By Stephen Nyoni.

The concept of Democratic Control culminates from the need for a clear distinction between the politics and the military of a democratic state. Zambia, being a democracy, is expected to adhere to these principles in the way it manages its security policy as well as its governance systems. It is important to inquire the ways in which Zambia has upheld this principle and the areas in which improvement is vital.

Institutionalising Democratic Control

Institutionalisation of democratic control has been made possible in Zambia through the establishment of defence structures through the peoples will expressed in the constitution. The Constitution demonstrates how exactly the defence forces must be constituted, must function, and indeed, how they must be controlled – particularly by the President of the Republic. The Defence Act stipulates that “The Defence Force shall be charged with the defence of Zambia and with such other duties as may from time to time be determined by the President.” (Government of the Republic of Zambia, n.d.). In the fulfilment of Objective Civilian Control, the political elements in the state can only participate in issues of the defence forces through a parliamentary portfolio that comprises individuals with the necessary experience to shape the nations’ defence agenda. This committee is intertwined with that of the nations’ foreign affairs. As such, the Defence forces as a traditional security wing must uphold the nations’ foreign policy and must function in line with its stipulations. “Discussion of the military in a democracy presupposes a variety of notions, including the extent to which the defence and security forces have been able to exist in an era of high political activity.” (Lungu & Ngoma, 2005) One period was when the country’s leadership pursued a liberation agenda for neighbouring states that involved the commitment of Zambian forces fighting along other troops in the region.
The National Assembly Committee on National Security and Foreign Affairs is tasked with the responsibility, among others, to;
“Study, report and make recommendations to the Government through the House on the mandate, management and operations of the Ministries of Defence, Foreign Affairs and Home Affairs, department and/or agencies under its portfolio.
Carry out detailed scrutiny of certain activities being undertaken by the Ministries of Defence, Foreign Affairs, Home Affairs, departments and/or agencies under its portfolio and make appropriate recommendations to the House for ultimate consideration by the Government.” (National Assembly of Zambia, n.d.)

Professional Troops

Various groups and individuals have hailed the Zambia Defence Force for maintaining professionalism in its relations with the civilian society. Among others, former President Kenneth Kaunda (Kaunda, 2017) as well as the current Commander in Chief, Edgar Lungu (Lungu, 2019) has noted the “professionalism” of the Zambian troops. This factor has largely contributed to the management of healthy democratic control by civilian authorities over the military. “During the difficult period from the 1970s to the early 1990s, the good military performance was largely the result of the highly professional way in which the defence force carried out its tasks, despite it being severely under resourced.” (Lungu & Ngoma, 2005).
(Chewe, 2014) shows that the professionalism of the Zambia troops also has a lot to do with their exposure to high quality military training on CMR.
“Officers have the necessary knowledge gained from Zambia Military Academy, Defence Services Command and Staff College and other institutions of higher learning, from both local and abroad.” (Chewe, 2014)

Trying Times

Zambia’s civil military relations have however, not always been positive. On two occasions the structures of the defence forces and those of the executive have come into compromising situations with the country facing two attempted coup d’etats between 1990 and 1997. “On 30 June 1990, Lt Luchembe Mwamba with others organized a coup d’etat to seize governmental power by military force while President Kaunda was on the Copperbelt to open the International Trade Fair in Ndola… After midday, an announcement was made on Radio Zambia by Grey Zulu, Secretary General of UNIP, that Luchembe Mwamba and the other plotters had been arrested. We concluded that the military takeover had been thwarted.” (Magande, 2018) Some have argued that this attempt was prompted by the political and economic circumstances that where in the country at the time. The few rogue elements sought to take control by undermining existing systems of governance. The second attempt was allegedly much more politically oriented with blame being placed largely on opposition elements which included former President Kenneth Kaunda. In this instance, the plotters seemed to represent less of the people as a whole and more of sectors of society that had been alienated by the new democratic dispensation and its methods of governance.
“The Zambian Government announced … that a coup attempt that lasted a mere three hours had been suppressed without bloodshed and that a handful of military officers had been arrested… Zambian journalists said they knew of no particular animosity between Mr. Chiluba, a former trade unionist, and the military.” (McNeil, 1997)

