ING PRESIDENT HICHILEMA FOR VARIOUS DEMOCRATIC RIGHTS VIOLATIONS

Registrar of Societies who refused to carry out unlawful changes to the leadership of the main opposition party – changes that were aimed at instigating factional divisions in the main opposition Patriotic Front party – was unceremoniously hounded out of office and replaced with a malleable official who has not only obeyed the illegal commands but also paved the way for the installation of a pliant leadership in the main opposition party.

Mr Mwimbu is also ultimately responsible for the police’s ongoing efforts to frustrate the registration of an umbrella alliance of opposition parties, namely the United Kwacha Alliance. Citizens have the right to associate with a political formation of their choice, and the job of the Ministry of Home Affairs is to enable the enjoyment of this right, not to undermine the freedom of association. Democracy is at great risk of collapsing when democratic rights like the freedom of association are restricted. And when people lose trust in the capacity of formal institutions to represent them, they are likely to resort to democratic means of expressing their discontent – and indeed of changing governments.

4. Speaker of the National Assembly Nellie Mutti

A known supporter of the ruling UPND, the Speaker of the National Assembly has been at the forefront of undermining democracy in parliament. Ms Nellie Mutti has presided over unconstitutional changes to the leadership of the official opposition in parliament (consequently trampling on the rule of law by overlooking matters that are before Court over the same issue), been quick to suspend opposition lawmakers at will, especially those who question her judgement, and has, on several occasions, curtailed opposition and independent MPs from debating freely in the House, especially on matters that relate to criticism of the Executive.

This demonstrated partiality by Speaker Mutti harms Zambia’s constitutional democracy in that it violates the principle of separation of powers and the right of parliament to scrutinise the activities of the Executive as part of promoting accountability. Multiparty democracy is strengthened when all three arms of government carry out their activities in a manner that enhances or promotes checks and balances. Ms Mutti has proved, time and time again, to be a mere appendage of the Executive, committed to advancing the interests of the ruling party rather than the greater cause of democracy. Her continued adverse actions risk undermining public trust in the capacity of parliament to truly be a people’s House and ultimately in the very integrity of the democratic system.

5. Chief Justice Mumba Malila

When Mr Mumba Malila was appointed Chief Justice, OCIDA was among the many Zambians and organisations that then and subsequently commended his appointment. Our hope that Mr Malila would provide leadership to this vital state institution, without whom democracy cannot flourish, was based on his impressive track record of defending fundamental freedoms and human rights not only in Zambia but also in international organisations where he had worked.

Unfortunately, in recent years, Chief Justice Malila has proved to be a great disappointment. Our faith in his leadership has since decreased considerably. Not only has he lamentably failed to provide effective leadership in ensuring speedy trial for politically sensitive cases, especially those whose outcome have a significant bearing on the state and direction of Zambia’s democracy; he has also, in an unprecedented move, deployed the Judiciary to intimidate and attack, through press statements, ordinary citizens who dare to criticise the institution’s performance under his watch. The capture of Zambia’s main opposition party by the executive branch of government has been enabled by the conduct of the judiciary under Mr Malila’s watch. Judges handling the matters have sat on them while the Chief Justice continues to criss-cross the world, giving speeches to unsuspecting audiences, some of them emphasising the importance of speedy trial and judicial independence.

Mr Malila’s proximity to President Hichilema – demonstrated in regular shared public spaces and the Chief Justice’s penchant of inviting the head of the Executive to address judicial meetings – has also raised public eyebrows about the extent of judicial independence under his watch. These fears have been aided by several instances where announcements that must come from the Judiciary are first made by the President. A clear example is how the President recently announced to the public a Statutory Instrument that was yet to be signed by the Chief Justice. How did the President know about it? The only hypothesis is that the President could have been the author.

6.

The Director of Public Prosecutions Gilbert Phiri

The Director of Public Prosecutions Gilbert Phiri is a former personal lawyer of President Hichilema. Any hopes that Mr Phiri would rise above these personal historic ties to conduct the affairs of his office in an impartial manner were extinguished long ago. Instead of defending public interest and the integrity of the legal system, Mr Phiri has been in the forefront of refusing to sanction the prosecution of government and ruling party officials whilst doing the opposite for members of the opposition. Not only has his conduct undermined the integrity of the legal system; it also represents a threat to the legitimacy of the multiparty political system. DPP Phiri has clearly shown that he is working with the President on many cases to undermine democracy and human rights.

7. Electoral Commission of Zambia Chairperson Mwangala Zaloumis

Ms Mwangala Zaloumis is another official with known ties to the ruling UPND. Appointed to the role by President Hichilema, she has since led the Electoral Commission of Zambia in disfranchising citizens by way of excluding candidates of the main opposition party from taking part in elections to the benefit of the UPND. Complaints from opposition parties about the abuse of state resources by government officials during by-elections have also been ignored by Ms Zaloumis. The multiparty system rests on having an independent electoral commission that enjoys public trust and is impartial in its conduct. The current leadership of the Electoral Commission of Zambia is far from these requisites and represents a danger to peace, stability, and the survival of democracy in the country.

We look forward to your action-oriented response.

Yours faithfully,

Emeritus Archbishop Telesphore G. Mpundu Chairman, OCIDA