Electoral Commission of Zambia — ZM Legal Update

The Electoral Commission of Zambia (ECZ) has commenced the printing of ballot papers for the 2026 general elections with Al Ghurair Printing and Publishing Company, a Dubai-based firm. This development, while a routine step in the electoral cycle, reignites critical discussions among legal professionals regarding electoral integrity, transparency in procurement, and the ECZ's adherence to its constitutional and statutory mandate. The selection of an international printer, a practice historically justified by a lack of local capacity, often draws scrutiny from political stakeholders and civil society, necessitating robust legal oversight to safeguard the credibility of the upcoming polls and uphold public confidence in the democratic process.

The Electoral Commission of Zambia (ECZ) has announced the commencement of ballot paper printing for the eagerly anticipated 2026 general elections, engaging Al Ghurair Printing and Publishing Company, a Dubai-based entity. ECZ Vice Chairperson Vicent Mukanda expressed confidence in the company's track record, signaling a critical phase in the nation's electoral preparations. This procedural step, however, is rarely without legal and political ramifications, particularly in a jurisdiction where electoral integrity is paramount to democratic stability. The decision to print ballot papers abroad, and the specific choice of vendor, invariably triggers intense scrutiny from political parties, civil society organisations, and legal practitioners concerned with the fairness and transparency of the electoral process.

For legal professionals, the initiation of ballot paper printing is not merely an administrative act but a pivotal moment to assess the ECZ's compliance with the intricate web of electoral laws and procurement regulations. The integrity of the ballot paper production process is fundamental to the credibility of the entire election, directly impacting the legitimacy of the results and potentially giving rise to electoral disputes. This article delves into the legal framework governing the ECZ's functions, the historical context of ballot paper printing in Zambia, and the legal implications arising from the current procurement, offering insights for practitioners navigating the complexities of Zambian electoral law.

The Electoral Commission of Zambia is an independent and autonomous body established under Article 229 of the Constitution of Zambia (Amendment) Act No. 2 of 2016. Its mandate is further elaborated by the Electoral Process Act No. 35 of 2016, which empowers the Commission to implement the electoral process, conduct elections and referenda, register voters, and regulate the conduct of voters and candidates, among other functions. The Constitution explicitly states that the ECZ, in exercising its functions, shall be independent and not subject to the control of any person or authority.

Historically, the ECZ has opted to print ballot papers outside Zambia, citing a lack of adequate local capacity to handle the scale and security requirements of such a critical undertaking. This practice, while justified by the Commission, has not been without controversy. For instance, in the lead-up to the 2016 general elections, the selection of Al Ghurair Printing and Publishing Company also faced significant opposition from political parties, including the United Party for National Development (UPND), which raised concerns about the cost, transparency of the procurement process, and potential for vote rigging. These historical concerns underscore the persistent need for robust legal frameworks and transparent processes in the procurement of election materials, particularly ballot papers, which are central to the integrity of the vote. The Public Procurement Act No. 8 of 2020, as amended by Act No. 17 of 2023, and the Public Procurement Regulations of 2022, provide the overarching legal framework for all public procurement in Zambia, including that undertaken by the ECZ.

The commencement of ballot paper printing by an international firm for the 2026 general elections necessitates a close examination of the ECZ's compliance with both the Electoral Process Act, 2016, and the Public Procurement Act, 2020. The Electoral Process Act, 2016, provides for a comprehensive process for general elections and empowers the ECZ to make regulations in matters relating to elections, including the provision of ballot papers. While the Act defines a 'ballot paper' as the document prescribed by the Commission, it does not explicitly detail the procurement process for its printing, thereby deferring to general procurement law.

The Public Procurement Act No. 8 of 2020, as amended, mandates open national bidding procedures for public procurement, though international bidding is permissible under certain conditions, such as lack of local capacity. The ECZ's consistent justification for international printing, citing insufficient local capacity, falls within this ambit. However, the legal challenge often arises from allegations of non-compliance with the procedural fairness and transparency requirements inherent in public procurement law. In 2016, opposition parties questioned the cost-effectiveness and transparency of the Al Ghurair contract, suggesting potential irregularities. Such challenges, if substantiated, could lead to legal disputes under the Public Procurement Act, potentially involving the Zambia Public Procurement Authority (ZPPA) and, ultimately, the courts.

Furthermore, the principle of electoral integrity, enshrined in the Zambian Constitution, demands that the ECZ's actions foster public trust. Past elections have seen allegations of irregularities, including misprinted or omitted ballot papers, which have eroded public confidence. To mitigate such concerns, the ECZ has previously allowed political party representatives and stakeholders to monitor the printing process abroad, a measure aimed at enhancing transparency and accountability. This practice, while not explicitly codified as a mandatory legal requirement for all procurement, has become a crucial expectation for ensuring a free and fair electoral environment. Any perceived deviation from these transparency measures could form the basis for legal challenges by aggrieved parties, asserting a breach of the principles of natural justice and fair administration.

Recent constitutional amendments, such as Constitution Amendment Bill No. 7 passed in 2025, which altered electoral rules and increased the number of lawmakers, also add a layer of complexity to the electoral landscape. While these changes may not directly impact ballot paper printing procedures, they contribute to an environment where electoral processes are under heightened scrutiny. Legal practitioners must therefore be vigilant, advising their clients on the implications of these broader constitutional shifts on the overall electoral framework and potential grounds for challenging any aspect of the election that appears to undermine democratic principles.

The commencement of ballot paper printing for the 2026 general elections by the ECZ marks a critical juncture in Zambia's democratic journey. For practising attorneys, this development underscores the imperative of meticulous oversight of the electoral process, from procurement to polling. Practitioners advising political parties, civil society organisations, or individual candidates must be prepared to scrutinise the ECZ's adherence to the Electoral Process Act, 2016, and the Public Procurement Act, 2020, ensuring that the selection of the printer and the entire production process are transparent, fair, and beyond reproach. Any perceived deviation from established legal and procedural norms could form the basis for pre-election litigation or post-election petitions.

Moving forward, legal professionals should closely monitor the ECZ's transparency measures, particularly the involvement of political party agents and observers in the ballot paper production and delivery. Vigilance against potential irregularities, such as those related to ballot paper quality, quantity, or security features, will be crucial. The ultimate goal is to safeguard the integrity of the 2026 general elections, ensuring that the democratic will of the Zambian people is accurately reflected through a credible and legally sound electoral process. Attorneys have a vital role to play in upholding these principles and holding electoral bodies accountable.