NRPUP challenges Kaputa campaign ban…Lawyers says ECZ acted outside the law and ignored due process
NRPUP challenges Kaputa campaign ban
…Lawyers says ECZ acted outside the law and ignored due process
By EMV REPORTER
The National Reconciliation Party for Unity and Prosperity has given the Electoral Commission of Zambia (ECZ) a three-hour ultimatum to reverse its decision suspending campaign activities in Kaputa Constituency or face judicial review proceedings in the High Court.
The opposition party said the electoral body acted unlawfully and in breach of the Constitution.
In a letter dated July 5, 2026, addressed to Chief Electoral Officer Brown Kasaro, lawyers Aongola & Company Legal Practitioners, acting jointly with Makebi Zulu Advocates, contended that the commission failed to follow due process before imposing the suspension, which followed allegations of electoral violence, including a reported fatality linked to campaign activities.
“Our client unequivocally condemns every form of electoral violence or misconduct and supports the Commission’s constitutional mandate to promote peaceful, free and fair elections. However, our client is deeply aggrieved by the manner in which the impugned decision was reached,” the lawyers said.
The lawyers argued that although the ECZ has statutory powers to regulate elections and maintain order, those powers are not absolute and must be exercised lawfully, reasonably and in accordance with the Constitution and the principles of natural justice.
They accused the commission of denying NRPUP an opportunity to be heard before imposing a punitive administrative sanction, contrary to the long-established audi alteram partem principle, which requires that no person should be condemned without first being heard.
“The Commission never accorded our client the opportunity to be heard before imposing what is effectively a punitive administrative sanction,” the lawyers stated.
Aongola & Company Legal Practitioners said the commission acted ultra vires, illegally, irrationally and unreasonably, while also breaching the Constitution, the Electoral Process Act No. 35 of 2016 and common law principles governing the exercise of statutory discretion.
The lawyers also argued that the ECZ, as a constitutional body exercising public power, is legally bound to act fairly and rationally in every administrative decision affecting legal rights and legitimate expectations.
They also said the commission bypassed the Conflict Management and Resolution Committee before suspending campaigns, despite the committee being the legally established mechanism for receiving complaints, assessing evidence and facilitating the resolution of electoral disputes.
“Our client was condemned first and denied an opportunity to be heard and also deprived of the opportunity to carry out campaign activities in the area. This is highly prejudicial to our client’s campaign activities,” the lawyers said.
The legal practitioners maintained that Parliament had established a clear administrative framework for resolving electoral disputes and that it was unlawful for the commission to short-circuit that process by imposing sanctions before the prescribed procedures had been exhausted.
They further argued that the ECZ’s decision was liable to be quashed on several grounds, including illegality, procedural impropriety, irrationality, abuse of statutory discretion, breach of legitimate expectation and acting in excess of its jurisdiction.
The lawyers demanded that within three hours of receiving the letter, the commission immediately rescind the suspension of campaign activities in Kaputa Constituency and allow NRPUP to resume lawful campaigns without restriction.
They warned that failure to comply would leave them with no option but to institute judicial review proceedings in the High Court seeking orders to quash the ECZ’s decision, compel the commission to permit the resumption of campaigns, declare the suspension unlawful and obtain interim conservatory orders staying the decision pending determination of the matter.
The legal team argued that, with polling day fast approaching, every day the suspension remained in force continued to prejudice their client’s electoral campaign, making the matter one of urgency.
