Zambia’s Referendum Fails As Less Than 50% Of Voters Show Up

By Paul Shalala

A voter

Zambia has failed to pass several progressive human rights amendments to its constitution following the failure by voters to reach the 50% threshold needed to approve the amendments in a referendum.

On Thursday last week, Zambia went to the polls in a general election which was also tied to a referendum on the bill of rights which had progressive laws.

Due to the attention given to the presidential election, the counting and announcing of referendum votes was halted and postponed to today to allow for the presidential results to be announced first.

According to Zambia’s Referendum Act, the country needs at least 50% of its citizens above 18 years to vote in a referendum.

Further, half of those who show up at the polling stations must vote YES for the referendum to succeed.

However, today, the Electoral Commission of Zambia (ECZ) announced that last week’s referendum failed to reach the threshold.

ECZ Chairperson Esau Chulu disclosed that only 44.4% of the eligible voters turn out and the referendum failed by 5.6%.

According to the Central Statistical Office, Zambia has an estimated total of 7,528,091 people above the age of 18 and this means that for the referendum to go through, 3,764,046 should have voted.

However, according to Justice Chulu, only 3,345,047 showed up and of those, only 1,852,549 voted YES for the referendum.

The ECZ and some civil society organisations ran sensitisation campaigns urging people to come out and vote in the referendum.

The ruling Patriotic Front campaigned for a YES vote while the opposition UPND and other parties campaigned for a NO vote.

Despite the general election recording a 56.4% turn out, the referendum recorded a 44.4%.

After voting for President, Member of Parliament, Mayor and Councillor, some voters did not proceed to the referendum booth to also vote in the referendum despite both processes being held in the same polling stations.

The Referendum Question On the ballot Paper

Some of the progressive laws which were provided for in the bill of rights were a provision of 19 years as the marriage age, banning of abortion, providing access to information, freedom of the media, social, economic, cultural and political rights and fair trial.

Since the announcement of the referendum results, some Copperbelt-based civil society organisations have told this blogger of their disappointment.

“We are disappointed that the referendum has failed. We had hope that if the bill of rights was passed, we were going to be granted access to information which we have been championing for years. We also hoped that the public media would be given freedom. But this now means we get back to our drawing boards and start pushing parliament to enact the access to information bill,” said Andrew Sakala, President of the Press Association of Zambia.

Since 2002, the Zambian media has been involved ina back and forth game with governments for the access to information law to be taken back to parliament for enactment.

Not much progress has been made in realising this dream as successful governments have been failing to take back the bill to the floor of the house since its withdrawal from the standing orders 14 years ago.

For those involved in governance issues, the failure of the referendum means a major setback to their countrywide advocacy activities in the past three months.

“We are very disappointed by this development. We blame opposition parties who politicised this process. They campaigned against the referendum and now the people of Zambia have been denied their social, economic and cultural rights. This should be a lesson to Zambians and they should know that some parties don’t mean well,” said Gerard Mutelo, President of the Kitwe-based Democratic Governance and Human Rights Advocates.  

For some governance activists, the failure by Zambian voters to pass the bill of rights has hurt them hard.

“We are disappointed and annoyed. We spent a lot of money in sensitising the masses. What have the opposition parties gained in this…… People are not celebrating this development…. What have they achieved?” said an angry looking Poster Jumbe, the Copperbelt Province Coordinator of the Anti-Voter Apathy Project, a youth-led organisation which champions the involvement of young people in public affairs.

Some of the advocacy material for referendum

Among other provisions, the bill of rights called suggested 19 years to be made the marriage age in light of the conflict between customary and statutory laws which recognise marriage at different ages.

“It is very disappointing that the bill of rights has not been passed. We hoped that if it passed, it would have raised the marriage age to 19 and helped stop early marriages which are rampant in Zambia,” said Sharon Chisanga, the Copperbelt Province Coordinator for the Young Women Christian Association.

Ms Chisanga coordinates several programs aimed at discouraging early marriages which are common on the Copperbelt Province which has the second highest rate among Zambia’s 10 provinces.

