The Technical Committee specially established to spearhead the process for the operationalization of prisoners right to vote has made recommendations for amendments to the Electoral Process Act, the Electoral Commission of Zambia Act as well as the Zambia Correctional Service’s Commissioner Generals Standing Orders to bring into effect the ruling by the Constitutional Court that prisoners be allowed to vote in elections..
In a speech read on behalf of Zambia Law Development Commission Chairperson, Justice Roydah Kaoma, the Vice Chairperson Mr. Shilambwe Mwaanga said that the operationalization of prisoners’ right to vote comes from the Constitutional Court ruling in the case of Godfrey Malembeka v. the Attorney General and the Electoral Commission of Zambia. It was held that persons in lawful custody and those whose freedom of movement is restricted under any written law have the right to vote in future elections.
Meanwhile, Chairperson of the Electoral Commission of Zambia, Justice Esau Chulu in a speech read on his behalf by the Commission Vice Chairperson Dr. Emily Sikazwe said that the Commission was pleased to note that participants had come to take part in the consultative meeting adding that the Commission embarked on the review of the Electoral Process Act No. 35 of 2016, and the Electoral Process (Amendment) Bill which was developed.
Justice Chulu noted also that the Technical Committee has so far carried out activities which include; a mapping exercise of correctional facilities across the country; a virtual comparative study with countries like South Africa, Namibia, Kenya and Lesotho to learn how other jurisdictions that allow persons in lawful custody to vote implement this; and legislative audit and drafting.
And Justice Chulu revealed that the 2020 Voter Registration exercise will be held from 28th October to 30th November, 2020, in line with Article 229 (2) of the Constitution, which empowers the Commission to implement the electoral process.
The consultative meeting was held at Mulungushi International Conference Centre from 5th -6th October, 2020.
After a two-day consultative meeting whose participants included political parties and civil society organisations. The participants resolved that political parties should be allowed to conduct campaigns in prisons. However, the participants expressed concerns on how the campaigns will be conducted in the correctional centres as well as the accessibility of the facilities. They also expressed concern on how the campaign materials will be shared with the inmates.
Zambia Law Development Commission Director, Hope Chanda clarified that there were still more consultations going on concerning the voting among persons in lawful custody.
Speaking at the same event Electoral Commission of Zambia ,Vice Chairperson Dr. Emily Sikazwe expressed happiness at the stakeholders who participated in the consultative meeting stating that the ECZ will continue to seek views of all the stakeholders in order to build consensus on the operationalisation of prisoners’ right to vote is actualised.