.
In a statement CLA president Steven Thiru said his organisation was concerned with the developments in a which raised serious issues concerning access to justice, judicial independence to and the safety of lawyers.
Thiru said CLA’s constitutional mandate was to promote the rule of law throughout the Commonwealth by ensuring that the people of the Commonwealth were served by an independent and efficient legal profession. “This statement addresses rule of law, access to justice and lawyer safety concerns, only it does not take a position on the merits of the election outcome or favour any political party,” he said.
Thiru said following the national election held on August 13, 2026, a number of serious events had been reported which, taken together, required urgent attention.
Thiru cited the deployment of the Zambia Army during the election, including military personnel taking control of tallying centres in Mufulira and the deployment of armed military vehicles in parts of Lusaka, serious incidents and procedural irregularities during the counting and tabulation and alleged breaches of ballot-box security.
These, he said, gave rise to concerns about the transparency and credibility of the electoral process.
He said the armed raid on August 14 on a property linked to the opposition presidential candidate, during which former Cabinet minister Mutotwe Kafwaya was fatally shot by law enforcement to the physical sealing and cordoning off of the Constitutional Court, Supreme Court and local courts by heavily armed police on August 24 , the last day for filing presidential
election petitions challenging the election outcome were all red flags.
“Reports that lawyers seeking to file election petitions have left Zambia because of concerns for their personal safety. Taken together, these developments raise serious concerns that the rule of law has been undermined,” Thiru said.
He said Zambia was a member of the Commonwealth and hosted the Commonwealth Law Conference in 2019.
It was therefore of profound concern if the Law Association of Zambia, its members or lawyers acting in election-related matters were unable to uphold the rule of law without fear of intimidation or harm.
“The CLA condemns any actions, by whomever committed, that undermine access to justice and calls for election petitions, where lawfully brought and permitted by the Constitution of Zambia, to receive full and independent judicial consideration,” Thiru said.
“The situation in Zambia is serious and requires urgent, lawful and proportionate action. The CLA calls for a prompt, independent and transparent investigation into the fatal shooting of Mutotwe Kafwaya, including the circumstances of the security operation and the delayed confirmation of his death; calls on the authorities to restore public confidence by affirming their respect for the rule of law and judicial independence, restoring effective access to the courts and establishing an independent enquiry to consider the closure of the courts and the removal of constitutional Judges,” he said.
Thiru said CLA stood ready together with other Commonwealth legal organisations, to support independent observation of election petitions and other Constitutional Court challenges, offers, in consultation with the Law Association of Zambia and other relevant national institutions.
