Access to Zambian courts prevented as election petition deadline looms

LUSAKA, Zambia — Zambia’s courts were sealed off by police as the deadline approached for challenging the results of the country’s presidential election, raising concerns about access to justice and the right to contest an election through the courts.

Court premises in Lusaka and other parts of Zambia were closed on August 24, the final day on which a petition challenging the August 13 presidential election could be filed.

The shutdown came at a highly sensitive moment. President Hakainde Hichilema had been declared the winner with about 60.7% of the vote, while opposition candidate Brian Mundubile received about 38%. Mundubile had said he intended to challenge the result, citing alleged irregularities in the electoral process.

Police Block Access to Courts

Police were deployed around several court buildings, with some premises reportedly cordoned off. Lawyers and other members of the public were prevented from entering.

Authorities described the closure as a security measure. Police referred to it as an “intelligence-led and preventive measure,” while a notice to judiciary staff cited security concerns.

However, the timing of the closure immediately attracted criticism because it coincided with the legally prescribed deadline for presidential election petitions.

Human Rights Watch said the closure effectively prevented potential challengers from accessing the courts at a crucial constitutional moment.

Seven-Day Petition Window

Zambia’s Constitution provides a seven-day period for challenging the outcome of a presidential election after the results are formally declared.

The Electoral Commission of Zambia announced Hichilema as the winner on August 18, meaning August 24 was the final day for filing a presidential election petition.

Under Article 103 of the Zambian Constitution, a challenger can ask the Constitutional Court to nullify an election if the winner was not validly elected or if constitutional or legal requirements governing the election were not followed.

The closure therefore created concern that the legal deadline could expire while access to the institutions responsible for receiving the challenge was restricted.

Opposition Planned to Challenge Election Result

Mundubile rejected the election result and alleged problems involving the conduct of voting, counting, transmission and declaration of results.

He had indicated that he wanted to take the dispute to court.

The situation became even more tense after the election as opposition figures faced legal and security challenges. Mundubile later sought refuge at a United Nations facility in Lusaka before surrendering to police with his running mate, Makebi Zulu, over allegations connected to treason.

The arrests and court closures have added to concerns from opposition groups and rights organizations about Zambia’s democratic institutions.

Rights Groups Raise Alarm

Human Rights Watch called on Zambian authorities to reopen the courts and ensure meaningful access to justice.

The organization said security measures should not prevent people from exercising constitutional rights, particularly when an election challenge has a strict filing deadline.

The Law Association of Zambia also questioned the lack of a detailed public explanation for the court closures.

Several civil society organizations argued that closing courts precisely when citizens may need to challenge an election undermines the practical meaning of the right to seek judicial review.

Government Says No Petition Was Filed

After the seven-day period expired, Zambia’s Cabinet Office announced that the judiciary had not received a presidential election petition within the prescribed period.

The government subsequently confirmed that Hichilema’s inauguration would take place on September 1, 2026, following the expiration of the petition period.

The judiciary separately stated that no petition had been filed in the Constitutional Court registry by the end of August 24. Reports also emerged concerning documents described as a presidential petition that had been sent by email rather than formally registered through the court registry, creating confusion over whether a valid petition had been lodged.

Hichilema Begins Second Term

Hichilema was ultimately sworn in for a second five-year term on September 1.

His inauguration came amid continued controversy surrounding the August election, including allegations of irregularities, the treatment of opposition figures and concerns over the closure of courts during the petition period.

Despite the controversy, international observers and analysts have noted that Hichilema appeared likely to have won the election even without the disputed circumstances surrounding the process.

The bigger concern now is what the events mean for Zambia’s democratic institutions and its long-standing reputation for relatively peaceful multiparty politics.

A Test for Zambia’s Rule of Law

The court shutdown has become one of the most controversial episodes surrounding Zambia’s 2026 election.

For critics, the central issue is not simply who won the election but whether those who believed the result was flawed had a genuine opportunity to challenge it before an independent court.

The government has maintained that the court closures were related to security concerns. Human rights groups, however, argue that any security response should have been limited, proportionate and designed in a way that preserved access for urgent legal filings.

With Hichilema now beginning his second term, attention is likely to remain focused on Zambia’s political institutions, treatment of opposition parties and the independence of its judiciary.

The events surrounding the election petition deadline could have consequences well beyond the 2026 vote, particularly for public confidence in Zambia’s electoral and judicial systems.