Can an Election Be Democratic If the Courthouse Is Closed?

Zambia’s election dispute reached a courthouse door that would not open.

President Hakainde Hichilema was declared the winner of the 13 August election with about 60% of the vote. Opposition leader Brian Mundubile, who received about 38%, said he intended to challenge the result.

On Monday—the final day for filing such a petition—Zambia’s Supreme Court and Constitutional Court were closed. A judiciary memorandum cited security reasons, and police were visible behind the gates. Lawyers and civil-society groups warned that the timing threatened the constitutional right to challenge an election.

Later in the week, Mundubile surrendered to police after sheltering at a United Nations building. Police said he and his running mate were being held for questioning over alleged treason. The allegation is not a conviction. Hichilema has denied electoral fraud.

Those qualifications matter. TDC cannot decide Zambia’s election dispute from Cape Town. But no position on the result resolves the question created by the closure.

A court that cannot be reached at the deadline is not an available remedy.

Scripture

Israel is commanded to appoint judges, refuse partiality and pursue justice—because public life requires more than rulers who claim to be right.

Deuteronomy 16:18–20

Democracy does not promise that every challenge will succeed. It promises that power may be tested through institutions stronger than the people currently holding it. Security can justify careful measures. It cannot become a phrase that removes the lawful place where consent is examined.

Christians should recognise another warning. Jesus was condemned through proceedings that retained legal form while bending toward political convenience. The existence of a process does not prove that a person received justice.

That standard must apply regardless of which party wins. Defending a challenger’s access to court is not endorsing the challenge; it is defending the institution capable of rejecting or confirming it lawfully.

South Africa and the wider SADC region have an interest in more than a peaceful inauguration. We need courts that remain reachable, allegations tested with evidence, accused people protected by due process and winners secure enough to permit scrutiny.

An election produces a result. Democratic legitimacy also depends on what the winner allows to happen next.