JOINT CIVIL SOCIETY ORGANISATIONS Open Letter on the Rule of Law and Constitutional Governance in Zambia Monday, 21st September 2026

The Attorney-General Ministry of Justice Office of the Attorney-General

P.O. Box 50106 Ridgeway, Lusaka

Attention: Mr. Mulilo Kabesha SC

Dear Learned Attorney-General,

OPEN LETTER IN RESPONSE TO THE OFFICE OF THE ATTORNEY-GENERAL’S STATEMENT OF 16TH SEPTEMBER, 2026

We write on behalf of the Joint Civil Society Organisations (“Joint CSOs”) in response to the Office of the Attorney-General’s statement of 16th September 2026 posted publicly on the Zambian Ministry of Information Facebook page, addressing our press statement of 14th September, 2026 on the breakdown in the rule of law in the Republic.

We thank the Learned the Attorney-General for his leadership and for his considered response and welcome this exchange in the spirit of the constructive, good-faith engagement that our own statement called for.

1. Our assertions are not speculative
   We note the Office’s characterisation of our concerns as “sweeping,” “inflammatory,” and unsupported by evidence. We must, respectfully but firmly, correct that characterisation. The concerns raised in our statement of 14th September 2026 are
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   not the isolated views of the Joint CSOs alone. They are corroborated by local and international election observer missions, by regional and international Bar Associations, by international human rights organisations, and by the United Nations Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association. These are independent, credible bodies with long-standing mandates to monitor precisely the kind of institutional conduct we have raised concern about, and their assessments cannot fairly be dismissed as “contested accounts” or “untested allegations.” We would welcome the opportunity to share the relevant reporting and correspondence from these bodies with the Office of the Attorney-General as part of the dialogue proposed below.

1. On sub judice and institutional independence
   We take note of the Office’s position on sub judice in relation to matters before the courts, and we reaffirm our own respect for the independence of the Judiciary and for due process. Our statement was not intended to prejudge the outcome of any matter before the courts. It was intended to raise, in the public interest, concerns about the surrounding institutional conduct, including the independence and impartiality of the Judiciary, the Electoral Commission of Zambia, the Defence Force and lawenforcement agencies, which is a matter properly within the remit of civil society oversight and is distinct from adjudicating the merits of any individual case.
2. We welcome the commitment to dialogue
   We welcome, without reservation, the Government’s stated commitment to constructive and inclusive engagement with political parties, civil society organisations, faith-based organisations, professional bodies and other stakeholders. This is precisely the spirit in which our original statement called for peace, restraint and dialogue, and we are encouraged that the Office of the Attorney-General shares that view.
3. In support of the Archbishop of Chipata’s call
   In this regard, we associate ourselves fully with the Pastoral Statement issued by the Archbishop of Chipata, George Lungu, on 15th September 2026, calling for dialogue that upholds the national and constitutional values of “human dignity, the rule of law, access to justice, freedom of expression, responsible political participation, accountability, and the legitimate rights of every citizen.” We echo the Archbishop’s
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   call as one that asks all of us, Government and civil society alike, to put country above self. It is in that spirit, and not one of confrontation, that our original statement and this response are offered.
4. Next steps
   We accordingly await, with genuine anticipation, the details of the proposed dialogue, including its format, participants and timing, so that the Joint CSOs may engage constructively and in good faith towards resolving the democratic and political impasse currently facing the country. We remain firmly committed to the constitutional order, to the rule of law, and to a Zambia in which the concerns of citizens and civil society are heard, tested, and addressed through legitimate and lawful means.
5. Proposed agenda
   I. Representation – who sits at the table
   Government (Office of the Attorney-General and designated Ministries); Joint CSOs and other civil society coalitions; opposition and ruling party representatives; the Law Association of Zambia and other professional bodies; faith-based organisations (ZCCB, CCZ, EFZ); the House of Chiefs; national human rights/electoral oversight institutions; and local and international election observer missions, as observers.
   II. Safeguards for a credible process
   • Each constituency nominates its own representatives — no party selects for another.
   • Published participant list, issued before the first session.
   • Parity between Government and non-state participants; independent, mutually agreed facilitator.
   • Written terms of reference and rules of procedure, adopted at session one.
   • Public reporting after each session; without prejudice to matters before the courts.
   III. Substantive items
6. Cancellation of passports: review of section 12 Passport Act use and effective access to the section 18 appeal. 2. Arrests, treason, and sedition charges: provide amnesty for political prisoners where appropriate and provide principles on lawenforcement conduct and timely legal representation. 3. Ensuring Independence of
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   the Judiciary, ECZ, Defence Force, and law-enforcement agencies. 4. Freedom of assembly, association and expression, in light of the UN Special Rapporteur’s concerns. 5. a public joint commitment by political actors on political tolerance and prevention of violence. 6. A standing mechanism for continued engagement, not a single meeting.
   IV. Definitive steps forward
   • Day 7: participant list and terms of reference agreed.
   • Day 14: first plenary: agenda and rules of procedure adopted.
   • Day 30: substantive sessions on each item, with written outcomes recorded.
   • Day 45: joint public statement on agreed outcomes and an implementation schedule.
   • Thereafter: periodic joint review sessions to monitor implementation in good faith.

We agree with Bishop Lungu that the way forward is to remove the dialogue from public platforms to dialogue behind closed doors. Learned Attorney-General, we thank you once again for showing leadership and look forward to your Office’s prompt response regarding the proposed engagement.
Yours faithfully,

Fr. Gabriel Mapulanga
Executive Director, Caritas Zambia

On behalf of the Joint Civil Society Organisations

Advocates for Democratic Governance Foundation
Caritas Zambia
Chapter One Foundation
Free Press Initiative Zambia
LCK Freedom Foundation
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