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The Crucial Nexus in Electoral Reform: The Significance of the Political Parties Bill for the 2026 Elections and Subsequent Governance

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By Mweemba Chuulu & Godfrey Chuulu

14th December, 2025.

1. Introduction

As Zambia approaches the 2026 General Elections, the urgent need for a comprehensive legislative framework governing political party financing has become increasingly apparent. Despite the mandate imposed by Article 60 of the Constitution of Zambia (the Constitution) which obligates Parliament to enact legislation for the registration, funding, and accountability of political parties, such measures remain conspicuously absent. This legislative deficiency has created a constitutional and democratic vacuum, allowing political parties to operate without transparent financial oversight, thus undermining the principles of equality, integrity, and good governance enshrined in Articles 8 and 45 of the Constitution. Recent findings from Transparency International Zambia (TI-Z, 2024) reveal that the financial barriers to contesting public office have escalated to prohibitive levels, systematically excluding youth, women, and economically marginalized citizens from political discourse. This article contends that the proposed Political Parties Bill is crucial for Zambia’s electoral reform. The discourse draws upon the experiences of Ghana, South Africa, and Kenya, it demonstrates how regulating political party financing can significantly enhance transparency, equity, and the tenets of constitutional democracy.

2. The Cost of Politics in Zambia

A 2024 report by Transparency International Zambia (TI-Z), titled Elections and Money: Perspectives from Members of Parliament in Zambia, reveals that the average expenditure required to secure a parliamentary seat during the 2021 general elections was approximately ZMW 3.8 million. Notably, the predominant portion of this expenditure, approximately 55% was allocated during the pre-adoption phase, wherein aspirants vie for party endorsement.
The campaign phase accounted for roughly 18.4% of the total expenditure, while nomination and post-election costs constituted the remainder. The report indicates a pronounced disparity in spending, with male candidates generally outpacing their female and younger counterparts, primarily attributable to superior access to financial networks. This financial barrier perpetuates elite dominance and significantly constrains meaningful participation in governance.
TI-Z (2024) concludes that Zambia’s unregulated political milieu has transformed electoral participation into a contest of affluence rather than a contest of ideas, thereby eroding public trust and undermining democratic inclusivity. These findings underscore the pressing necessity for statutory mechanisms that promote financial transparency and equitable participation in the political process.


3. The Constitution and Legal Framework

The Constitution of Zambia specifically under Article 60(4), imposes a definitive constitutional obligation upon Parliament to enact legislation that regulates the registration, funding, and operational functioning of political parties, establishes mechanisms for accountability and transparency in party operations, and ensures that political parties adhere to national values and principles as enshrined in Article 8. Nearly a decade has elapsed since the introduction of this obligation, yet it remains unfulfilled. While the Electoral Process Act No. 35 of 2016 (hereinafter referred to as ‘the electoral Act’) governs the administration of elections including nominations, voting procedures, and dispute resolution, it notably lacks a framework for the oversight or regulation of political party financing, internal party democracy, or the sources of campaign funds.
The absence of such provisions has engendered a regulatory vacuum that permits political parties to raise and expend funds without requisite disclosure, audit, or limitation. As noted by Transparency International Zambia (2024), this gap has facilitated opaque campaign financing, the misuse of state resources, and the entrenchment of elite political dominance. This legislative omission fundamentally undermines the constitutional intent of Article 60, which envisions a legal regime wherein political parties operate transparently, are financially accountable, and adhere to principles of integrity and equality. Until Parliament enacts the Political Parties Bill, Zambia’s democratic architecture will remain incomplete, and the Electoral Commission of Zambia (ECZ) will lack the statutory authority to monitor or sanction irregularities in political funding.

4. Comparative Perspectives

The discourse now shifts to examine how certain African countries have addressed the issue of political party financing, specifically focusing on the regulatory frameworks in Ghana, South Africa, and Kenya. This analysis underscores the effectiveness of these countries' regulations on political party financing in promoting transparency, accountability, and democratic integrity. The aim is to identify best practices that Zambia could adopt to enhance its political financing landscape, thereby promoting fair competition and public trust in the electoral process.

4.1 Ghana: Transparency and Accountability in Party Financing

Ghana’s Political Parties Act, 2000 (Act 574) provides a comprehensive legislative blueprint for regulating political parties. Under Section 13, parties have an obligation of declaring their assets, liabilities, and sources of funds within 90 days of registration. In addition, Section 21 requires parties to submit annual audited accounts to the Electoral Commission, detailing income and expenditure, while Section 23 prohibits foreign donations and restricts funding to citizens or citizen-owned entities. Moreover, the Electoral Commission of Ghana has statutory authority under Section 22 to inspect party accounts, order audits, and cancel registration for non-compliance. This system ensures financial transparency, strengthens accountability, and prevents undue foreign influence. Ghana’s legislative and enforcement of party funding obligations ensures that there is fair competition, internal democracy, and public trust elements currently missing in Zambia’s political skeleton.
If Zambia was to adopt similar provisions in its proposed Political Parties Bill, it would operationalize Article 60 and curb the monetization of politics highlighted by TI-Z (2024).