Theory in Practice

Some scholars like (Chewe, 2014)have argued that Zambia has, in its early years experimented with two contentious systems of CMR. They argue that the early one party state system demanded that the loyalty of the military, as like that of any other sector, be solely to the regime. The appointment of these military personnel to governance positions eliminated the distinguishing element between the two structures. This is typical of the Janowitz theory which states that “officers can still participate in the politics of the nation as military and political tasks are difficult to separate. (Janowitz, 1964).
However, with the introduction of multi-party politics in 1991, the involvement of the military in politics, just like the involvement of politics in the operations of the military, is frowned upon. Several instances where such has taken place have been responded to with a heavy hand from the various state institutions that seek to protect democratic control in politics as well as in the military. “In the Zambia Army, officers are urged to keep away from politics if they are to be called professional officers.” (Chewe, 2014) This view is the one advocated for by (Huntington, 1957).

Conclusion

Zambia can be summarised as a state that has tasted both extremes and has consciously come up with a conclusion on one that works best. It has gone further to put in place structures and institutions that make sure that democratic control is kept enforced and has been made possible by a defence system that is well equipped with the necessary knowledge and training.

Both best practices and learning curves can be adopted from Zambia. “It is interesting to discover that a young country like Zambia has experimented with opposing theories in civil-military relations. What is more fascinating about the Zambian system is that, despite the changing political systems, the Zambia Army remained steadfast and maintained a high level of professionalism.” (Lungu & Ngoma, 2005)

References

1) Chewe, I., 2014. An Examination of Professionalism in the Zambia Army, Fort Leavenworth: U.S. Army Command and General Staff College.
2) Government of the Republic of Zambia, n.d. Chapter 106 The Defence Act, Part I (5). In: The Constitution of the Republic of Zambia. Lusaka: GRZ.
3) Huntington, S. P., 1957. The Soldier and The State: The Theory and Politics of Civil-Military Relations. Cambridge: Harvard University Press.
4) Janowitz, M., 1964. The Professional Soldier: A Social and Political Potrait. London: Collier Macmillan Publishers.
5) Kaunda, K. D., 2017. KK Hails Professional Army, Lusaka: Zambia Daily Mail.
6) Lungu, E., 2019. President Lungu Commends Zambia Army for exemplary conduct, Lusaka: Lusaka Times.
7) Lungu, H. & Ngoma, N., 2005. The Zambia military – trials tribulations and hope, Ndola: Mission Press.
8) Magande, N. P., 2018. The Depth of My Footprints: From the Hills of Namaila to the Global Stage. 1st ed. California : CreateSpace Independent Publishing Platform.
9) McNeil, D. G. J., 1997. Zambia Says a COup Is Over In 3 Hours, Without Injury. [Online]
Available at: https://www.nytmes.com/1997/10/29/world/zambia-says-a-coup-is-over-in-3-hours-without-injury.html
[Accessed 03 September 2019].
10) National Assembly of Zambia, n.d. Committee on National Security and Foreign Affairs. [Online]
Available at: http://www.parliament.gov.zm/node/204 [Accessed 03 September 2019].

Ladies and gentlemen

On behalf of the Commission, I warmly welcome you all to this Media briefing and to the ECZ. We have invited you this morning to provide you with an update on a number of processes the ECZ is undertaking in preparation for the 2021 general elections.

Firstly, I wish to mention that in order to meet the deadlines ahead of the 2021 general elections in view of the Covid-19 Pandemic, the Commission has had to revise its election timetable taking into consideration that the election date is enshrined in the Constitution.

The Commission carried out a critical analysis of the activities and the timeframe ahead of 12 th August 2021 when Zambia is scheduled to hold its general elections.