If passed, the bill of rights would have also outlawed the detention of pregnant women.

Currently, pregnant women can be jailed and several women are incarcerated and raise their children in prison.

The bill had also provided for quick trials to avoid the common practice of suspects spending months and possibly years before their cases are disposed off by the courts of law.

With Zambia's conservative society, the country added a clause which defined marriage as union between two people of opposite sex.

This clause was clearly stated to avoid any chances of same sex marriages in a country which is constitutionally recognised as a christian nation even though it also respects other faiths.

Before Thursday’s referendum, the last time Zambia had such a vote was in 1969. 

Ex-Tanzania President Kikwete To Lead Commonwealth Observers

Former Tanzanian President Jakaya Kikwete

By Paul Shalala

Former Tanzanian President Jakaya Kikwete has been appointed by the Commonwealth to lead a 17-man team of election observers to Zambia for the country’s August 11 general elections and referendum.

In a press statement, Commonwealth Secretary-General Patricia Scotland hopes that Zambia will conduct an inclusive, peaceful and credible poll to demonstrate the country’s culture of democracy.

She has disclosed that an advance group of Commonwealth observers was deployed in the country on 22 July while the rest of the team is expected to arrive on 4 August. 

“In solidarity with the people of Zambia, the Commonwealth will be present to observe these polls and will continue to work with relevant Zambian institutions towards further strengthening the country’s democracy,” said Ms Scotland.

She added that holding peaceful and successful elections is a high responsibility for the people and institutions of all Commonwealth member states.

“All Zambians including the election management body, political parties and their leaders, the citizenry, civil society, security agencies, the media and voters have a duty and responsibility to ensure a peaceful process and a credible outcome.”

According to the statement, the Commonwealth Observer Group will consider the pre-election environment and election preparations.

On August 11, the team will observe the voting, vote-counting and the results procedure.

The Commonwealth joins other international observers like the African Union, SADC and the European Union who have already deployed their observers.

Zambia has seven million registered voters who will be electing a President, Members of Parliament, Mayors, Council Chairmen and Councillors.

Voters will also be casting ballots in a referendum to amend the Bill of Rights.

European Union Deploys Over 100 Election Observers In Zambia

Some of the EU observers -Pictures by EU EOM Zambia

By Paul Shalala

The European Union (EU) has deployed 100 electoral observers to Zambia’s 10 provinces to monitor the August 11 general elections.

The EU Election Observation Mission is led by former Italian Minister of Integration Cecile Kyenge, who is also a Member of the European Parliament.

According to a Factsheet posted on the mission’s website, the team consists of both short term and long term observers.

“The Core Team (CT) is a group of 8 election experts from different EU member states. They arrived in Lusaka on 29 June to set up and coordinate the EU EOM. They analyse every aspect of the electoral process, including political, electoral and legal issues. The CT also monitors the Zambian media, and it is supported by logistical and security experts,” reads part of the statement on the website.

Since its arrival last month, the team has already mobilised and been deployed.

“The Long-Term Observers (LTOs) are the eyes and ears of the EU EOM. 24 LTOs from 23 EU member states and Norway arrived in Zambia on 11 July to be deployed to all ten provinces a few days later. In teams of two, they observe the whole electoral process in their areas of responsibility, and report back to the CT in Lusaka. The Short-Term Observers (STOs) reinforce the mission shortly before Election Day. 56 STOs from 28 EU member states and Norway arrive to observe voting, counting and tabulation in polling stations in all provinces of Zambia.”

The EU observers at a press briefing in Lusaka recently

Unlike most international observation missions which monitored Zambia’s recent elections with teams only based in Lusaka, the EU team seem to have taken a different approach to monitor the polls across the ten provinces.

As part of its preparations for the elections, the EU Observation team visited the Copperbelt over the weekend to meet various stakeholders.

Ms Kyenge led the team and she had meetings with leaders from the civil society and political parties.

