The Law Association of Zambia (LAZ) has raised serious legal concerns over the Electoral Commission of Zambia’s (ECZ) decision to suspend the nationwide counting and announcement of election results, warning that the measure must not be allowed to extend beyond what the law permits.
In a statement dated 14 August 2026 and signed by its President, Arnold Kaluba, LAZ said it had noted “with serious concern” the ECZ’s decision to halt counting and the announcement of results throughout the country following reports of violence in some districts, including attacks on polling officials and the theft of marked ballot papers. The suspension, announced by ECZ chairperson Mwangala Zaloumis, came as opposition alliance leader Brian Mundubile claimed victory based on parallel vote tabulation figures and President Hakainde Hichilema described early results as encouraging.
LAZ condemns the violence, but questions the scope of the response
LAZ was unambiguous in condemning the disorder itself. Attacks on polling officials and the theft of marked ballot papers, it said, constitute serious threats to the integrity, credibility and orderly conduct of the electoral process. The Association called on the Zambia Police Service and other law enforcement agencies to secure affected polling stations and counting centres, protect electoral personnel and materials, and investigate the reported incidents promptly, adding that anyone found responsible must be dealt with firmly, impartially and in accordance with the law.
Where LAZ parts ways with ECZ is on the breadth of the remedy. The Association acknowledges ECZ’s constitutional mandate to administer and supervise the electoral process and its duty to safeguard officials, voters, observers and materials. But it insists that mandate must be exercised within the confines of the Constitution and the Electoral Process Act No. 35 of 2016, and in line with the principles of legality, necessity, rationality and proportionality.
The legal question: what does Section 67(3) actually allow?
ECZ has relied on Section 67(3) of the Electoral Process Act as its legal basis for the suspension. LAZ’s position is that the subsection cannot be read in isolation from the rest of Section 67. As the Association reads the statutory framework, counting is required to commence immediately after the close of polling and continue until completion, with Section 67(3) creating a narrow exception that allows counting procedures to be suspended with the Commission’s approval. Continuous counting, in other words, is the general rule, and suspension is meant to be the exception.
LAZ does not dispute that ECZ has the statutory authority to approve a suspension. It argues, however, that the authority is not unlimited: it must be exercised for a lawful purpose, on reasonable grounds, and only to the extent necessary to address the circumstances that gave rise to it in the first place.
Why a nationwide halt, when the violence was in “some districts”?
The sharpest part of LAZ’s statement concerns scale. ECZ’s own statement referred to violence in some districts, yet the suspension applies to counting and the announcement of results across the entire country, including areas where voting and counting proceeded peacefully. LAZ argues that Section 67 appears to be structured around counting at individual polling stations, and questions whether disturbances confined to particular districts can justify a nationwide halt.
Even where a legitimate basis for suspension exists, LAZ said, the measure adopted must still be necessary and proportionate to the threat identified. It called on ECZ to clarify whether less restrictive alternatives were considered, including:
- suspending counting only at the affected polling stations or counting centres;
- deploying enhanced police protection to affected areas;
- isolating the affected constituencies or districts; and
- permitting counting, collation and announcement of results to continue in unaffected parts of the country.
The unlawful conduct of individuals in particular locations, LAZ argued, should not, without compelling legal and factual justification, prevent millions of voters in unaffected areas from having their votes counted and processed.
“Violence must not become a veto over the electoral process”
LAZ said it was particularly concerned about the precedent a nationwide suspension could set. If violence in isolated locations is allowed to bring the entire national electoral process to a halt, the Association warned, that risks turning electoral violence into an effective veto over the democratic process, and could inadvertently encourage further disruption by creating an expectation that unrest in one area can suspend the count everywhere. Wherever practicable, LAZ said, the appropriate response is to contain the violence, secure the affected areas, and allow the lawful electoral process to continue elsewhere.
Counting is not the same as announcing results
LAZ also drew a distinction that ECZ’s statement did not: the suspension covers not just the counting of votes but also the announcement of results, and the two are governed differently. Section 67(3), LAZ noted, specifically relates to procedures for counting votes, while the announcement and declaration of results is separately regulated elsewhere in the Electoral Process Act. LAZ has asked ECZ to clarify the precise legal basis for suspending the announcement of results nationally, particularly in areas where counting has already been completed and verified.
Any suspension, the Association said, must be supported by clear and publicly communicated reasons and must remain limited in both geographical and temporal scope, with ECZ providing regular updates and specifying the conditions that must be met before counting, collation and announcement resume.
LAZ’s six-point call to ECZ
LAZ called on ECZ to:
- reconsider and rescind the nationwide suspension of counting and the announcement of election results, particularly in areas unaffected by violence;
- resume counting, collation and announcement of results without unnecessary delay wherever it is safe and lawful to do so;
- clearly state the legal and factual basis for any suspension that remains in effect;
- ensure any continued suspension is strictly limited to the affected polling stations, constituencies or districts and remains in place only for as long as reasonably necessary;
- guarantee the safety and security of electoral officials, voters, accredited observers and monitors, and electoral materials; and
- continue providing timely, transparent and accurate information to the public to maintain confidence in the electoral process.
LAZ urged political parties, candidates, supporters and members of the public to remain calm, reject violence and allow ECZ to discharge its constitutional mandate within the law, while stressing that all stakeholders must respect both the independence of ECZ and the jurisdiction of the courts. Security concerns, the Association said, must be addressed firmly, but always within the Constitution and the law.
The statement was issued pursuant to Section 4 of the Law Association of Zambia Act, Chapter 31 of the Laws of Zambia.
Why it matters for Zambia’s post-election footing
LAZ’s intervention adds a legal dimension to a count that civil society groups had already moved to observe closely and that broadcasters had been warned against pre-empting with speculative figures. How ECZ responds, whether by narrowing the suspension to affected areas or maintaining a nationwide halt, will shape how quickly clarity returns to markets, businesses and investors who have been watching the vote for signals on policy continuity. A protracted, opaque suspension carries a different risk profile for confidence than a swift, geographically limited one with a published timeline, regardless of the eventual outcome at the ballot box.
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Update: ECZ Sets 22:00 Hours Tonight for First Election Results Update, Warns Against Self-Declared Wins.