Allow me to also mention and remind ourselves here that the Commission has a constitutional mandate under Article 229 (2) of the Constitution of Zambia (Amendment) Act No.2 of 2016, to carry out the following functions;

1. Implement the electoral process;
2. Conduct elections and referenda;
3. Register voters;
4. Settle minor electoral disputes, as prescribed;
5. Regulate the conduct of voters and candidates;
6. Accredit observers and election agents, as prescribed;
7. Delimit electoral boundaries; and
8. Perform such other functions as prescribed.

While Covid-19 has posed a challenge not only for elections, but almost every sector of life within and across nations, the Commission would like to ensure that every undertaking is in line with the law, aimed at enhancing the electoral process and delivery of credible elections that meet the aspirations of the Zambian people.

In this regard, it was important for the Commission to appreciate the covid-19 environment, including cross learning from other Electoral Management Bodies (EMBs) within the region and other jurisdictions on possible best practices and how to effectively conduct elections without compromising any of the tenants of a free, fair and credible election.

As a Commission, we are still learning of how to better conduct elections in the new normal environment and remain open to all interested stakeholders to engage with the Commission on issues that may concern them, including clarifications where need be, in a bid to be inclusive and to enhance our electoral process.

May I also take this opportunity to mention that as part of implementation of the Electoral Calendar, the Commission will enhance its engagement with stakeholders (as is the case now with the Media) and has lined up the Political Party Liaison Committee Meeting next week on Tuesday 16 th June 2020, and Civil Society Briefing on Friday 19 th June 2020.

With that said, allow me to provide some key updates as follows:

DELIMITATION

The Commission commenced the Delimitation exercise in all districts across the country from July, 2019 to December 2019. Following a review of the submissions and recommendations from the stakeholders the Commission compiled a Report with recommendations on the number of Constituencies and submitted it to the executive. The Commission awaits feedback on the next step.

PRINTING OF BALLOT PAPERS

In preparation for the 2021 General Elections, the Commission advertised the tender in September, 2019 in line with the Zambia Public Procurement Act, No. 12 of 2008, Section 26 and Part VI of the Public Procurement Regulations (Statutory Instrument No. 63 of 2011) which requires that procurements of high value be conducted through open bidding.

I wish to inform you that the tender process has since been concluded, the two appeals that were before the Zambia Public Procurement Authority were reviewed and the Commission’s evaluation of the best bidder was upheld. In this regard, the tender for the printing of ballot papers for the 2021 general elections has been awarded to Al Ghurair of Dubai, United Arab Emirates.

VOTER REGISTRATION

Ladies and gentlemen, the Commission planned to undertake the registration of voters in May 2020 for 60 days. But due to the Covid-19 pandemic the Commission has had to adjust the activities in the election timetable. Therefore, the commencement of Voter Registration exercise has been rescheduled to October 2020 and it will be undertaken for 30 days. The period of voter registration has reduced to 30 days from 60 due to tight timelines leading to the Elections Day which is enshrined in the Constitution.

3The Commission has reviewed stakeholder concerns and recommendations about its intention to embark on a new register of voters which targets nine million voters. The Commission undertook a thorough analysis of the situation and different scenarios of preparing the register of voters for the 2021 General Elections.

Arising from this analysis, the Commission has concluded that it would be in the best interest of all the stakeholders and the general public for the Commission to undertake a fresh registration of voters whilst ensuring that the current registered voters are still retained on provision that they present themselves for verification, update and capture of additional information required including biometric capture (10 fingerprints and portrait).

Some of the factors considered included:

1. Post 2016 reviews and recommendations from local and international observer missions.
2. Audit of the 2016 Register of Voters whose recommendations included a new Register of Voters for 2021 General Elections.
3. The removal of deceased voters that may not have been declared to the Commission or traced with the available systems for removing them
4. Implementation of the 2019 delimitation recommendations for new electoral boundaries (Constituencies, Wards, and Polling Districts including relocation and renaming of Polling Stations)
5. Improved biometric processing (removal of duplicate records, accurate and faster identification)
6. Accurate Election Planning and Logistics
7. Realistic Voter Turnout statistics
8. Capture an additional estimated 4 million new eligible voters since 2016
9. Enhance Register Integrity and increase stakeholder confidence and credibility of the process and the outcome of the 2021 General Elections.