As per tradition, the EU team will publish its findings in a Preliminary Statement shortly after the polls and it will release its final report in October.

The EU joins SADC and the African Union who have already sent their observers to Zambia.

The country holds general elections on 11 August to elect a President, Members of Parliament, Mayors, Council Chairmen and Councillors.

Zambia has seven million registered voters spread across its 156 constituencies.  

Nine candidates are contesting the presidency, including incumbent Edgar Lungu who was elected in January 2015 following the death of his predecessor Michael Sata in October 2014.

YALI Proposes Digitalising Census Ahead Of Referendum

By Paul Shalala

Isaac Mwanza

The Young African Leaders Initiative (YALI) has proposed the use of digital equipment to conduct a snap census before the referendum to adopt the new constitution is conducted. 

YALI Governance Advisor Isaac Mwanza saying using the digital system as implemented in Kenya, will save money and time.

Mr Mwanza adds that it will also help law enforcement agencies and the Electoral Commission of Zambia to have access to population data that they can use in future.

Below is a full press statement:

The Young African Leaders Initiative (YALI) is pleased with Government announcement that the Referendum will be held in 2016 and now wish to call on Government to consider using the Digital and IT solution to conduct an efficient, fast and result oriented population census that will determine the accurate number of persons entitled be registered as voters in Zambia. 

Because we have also been worried about the issue of conducting the Census and updating the voters register, we have decided to support calls to use Digital and modern information technology (IT) solutions to conduct the Census. 

YALI is aware that citizens have been discussing possibilities of using IT solutions to conduct the Census and we call on Government to explore this possibility and engage citizens to conduct a Census using the Digital system as opposed to the current situation where data on Zambians and non - Zambians is contained in manual systems maintained by different institutions such the the Department of National Registration, Electoral Commission of Zambia and Immigration Department with Central Statistical Office not having the actual personal details of persons linked to their data. 

As an organisation we implore President Edgar Lungu and his administration to emulate the Kenya President Uhuru Kenyatta, who on Wednesday last week, launched the Integrated Population Registration System ( IPRS), which allows access to an individual's entire registration and identification records using a single personal identification number. 

If the Zambian Government agrees to use modern IT solutions to conduct the Census, Zambians can be assured of the census being concluded within the shortest possible time, if resources are available and teams assembled. In preparation for either a sample or full population census, we urgently call on Government to consider using the Digital means of capaturing information that will allow all State Agencies such as ECZ, NRC Department and CSO to have access to huge volumes of data such as birth of births and certificates, national identity cards, passports at the click of a button. 

YALI believes that Zambian has qualified young people who can transform the way we collect information on the population using IT solutions that will benefit the nation and all State agencies in the long run. 

We are aware the Ministry of Justice has proposal to use the IT solution to conduct the Census in readiness for the Referendum and we call upon the Ministry to show responsiveness to such a proposal by engaging its designers and other institutions under the Ministry of Home Affairs. 

YALI believes Government has taken enough time to study what citizens, stakeholders and interest groups had to say on both the Government draft roadmap and the holding of a a successful referendum and it is our collective resposibility as a nation to ensure measures are put in place for conducting a national census to determine the accurate minimum threshold of voters that must turn up and vote in the referendum. 

Looking at the remaining timeframe before 2016, YALI remains cautiously optimistic on the success of the referendum. We however believe tha all stakeholders must work together to ensure the 50 percent turnout is achieved.

Issac Mwanza

YALI Governance Advisor

Hichilema Calls For Referendum Before 2016

Hakainde Hichilema

By Paul Shalala

Opposition UPND President Hakainde Hichilema has directed his Members of Parliament to push for a new legal framework that will guarantee  a referendum as an avenue through which the new constitution will be adopted.


Mr Hichilema says a legal framework is the sure way in which the wishes and aspirations of the Zambian people will be retained in the final constitution.

Speaking during a press briefing today at the UPND Secretariat in Lusaka, Mr Hichilema said once this legal framework is put in place, it will ensure a bill of rights with provisions to protect journalists.

