Why we need a public inquiry on the 2026 elections
THE 2026 elections were like no other. Some contend they were ‘arguably the most divisive, scandalous and controversial’ elections ever. Whether one agrees with this characterisation or not, we all seem to agree that the elections left us more divided and that we therefore urgently need reconciliation and national healing.
Consequently, last week I highlighted urgently needed governance reforms and referenced South Africa where even ‘sensitive’ security matters are openly interrogated through public inquiries. Given the mistrust and polarisation of our country, such governance reforms ought to be anchored on a transparent and consultative process and, the presidential petition having failed, the only reasonable alternative seems to be a public inquiry.
The reality is that, justifiably or not, probably half of Zambians remain aggrieved. On Sunday 6 September, for instance, Mast Newspaper carried a story that Kabwe residents wanted to protest, accusing the Electoral Commission of Zambia (ECZ) of having declared as Mayor and Member of Parliament for the three constituencies in Kabwe, candidates who were not elected. This allegedly happened after verification of results was disrupted by police and military officers and everyone chased away while opposition NRPUP candidates were leading widely with three quarters of the votes counted, only for ruling party candidates to be declared winners.
The goal of the inquiry, however, should not be to apportion blame but understand how we got here, improve the electoral process and avoid a repeat in future. Attempts were made with the Commission of Inquiry into Votting Patterns after the 2016 disputed elections but, not only were the recommendations never implemented, as the name suggests, the Commission inquired into voting patterns and not the electral process.
This election was unique, unprecedented and raised novel questions
To recap, for the first time in our country’s history, we had parliamentary candidates reportedly being enticed to leave the race and others going unopposed, individuals being blocked from filing nominations and presidential candidates being arrested just before and after nominations and some being disqualified due to erroneous records at Registrar of Societies.
We further had police stopping an opposition rally in Chipata purportedly on the instructions of the Electoral Commission but ECZ denying and, notwithstanding the said instruction, authorising a ruling party rally in Kitwe and relying on a nonexistent law to stop campaigns in Mazabuka. Opposition parties were also allegedly denied flight permits while ECZ remained indifferent.
We also had ECZ asking independents to stop using the candle light symbol after earlier suggesting it to them, coming up with a campaign schedule that excluded one candidate, suspending counting and announcing of results, police frustrating opposition rallies sanctioned by the campaign schedule and allegedly disrupting an opposition rally in Mongu. Further, election observers questioned variations between votes cast at parliamentary and presidential levels and between results announced at polling stations and at totaling centers.
There were also counter accusations on Form G20, allegations of swapped results, individuals storming polling stations and stealing ballot boxes and military personnel allegedly being deployed in polling stations and totaling centers. The nation equally witnessed jobs being offered at rallies, permanent secretaries being patently partisan, an unprecedented number of arrests of opposition figures and regrettably, the death of a senior member of the opposition and former Cabinet minister. Moreover, a foreign mining company was accused of interfering in our electoral process.
Then came the failure to file the presidential petition and the many parliamentary petitions. Earlier, there had been concerns regarding the handling by state authorities of PF leadership wrangles while the Registrar of Societies reportedly declined to register lawyer John Sangwa’s Movement for National Renewal (MNR) as a political party.
With all these allegations, it is difficult to see how the public can retain confidence in the electoral process if they are simply ignored. Elections are too important to just move on without establishing how we got here and where the truth lies.
Confidence in state institutions like ECZ is at its lowest and an inquiry will foster reconciliation and healing
Currently, all we have are allegations while authorities remain tight lipped. But as some have noted, silence breeds suspicion and suspicion leads to unresolved grievance. While true that the country has to move on, that however doesn’t mean, as most have equally observed, avoiding difficult conversations. Reconciliation and healing and consequently national unity require truth and justice.
A public inquiry would not only allow those hurting to ventilate their anger but would foster understanding of ECZ’s decision making process and thus restore confidence in the electoral body. Decisions such as allowing candidates who exited the race to remain on the ballot and the last minute guidance on how to mark ballots, brought unnecessary confusion. In its editorial of Monday 9 August on marking of ballots, Daily Nation Newspaper observed: ‘Zambia needs an electoral umpire that removes doubt, not one that manufactures it’. The paper further noted that the tick was effectively the kwenyu sign of the ruling party and that ‘public confidence in the electoral process [was] fragile..’
Patriots for Economic Progress (PeP) president Augustine Katotobwe, who could not contest the presidency on account of erroneous records at Registrar of Societies, added that ECZ was not credible and accused the Commission of listening to outsiders (Mast Newspaper, 10 August 2026). In response, Mast Newspaper stated in its editorial, ‘He [Katotobwe] is right to feel this way because of the manner in which ECZ has conducted itself in the preparations for this Thursday’s elections’.
Authorities like ECZ are constitutionally accountable to Zambians
The Constitution, further to article 1(3), is binding on state institutions while under article 5, sovereign authority vests in the Zambian people and may be exercised through state institutions. Thus, ECZ and other authorities exercise delegated authority from the people and are therefore accountable to them.
Further, state institutions are bound by national values which include morality and ethics, patriotism and national unity, democracy and constitutionalism, equality and non-discrimination and good governance and integrity enshrined under article 8 and which, further to article 9, should inform enactment and interpretation of laws and development and implementation of their policies.
Additionally, article 45(1)(a) requires citizens to freely exercise their political rights while under articles 45(2)(a),(b) and (c), the electoral process should be administered in a manner that is free and fair, free of corruption, accountable and transparent.
Likewise, ECZ and sister organisations are bound by values and principles binding on the public service. Articles 173(1)(a),(d),(e),(g) and (h) require them to maintain the highest standards of professional ethics and integrity, encourage people participation in their policy making, respond promptly and timely to people’s needs, be accountable for their acts and proactively provide the public with timely, accessible and accurate information.
Accordingly, the public is entitled to know whether state institutions like ECZ lived up to these constitutional obligations. Accountability, it must be said, is the hallmark of democracy.
Let’s restore confidence in our electoral process
Under the circumstances, doing nothing is not an option and a public inquiry seems to be the fitting response. Without credible elections, democracy becomes an illusion.
The author is a lawyer and a citizen who wants the best for our country.
For comments and feedback: chris.mapani@gmail.com