The Voter Registration exercise will include mobile as well as online voter registration. In this regard, every eligible voter will have to register/verify their details under the new register for the 2021 general elections. As was earlier communicated any by-election that occurs from the time the new registration process commences to a period before the 2021 general elections will be conducted under the current register of voters.

PREPAREDNESS FOR THE 2021 GENERAL ELECTIONS

Allow me to also briefly share with you some of the aspects of the electoral process that the Commission is undertaking in preparation for 2021 General elections.

Procurements of Voter registration and Election materials have reached an advanced stage. The Commission wants to ensure that both security and non-security materials are delivered on time to avert late/delayed delivery of materials to polling stations. Most procurements are currently at contract stage and clearance from the Attorney and Accountant General’s Offices.

The biggest risk the Commission faces is financing which has been adversely impacted as a result of reduced economic activities due to Covid-19 and reduce revenue generation capacity by the treasury. The Commission has continued to engage with the Treasury for funding for the Voter Registration and the 2021 general elections to ensure that we meet our set timelines and we are optimistic this will be attained.

RESULTS MANAGEMENT

The Commission remains resolute towards shortening the time within which Elections Results are announced and declared. As a reminder from our previous briefing, some of the steps undertaken include;

• Converting streams into polling stations. This will avoid aggregation of the election results at stream level and once each stream is treated as a polling station, the Commission will announce the results for the various types of elections without having to aggregate all the streams into the polling station and then announce the results.
• Delimitation – the delimitation will lead to the creation of new wards, and polling stations to decongest the existing ones.
• Satellite devices will be deployed in areas where there is no GSM
  network to enhance the transmission of the results
• Streamlining the process of results verification at the Election Results Centre to enhance efficiency.
• Enhanced Voter Statistics – Provision of disaggregated voter turnout statistics at polling stations to enhance reporting of election results and addressing stakeholder requests.

PRISONERS VOTING

Following the case of Godfrey Malembeka (Prisons Care and Counselling Association – PRISCA) Vs Attorney General and ECZ in which the court held that prisoners’ right to vote should be upheld. This entailed that the Commission in fulfilling the ruling was required to undertake Prisoners Voting for 2021 general elections.

The Commission has made steady progress towards finalization of the guidelines to facilitate for Prison Voting and are expected to conclude this by September 2020 in time for the Voter registration exercise. The next steps will involve consultations with key stakeholders especially Political Parties and non-state actors. However, I should mention that this exercise has been impacted by the Covid-19 pandemic as some of the activities could not be undertaken as planned.

CODE OF CONDUCT ENFORCEMENT REGULATIONS

The Commission has made progress in reviewing the Code of Conduct enforcement regulations to allow it to respond swiftly to acts in breach of the electoral code of conduct. In this regard, the Commission will determine urgent cases that come before it without the cases being brought before the Conflict Management Committee. The revised Code of conduct enforcement regulations will come into effect after being gazetted. We, therefore, call on political parties to strictly adhere to the provisions of the Electoral Code of conduct to avoid disqualification and enhance the the credibility of the elections and countries’ democratic practices.

THE THREE (3) LOCAL GOVERNMENT WARDS

Ladies and gentlemen as you may be aware the Commission recently conducted three (3) local government ward by-elections, two (2) in Mongu, and one (1) in Chilubi which was held on 9th June 2020.

I am pleased to inform you that the nominations and the polls were successfully held in the Local Government by-elections in the Nakato and Imalyo Wards of Mongu Town Council in Western Province and the Bulilo Ward of Chilubi Town Council in Northern Province. We wish to commend all the political parties that participated in the just-ended local government by-elections for the peaceful campaigns. The parties that participated were the Movement for Change and Equity (M4CE), National Restoration Party (NAREP), Patriotic Front (PF), and the United Party for National Development (UPND).

In addition to this, we have 11 Local Government by-elections scheduled for July 2020.

In conclusion, I wish to thank the media for the role you are playing in our electoral process.

With these few words, I thank you and God bless you all.