4.2 South Africa: Institutionalizing Public and Private Funding Oversight

South Africa’s Political Party Funding Act, 2018 (Act No. 6 of 2018) institutionalizes the regulation of both public and private political funding. Section 3 establishes two key funds managed by the Electoral Commission namely: the Represented Political Parties Fund, which allocates public funds equitably among parties represented in Parliament and provincial legislatures, and the Multi-Party Democracy Fund, which channels private donations under strict disclosure requirements. Under Sections 7 and 8, parties are required to disclose all donations above a prescribed threshold and maintain dedicated bank accounts. Section 9 prohibits foreign and state-owned enterprise contributions, while Section 10 limits the maximum private donation a party may receive annually. Violations to these provisions attract administrative penalties under Section 11, ensuring compliance and transparency. This dual-fund approach has boosted financial integrity and inclusivity in South Africa’s multiparty democracy.
In the same vein, Zambia could adopt a similar system to ensure that public funding promotes equality, while private funding remains transparent and accountable.

4.3 Kenya: Entrenching Party Regulation and Democratic Accountability

Kenya’s Political Parties Act, 2011 (Revised 2022 Edition), enacted under Articles 91 and 92 of the Constitution of Kenya (2010), provides a comprehensive foundation for registration, governance, and funding of political parties. Section 23 establishes a Political Parties Fund, allocating not less than 0.3% of national revenue annually to registered political parties. The Fund’s distribution, as set out in Section 25, is based on parliamentary representation, gender balance, and representation of marginalized groups. Sections 28–31 impose strict financial disclosure and audit obligations, requiring parties to submit annual audited accounts to the Registrar of Political Parties and the Auditor General. The law also prohibits foreign donations (Section 28) and caps private contributions at 5% of the party’s total expenditure. Through these devices, Kenya has strengthened party accountability, improved inclusivity, and curtailed the influence of money in politics.
Equally, Zambia’s Political Parties Bill could draw from these provisions by establishing a Party Fund, mandating annual audits, and creating an independent oversight body similar to Kenya’s Registrar of Political Parties.

4.4 Relevance to Zambia

The experiences of Ghana, South Africa, and Kenya collectively indicates that effective political party legislation promotes transparency, equality, and credibility in electoral processes. Each model places emphasis on the requirement for mandatory financial disclosure and auditing, prohibition of foreign or excessive private donations, public funding mechanisms to promote fair competition, and independent oversight institutions to enforce compliance. Zambia’s proposed Political Parties Bill should therefore incorporate these standards to give full effect to Article 60(4) and strengthen constitutional democracy. As TI-Z (2024) warns, failure to regulate party funding perpetuates financial opacity, corruption, and electoral inequality, compromising the legitimacy of future elections.

5. Implications for Zambia’s 2026 Elections

Zambia heads to the polls in 2026, with campaigns slated for around May 2026. Following the above discussion, if Zambia enters the 2026 General Elections without a Political Parties Act, several constitutional and democratic risks will persist. Among them:
- Entrenched inequality, as financial capacity continues to determine political viability across various elective positions.
- Increased corruption, with candidates seeking illicit funds or exploiting public resources in order to fund their campaigns.
- Policy capture, where financiers influence governance outcomes in a bid to recover their funds.
- Public mistrust, eroding faith in democratic institutions among others.
The Political Parties Bill, if enacted, would close these gaps by establishing a legal and institutional mechanism for regulating political finance, enforcing accountability, and promoting fair competition in the political arena.

6. Recommendations
1. Enact the Political Parties Bill before the 2026 elections to operationalize Article 60(4) of the Constitution.
2. Establish a Political Parties Fund, similar to Kenya’s and South Africa’s models to support equitable public financing.
3. Mandate annual audited reports for all registered political parties and empower the ECZ or Auditor General to inspect records.
4. Prohibit foreign funding and cap private donations to prevent external influence.
5. Promote inclusion by providing targeted support to women, youth, and persons with disabilities.
6. Impose spending ceilings and disclosure rules to reduce the cost of politics and enhance transparency.


7. Conclusion

The Political Parties Bill is a crucial legislative initiative essential for preserving and enhancing Zambia's democratic system. As highlighted by Transparency International Zambia (TI-Z, 2024), the exorbitant costs associated with elections reveal the detrimental effects of unregulated political financing, undermining equality, transparency, and good governance. To fortify Zambia's democratic processes, it is imperative to adopt best practices from the above discussed legislative systems such as Ghana’s Act 574, South Africa’s Act 6 of 2018, and Kenya’s Act 11 of 2011. If a comprehensive regulatory framework is implemented for political financing, it will significantly empower oversight institutions and restore electoral integrity in our country. With the 2026 elections on the horizon, it is critical that these elections reflect the democratic will of the people rather than the influence of wealth. Therefore, Parliament must urgently enact the Political Parties Bill, marking a significant step toward achieving a transparent and accountable multiparty democracy in Zambia and fulfilling the constitutional obligation to uphold democratic values.


ABOUT THE AUTHORS 


Godfrey Chuulu holds an LL.B Degree from The University of Zambia. He writes this in his personal capacity. 




Mweemba Chuulu is a second-year student at The University of Zambia in the School of Law. He is an author at Amulufeblog.com. He writes this in his personal capacity. 


DISCLAIMER The views expressed in this article are solely mine and do not represent any organisation with which I am affiliated. The views and opinions presented in this article or multimedia content are solely those of the author(s) and may not represent the opinions or stance of Amulufeblog.com.

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