Zambia shuts courts as Mundubile races to challenge Hichilema election victory

Zambian authorities shut major court premises in Lusaka and elsewhere on Monday as opposition leader Brian Mundubile faced a deadline to challenge President Hakainde Hichilema’s re-election, prompting concerns from lawyers over access to justice at a critical moment in the electoral process.

The High Court in Lusaka and the Supreme Court complex, which also houses the Constitutional Court, were among premises affected. Gates were closed and police were visible inside the Supreme Court grounds, while reports said lawyers attempting to approach some courts were turned away.

A memorandum from the judiciary’s chief administrator, seen by Reuters, told employees that “for security reasons, all members of staff are advised not to report for work today”. Police spokesman Godfrey Chilabi said security assessments were under way but did not provide further details.

Lawyers raise alarm over access to courts

The shutdown immediately drew concern from the Law Association of Zambia (LAZ), which said heavily armed military personnel had been deployed around court premises in Lusaka and some areas had been sealed with tape marked “Crime Scene”.

LAZ said there had been no formal public explanation setting out the reasons for the closures, their geographical extent, how long they would last or what alternative arrangements had been made for people needing urgent access to the courts.

The association warned that the shutdown had “immediate implications for access to justice”, particularly in urgent cases. It also highlighted the timing because Zambia’s Constitution provides a seven-day period in which a person may petition the Constitutional Court seeking to nullify the election of a president-elect.

LAZ called for court operations to be restored urgently or alternative arrangements established for urgent filings and deadlines.

Opposition figure Emmanuel Mwamba went further, alleging that the closure was intended to prevent Mundubile from lodging his presidential election petition. That allegation has not been established.

Mundubile seeks to overturn Hichilema victory

Mundubile announced last week that he intended to challenge the result of the 13 August presidential election, alleging irregularities.

Official results gave Hichilema about 60% of the vote against roughly 38% for Mundubile, securing the incumbent a second term. Hichilema has denied allegations of electoral fraud.

The deadline for a challenge falls seven days after the result was announced, expiring in the early hours of Tuesday, according to Reuters.

Mundubile has been staying at an undisclosed location following the arrest of several opposition figures. Police also summoned him for questioning last week over alleged national security threats, allegations he says are fabricated.

The post-election period has also been overshadowed by the death of former cabinet minister and opposition member Mutotwe Kafwaya during a security operation in Kabulonga, Lusaka, on 14 August.

Amnesty International said the full circumstances of Kafwaya’s shooting remained unclear and described his reported killing as “deeply alarming”. It called for a prompt, independent and impartial investigation.

EU observers flagged an uneven playing field

The dispute over the results follows concerns raised by the European Union Election Observation Mission over the environment surrounding the 13 August vote.

Its preliminary findings described the elections as competitive but said restrictions on campaigning and fundamental freedoms created an “uneven playing field”. The mission also found heavily biased coverage by state-owned media in favour of Hichilema and the ruling UPND.

EU observers said Mundubile received virtually no coverage on state television during their monitoring period and no direct speech on national television or radio, while Hichilema dominated direct-speech airtime. The mission said its final assessment would take account of the handling of post-election complaints and appeals.

Despite the political and legal dispute, preparations for Hichilema’s inauguration on 1 September are continuing.