"Release the draft constitution so that we can all discuss it. MPs ensure there is a new legal framework to provide for a referendum so that in 2016 we have elections under a new constitution," he said.

He said the new constitution must also provide for a Vice President Running Mate clause to avoid presidential by-elections that are too costly for the nation.

"We need a progressive constitution, one that will make sure we do not have these useless by-elections. We can do it. Other countries have done it," said Mr Hichilema.

Updates On The Constitution From Parliament

By Paul Shalala

Today's Vice President's Question Time was the last one in this sitting of parliament which is expected to adjourn sine die on Tuesday next week.

As part of their protest on the constitution, opposition members of parliament sat quietly and none of them asked a single question to Dr Guy Scott during the 30 minutes long Vice President's Question Time.

Ruling Patriotic Front backbenchers seized the opportunity and turned it into a field day in which they took turns asking questions to Dr Scott.

The opposition members of parliament including independent Lubanshenshi member of parliament Patrick Mucheleka, all sat and kept quiet during the 30 minutes for the Vice President's Question Time.

Dr Scott said holding a referendum in older to adopt the new constitution will be more difficulty and less manageable than holding a general election.

He said in a referendum, the country is supposed to ensure that atleast two thirds of the population vote in the referendum to make the document legitimate.

The Vice President says this is as opposed to a general election where only registered voters are allowed to cast their ballots in an election.

Dr Scott has also assured the nation that government will not allow any sectors of society to hijack the constitution making process.

He said the ruling Patriotic Front has enough numbers in parliament to ensure that the new constitution is enacted in an orderly manner.

The Vice President said this in response to several questions posed by Patriotic Front backbenchers who posed several questions on the constitution.

Meanwhile, Dr Scott has revealed that Justice Minister Wynter Kabimba has been cleared by the Judge Evans Hamaundu-led tribunal.

Dr Scott says as far as he is aware, Mr Kabimba was cleared of all allegations leveled against him.

The Vice President revealed this in Parliament this morning in response to Lupososhi member of parliament Bwalya Chungu who wanted to know the results of the Judge Hamaundu Tribunal.

Human rights activist Brebner Changala and former Solwezi central member of parliament Lucky Mulusa petitioned Acting Chief Justice Lombe Chibesakunda to set up a tribunal to probe the Justice Minister.

The two alleged that Mr Kabimba abused his office when he allegedly used a government legal opinion offered to him in his capacity as Minister of Justice by the Solicitor General Musa Mwenye to allegedly pursue a private agenda of the ruling Patriotic Front and subsequently by a private litigant.

Mazabuka Central member of Parliament Garry Nkombo this morning moved a motion to urge government to provide a roadmap for the enactment of the new constitution.

In moving the motion, Mr Nkombo said his move was non confrontational as it was aimed at highlighting the commitment by the Patriotic Front to the constitution.

He said with the completion of the work by the Technical Committee on Drafting the Republican Constitution, there was need for government to guide the nation on the way forward.

The motion was seconded by Chembe member of parliament Mwansa Mbulakulima who said the new constitution must be able to improve governance in the country.

Meanwhile, opposition members of parliament who earlier this week avoided asking questions for oral answers, today resumed their normal duties.

UPND Mwinilunga member of parliament Stephen Katuka and his Solwezi West MMD counterpart Humphrey Mwanza today posed their questions.

UPND Katuba member of parliament Jonas Shakafuswa and his Kabompo West counterpart Ambrose Lufuma also asked follow up questions.

And contributing to the debate, Justice Minister Wynter Kabimba said government had a clear roadmap which will deliver a people driven constitution.

Mr Kabimba's sentiments were echoed by Lupososhi member of parliament Bwalya Chungu who said all lawmakers must partner with government to produce a people driven constitution.

However, Mr Chungu could not finish debating the motion as parliament was adjourned at 12:55.

The Lupososhi lawmaker is expected to wind up his debate on Tuesday before the house votes whether to adopt or reject the motion.