Zambia courts sealed off as election petition deadline looms

As Zambia approaches the legal deadline for filing formal challenges to the recent presidential election results, widespread closures of court facilities across the country have thrown the post-election process into deep uncertainty, with the main opposition candidate vowing to pursue legal action over alleged voting irregularities.

Multiple court premises, including the High Court in the capital Lusaka, the Supreme Court that also hosts the Constitutional Court, and several lower local courts, have been cordoned off and closed to public access. Heavy, unusual deployments of police officers have been documented at these sealed sites, with court perimeters blocked by tape to prevent entry. When lawyers arrived at the courthouses on Monday, the final day for submitting election petitions, they were repeatedly ordered to leave the area. One attorney told the BBC that three armed men approached his vehicle, identified themselves as law enforcement, and directed him to depart immediately. It remains unclear when the closed court facilities will reopen to the public, and requests for comment from Zambia’s police force and judicial branch have not yet received a response.

The controversy stems from the August 13 presidential election, where incumbent President Hakainde Hichilema secured a second five-year term with 60% of the popular vote. Main opposition challenger Brian Mundubile, who finished second with 38% of the vote, has rejected the official outcome and pledged to challenge the results in court, citing widespread procedural irregularities. Currently, Mundubile is in hiding at a secure location, guarded by an international human rights organization, after claims of targeted threats against his life. His seclusion comes amid a turbulent post-election period marked by violence and political repression: one senior opposition figure, former cabinet minister Mutotwe Kafwaya, was shot and killed during a security force raid in Lusaka, with officials claiming Kafwaya was killed in an exchange of fire during a targeted operation. Multiple other opposition members have also been arrested in recent weeks.

The death of Kafwaya and the wave of arrests have sparked widespread outcry from domestic and international human rights groups. Amnesty International has labeled the killing “deeply alarming” and called for an immediate, thorough, and impartial independent investigation. The Law Association of Zambia has also raised “grave concern” over the incident and joined demands for an independent probe into the circumstances of Kafwaya’s death.

While court access is blocked and the election challenge hangs in limbo, the incumbent government has moved forward with plans for Hichilema’s inauguration, scheduled for September 1 at Lusaka’s National Heroes Stadium. Zambia’s Ministry of Youth and Sport has already issued media invitations for journalists to join a cabinet official for an inspection of inauguration preparations at the venue, indicating the ceremony is expected to proceed as planned even if a legal petition is ultimately filed. If an opposition election petition is successfully submitted before the deadline, it could theoretically delay the inauguration, though the court closures have thrown that entire process into doubt.

Regional and international election observers who monitored the August 13 vote have acknowledged that voting day was largely peaceful, but they have raised multiple serious concerns about the integrity of the contest. The European Union’s election observation mission found that unequal restrictions on opposition activity created an “uneven playing field” ahead of the poll, echoing broader worries about late changes to electoral rules, shrinking media freedom, and unequal access to media platforms for opposition candidates.

On the vote tallying process, the EU mission documented multiple procedural failures: a heavy military presence at many tallying centers that created an intimidating atmosphere for voters and polling staff, multiple reported attacks on tallying facilities, widespread delays in updating official results on public tally sheets after vote counts were announced, weak verification processes that failed to cross-check digital vote entries against physical paper records, and frequent pauses in tallying proceedings as local officers waited for instructions from national electoral commission headquarters. Critically, the mission also noted that the Zambian Electoral Commission did not publish disaggregated results broken down by individual polling station, a lack of transparency that the mission says undermines public trust in the final outcome. The EU has publicly called for “maximal transparency” from Zambian authorities to resolve lingering questions about the official results.