The International Day of Democracy falls on 15th September every year. It is a time to pause and reflect on how democracy is working in our country. Last year, Zambia was privileged to be chosen as the African host of the Summit for Democracy. At the time, we were riding high on our democratic credentials as one of the few African nations through which change could be effected through the ballot box and having pushed back on creeping authoritarianism during the ten years preceding the 2021 general elections.

During the Summit, I was privileged to speak at a side event at which I highlighted some of the dangerous anti-democratic trends of the period 2011-2021 and ended with an expression of hope for the future, if only the UPND would heed the lessons of the past.

Those trends include the following:

• The abuse and weaponization of the law against citizens
• The blurring of the line between the Ruling Party and the Government with party officials making statements on issues of government policy.
• Public threats against members of the judiciary.
• The harassment of journalists perceived to be anti-establishment in an environment where there was a decreased tolerance for divergent views
• Divide and Rule
• Corruption

It is now three years post the 2021 general elections and it appears that most, if not all, of these anti-democratic trends are re-emerging.

The abuse and weaponisation of the law against citizens

With regard to the abuse of the law, the most visible representation of this is the continued execution of consent orders to compensate ruling party affiliates for alleged wrongs done to them under the previous dispensation. Not only are these cases not fully tried on the merits of the case, but the amounts of the awards given appear to be very arbitrary and, in some cases, disproportionate. In a democracy, everyone should be equal before the law. The courts are not a venue for returning favours, especially when the payment comes from public coffers.

We have also seen the weaponisation of defamation laws and the Cyber Security and Cybercrimes Act to punish dissidents. The government’s recent statements about the impending enactment of a new cyber security and cybercrimes Act have come with threats to those who “abuse” online platforms. The avenues to express dissent publicly are further narrowed by the fact that public rallies and protests, such as those by the opposition Patriotic Front and youth protests over the electricity crisis and high cost of living, have been curtailed.

With calls for constitutional reform once again, it’s crucial that, if this route is pursued, it must not be used to settle old scores or to entrench the ruling party in power as was attempted with the proposed Constitution Amendment Bill No. 19 of 2019 under the Patriotic Front government. In his parliamentary address of 13th September 2024, President Hakainde stated that constitutional reform is on the cards. Worryingly, he is further reported to have said that there might be need for constitutional reform around presidential and parliamentary term-limits. Also concerning is the suggestion by President Hichilema that the consultation process will be limited due to “cost constraints”.

The blurring of lines between the ruling party and the government

This is apparent in certain appointments of political party functionaries with questionable qualifications to the civil service; an institution that is meant to be non-partisan and apolitical. Civil servants should serve the public without fear or favour and should not be made to feel as though patronage to the party in power is a prerequisite.

Public threats against the judiciary

Whilst this particular anti-democratic feature has not been as blatant as it was under the previous government, there appear to be instances in which the judiciary seems to have come under some political pressure and heavy media scrutiny. An example is the case of Joseph Malanji and Bowman Lusambo v the Attorney-General and the Electoral Commission of Zambia, in which the two Patriotic Front party members petitioned the decision of the Electoral Commission of Zambia not to call for fresh nominations after two nominated candidates pulled out of the race for the Kwacha and Kabushi by-elections after the 2021 general elections as provided by the Constitution.

The harassment of journalists perceived to be anti-establishment

There have been a number of cases of journalists being harassed by the authorities. For example, the Muvi TV journalists that were arrested for filming the police break into and arrest of opposition politician and political commentator Chilufya Tayali at his house in January 2023. In October 2023, the public newspaper, the Zambia Daily Mail, fired a photo journalist for taking pictures of high mealie meal prices. In December 2023, a press briefing by opposition Economic Freedom Fighters (EFF) leader Kasonde Mwenda was interrupted by the police. In addition, in February 2024, KBN TV was threatened with closure after airing a programme in which opposition political party leaders were given a platform to present the news.

Divide and Rule

Divide and rule tactics along tribal lines were a strong feature of the former Patriotic Front government. There was sense that you were either with the Patriotic Front, or you were against it. This was coupled by threats, physical and verbal, by Patriotic Front henchmen to terrorize people in marketplaces and at bus stops. It is commendable that the current government has ensured that these political cadres aren’t dominating public spaces as much as they used to, however much more needs to be done to address perceptions of tribalism in the public service.

Corruption

The government has come under heavy criticism for targeting opposition political party members and not prosecting cases of corruption amongst current government officials. Criticism has also been made about corruption cases being limited to asset forfeiture without an accompanying conviction. The Director-General of the Anti-corruption Commission has had to resign amidst allegations that he was not fit for the role. The day after the Director-General resigned, the entire Anti-corruption Commission Board was dissolved.

According to a June 2024 Afrobarometer report, 87% of Zambians prefer democracy to any other form of government. However, democracy only works if the country’s citizens also hold the institutions mandated to provide public services accountable in between elections. To quote South African Judith February, a Senior Research Associate for the Institute of Security Studies - “Democracy is work. I think that a lot of the time people see it as a point at which you arrive, an election, for example. [There’s an attitude] that ‘those in power will fix it.’ [A]ctually, what we’re seeing is that it is a marathon not a sprint…The work of democracy is work within local communities. It’s work that all of us try to do to embed and entrench the rule of law and to demand accountability. And public services for people, the idea that a better society is possible. This idea that the work stops because you’ve elected somebody is a very skewed view of democracy and one that we’re starting to find out that it is work.”

In tough economic times such as these, the temptation by any government is to suppress any dissent or revolt. This temptation must be resisted. Citizens must be allowed to express themselves or risk politicians living in echo chambers of their own making. During the last election, the incumbent President campaigned under the slogan “Bally will fix it”. It is a fallacy that all Zambia’s problems can be fixed by a single individual. We need to fix it. That means engaging in community activism, holding your member of parliament to account, and yes, bringing cases before the courts of law to uphold constitutionalism and the rule of law. We must do this or risk lamenting the loss of our human rights, the rule of law, and constitutionalism as we continue to fold our arms.

Linda Kasonde is a lawyer and 2014 Archbishop Tutu Leadership Fellow.

Header Image - courtesy of the Journee Mondiale article on the International Day of Democracy.