Electoral Commission of Zambia: Announce in ZM Matter

The Electoral Commission of Zambia (ECZ) has announced an estimated expenditure of approximately USD 5 million for the printing of ballot papers for the upcoming elections. This disclosure by Chief Electoral Officer Brown Kasaro, while noting unfinalised logistical issues, highlights critical legal and governance considerations for Zambia's electoral process. The procurement of such sensitive materials by an independent constitutional body like the ECZ is governed by a robust framework, including the Electoral Process Act, the Electoral Commission of Zambia Act, and the Public Procurement Act. This article examines the legal mandate of the ECZ in managing electoral logistics, the principles of transparency and accountability in public procurement, and the implications of offshore printing, drawing on past practices and statutory requirements for credible elections.

The Electoral Commission of Zambia (ECZ) recently disclosed its intention to spend an estimated five million United States Dollars on the printing of ballot papers for the forthcoming elections. This announcement, made by Chief Electoral Officer Brown Kasaro, comes amidst ongoing preparations for the electoral cycle, with Mr. Kasaro indicating that other logistical aspects of election material printing are yet to be finalised. The substantial financial outlay for this crucial component of the electoral process immediately raises questions pertinent to legal professionals, particularly concerning public procurement, transparency, and the ECZ's statutory mandate.

For a nation committed to democratic principles, the integrity and perceived fairness of elections are paramount. The process of procuring and printing ballot papers is a cornerstone of this integrity, directly impacting public confidence and the credibility of election outcomes. This article will delve into the legal framework governing the ECZ's operations, specifically focusing on its powers and duties regarding electoral material procurement, the principles of public financial management, and the implications of the decision to print ballot papers abroad. It aims to provide a comprehensive analysis for legal practitioners on the legal underpinnings and potential areas of scrutiny surrounding this significant expenditure.

The Electoral Commission of Zambia is a constitutional body established under Article 229 of the Constitution of Zambia. Its primary mandate, as further elaborated in the Electoral Commission of Zambia Act No. 25 of 2016, is to direct, supervise, and control elections in a fair and impartial manner, and to implement the electoral process. This includes the responsibility for the procurement and management of all election materials, such as ballot papers. The Electoral Process Act No. 35 of 2016 provides a comprehensive framework for general elections, empowering the Commission to make regulations in matters relating to elections, including the design and handling of ballot papers.

Beyond its specific electoral mandate, the ECZ, as a public institution, is also subject to the general laws governing public finance and procurement. The Public Procurement Act No. 8 of 2020 (which repealed and replaced the Public Procurement Act, 2008) is the principal legislation in this regard. This Act aims to enhance transparency, efficiency, effectiveness, economy, value for money, competition, and accountability in public procurement. It regulates and controls practices relating to public procurement to promote integrity, fairness, and public confidence in the procurement process. The ECZ's procurement activities, including the multi-million dollar contract for ballot papers, must therefore strictly adhere to the provisions of this Act and its accompanying regulations, such as the Public Procurement Regulations 2022. The Commission is accountable to Parliament and prepares its own budget, which is then presented to Parliament, though funds are disbursed and monitored by the Ministry of Finance.

The ECZ's announcement of a USD 5 million expenditure for ballot paper printing, while an estimate, triggers a detailed legal examination of its compliance with both electoral and public procurement laws. The Electoral Process Act No. 35 of 2016, read together with the Electoral Process (General) Regulations, 2016 (S.I. 63/2016), vests the ECZ with the authority to prescribe the design and manage the supply of ballot papers. Historically, the ECZ has opted for offshore printing, notably with Al Ghurair Printing and Publishing Company in Dubai for the 2016, 2021, and now the upcoming 2026 elections, citing a lack of local capacity. This practice, while justified by capacity constraints, has often been a point of contention, with civil society and political parties raising concerns about transparency, cost, and accessibility for monitoring.

The Public Procurement Act No. 8 of 2020 mandates that public procurement processes must ensure transparency, competition, and value for money. The ECZ, through its Procurement Committee, is expected to conduct a rigorous tender process that is open, fair, and non-discriminatory. The estimated nature of the USD 5 million cost and the unfinalised logistical issues, as stated by Mr. Kasaro, could potentially open avenues for scrutiny regarding adherence to procurement planning and budgeting requirements. Any significant deviation from initial estimates or lack of clarity on logistical costs could be challenged on grounds of financial prudence and accountability, especially given the general high risk of corruption in Zambian public procurement.

Furthermore, the ECZ's strategic plan for 2023-2027 explicitly commits to delivering credible elections through effective stakeholder engagement, proficient and efficient elections management, and entrenching transparency and accountability. The decision to print abroad necessitates robust mechanisms for stakeholder oversight, including political party representatives and accredited observers, to monitor the printing process, as has been the practice in previous elections. The absence of such comprehensive oversight or perceived limitations on it, such as parties having to sponsor their own representatives, could undermine confidence in the process, as highlighted by past criticisms.

While the ECZ is constitutionally independent, it is accountable to Parliament. This accountability extends to its financial management and procurement decisions. Legal practitioners representing political parties, civil society organisations, or public interest groups may scrutinise the procurement contract, the tender process, and the final costs against the backdrop of the Public Procurement Act and the ECZ's own commitments to transparency. Any perceived irregularities or lack of adherence to statutory procedures could form the basis for legal challenges, potentially leading to election petitions or demands for judicial review of the procurement process, although previous election petitions have largely focused on election outcomes rather than pre-election logistics.

The ECZ's announcement of a USD 5 million estimated expenditure for ballot paper printing underscores the significant financial and logistical undertaking involved in conducting credible elections. For legal practitioners, this development highlights the critical interplay between electoral law, public procurement regulations, and constitutional principles of transparency and accountability. The ECZ, while independent in its functions, remains bound by the Public Procurement Act No. 8 of 2020, which demands rigorous adherence to fair, transparent, and cost-effective procurement processes.

Practitioners should closely monitor the finalisation of logistical details and the eventual tender award, ensuring that the process aligns with statutory requirements and best practices for public financial management. Scrutiny of the contract terms, including provisions for stakeholder oversight during offshore printing, will be crucial to safeguarding electoral integrity. Any perceived deviations from the legal framework or lack of transparency could provide grounds for legal intervention, reinforcing the need for vigilance from all electoral stakeholders to uphold the credibility of Zambia's democratic process. The ECZ's commitment to its strategic plan for credible elections and stakeholder engagement will be tested by its ability to execute this significant procurement transparently and accountably.