Presidential election in Zambia: on the last day for filing challenges, authorities order courts to close

The decision by Zambian authorities to close all judicial institutions, including the Supreme and Constitutional Courts, on August 24, 2026, marks a critical juncture for the nation's democratic framework. This move, ostensibly for "security reasons" and without a specified reopening date, directly coincided with the constitutional deadline for filing challenges to the August 13 presidential election results. The incumbent, Hakainde Hichilema, was declared the winner with 60% of the vote, a result the opposition has contested, citing irregularities. The timing of the closures has drawn sharp criticism from civil society organizations and human rights advocates, who view it as an unprecedented assault on the separation of powers and the rule of law. This action effectively blocked any judicial review of the electoral process, raising profound questions about the legitimacy of the election outcome and the future of democratic governance in Zambia.

Hakainde Hichilema

President Hakainde Hichilema's re-election with 60% of the vote was the catalyst for the opposition's planned legal challenge. While the electoral commission declared his victory, the opposition candidate, Brian Mundubile, alleged significant irregularities during the August 13 poll. The closure of the courts on the very day the constitutional window for such challenges expired creates a perception that the government is actively preventing scrutiny of Hichilema's victory.

The government's justification of "security reasons" for the closures has been met with skepticism, particularly given the specific timing. Critics argue that if genuine security threats existed, alternative arrangements for receiving legal petitions could have been made, or the closure could have been announced with more transparency and a clear timeline for resolution. The lack of a reopening date further exacerbates concerns that this is a deliberate tactic to consolidate power and avoid accountability, rather than a legitimate security measure.

Brian Mundubile

Opposition presidential candidate Brian Mundubile, who secured 38% of the votes, had publicly announced his intention to file a petition challenging President Hichilema's re-election. His claims of irregularities in the August 13 election were set to be formally presented to the Constitutional Court. The abrupt closure of the courts directly thwarted Mundubile's constitutional right to seek judicial redress, effectively silencing his challenge.

This development follows a period of heightened political tension, including a wave of arrests and the fatal shooting of an opposition parliamentarian on August 14, which authorities attributed to an operation against a "militia." Mundubile himself has reportedly sought refuge with an international organization, indicating a climate of fear and repression for opposition figures. The inability to pursue legal avenues for electoral grievances could push political dissent into less conventional or more confrontational forms, potentially destabilizing the country.

Linda Kasonde

Zambian lawyer and human rights defender Linda Kasonde has been a prominent voice in condemning the court closures. She unequivocally stated that "The closure of all courts of justice in the country, under the surveillance of the police and the army, has no place in a constitutional democracy governed by the separation of powers and the rule of law." Her strong remarks highlight the fundamental principles of democracy that are perceived to be under threat.

Kasonde specifically emphasized that "The timing of this cannot be ignored," pointing out the precise coincidence with the expiration of the seven-day constitutional deadline for election challenges. She argued that, regardless of intent, the effect of the closure is to "deprive Zambians of their constitutional right to have this challenge examined and to remove the legitimacy of the entire electoral process from any judicial review." Her analysis underscores the profound implications for judicial independence and the integrity of Zambia's constitutional order.