Presidency denies Hichilema ordered court closure, cites security assessments

State House has denied claims that President Hakainde Hichilema ordered the closure of courts on Monday to block opposition election petitions, saying the Judiciary was independent and that the President had no authority over court filings.

On Monday, Inspector General of Police Graphel Musamba defended the closure of courts as it faced growing criticisms by civil society groups over its action.

Musamba said they were conducting security risk assessments at selected key government premises across the country in collaboration with other law enforcement and security agencies.

“The assessments targeted institutions under the Ministry of Justice, Ministry of Home Affairs and Internal Security, the National Prosecution Authority, the Attorney General’s Chambers, and other selected government departments,” he said.

In support of Musamba’s statement, State House Chief Communications Specialist Clayson Hamasaka said the allegation was “inconsistent with both the constitutional order and the available facts.”

“President Hichilema is not only a firm believer in good governance and the rule of law, but equally in the principle of the separation of powers. The Judiciary is an independent arm of the State, and the President has neither the constitutional authority nor the power to determine when, how or from whom the courts receive filings,” he said

Hamasaka linked the disruption to nationwide security operations confirmed by the Inspector General of Police.

“As the Inspector General of Police has publicly confirmed, security risk assessments were being carried out at selected key Government premises across the country, including institutions under the Ministry of Justice, the Ministry of Home Affairs and Internal Security, the National Prosecution Authority and the Attorney General’s Chambers,” he said.

Hamasaka described the measures as “intelligence-led and preventive, aimed at safeguarding Government institutions, public officers and members of the public accessing those premises.”

He argued that because the assessments covered several arms of government, it was unreasonable to present them as targeting a single litigant.

“The operations were not directed at the Judiciary alone. A precautionary measure applied across several arms and departments of Government cannot reasonably be presented as an operation aimed at a single litigant,” Hamasaka stated.

He also cited precedent, noting that court business had been suspended before for public safety reasons, including during the COVID-19 pandemic.

“Nor is the suspension of court operations without precedent. Court business in Zambia has been suspended before for reasons entirely unconnected to any matter pending before the courts. On each occasion the suspension was an administrative response to conditions on the ground,” he said.

On timing, Hamasaka said the ECZ declared the presidential result on Tuesday, 18th August 2026, and that courts sat and received filings in the days after with no presidential petition lodged.

He said the law fixes the outer limit of the filing period and did not require a petitioner to wait until its final hours to approach the court, further challenging those alleging interference to provide proof.

“If a petition was genuinely prepared but prevented from being filed, those making that claim should produce it, together with evidence of when and how an attempt was made to lodge it. Serious allegations against constitutional institutions require serious evidence,” Hamasaka said.

He further warned against conflating security access measures with denial of justice, saying “the courts remain open to those who invoke them.”

Hamasaka also accused some critics of inconsistency, saying some who now seek the protection of those same courts have previously fled the country or sought refuge in foreign jurisdictions when summoned to appear before them.

He said the election was over and those with grievances should use legal channels.

“The election is over. Those with legitimate grievances are entitled to pursue every remedy the law provides, and Government will not stand in their way. Political disappointment, however, cannot justify attributing the decisions of independent institutions to the Head of State,” Hamasaka stated.

He said President Hichilema respected the constitutional independence of Zambia’s institutions and would continue to do so emphasizing the need for Zambia to now move forward peacefully, constitutionally and together.

Earlier, the Law Association of Zambia had called for the immediate restoration of access to courts following the closure of superior courts in Lusaka and the deployment of heavily armed military personnel around court premises.

LAZ president, Arnold Kaluba, expressed concern over the shutdown, which occurred without a formal public explanation on the reasons, scope, or duration of the closure.

“The closure has occurred in the absence, at the time of issuing this statement, of a formal public explanation setting out the reasons for the closure, its geographical scope, its expected duration and the arrangements in place to ensure continued access to justice,” he stated.

Kaluba’s sentiments were supported by the NGOCC Board Chairperson Beauty Katebe who said the wanton, unprecedented and unexplained action had rendered the Court of law inaccessible to members of the public, with no timeline given for their reopening.

“The timing of this closure has conveniently coincided with the constitutionally mandated seven-day window within which an aggrieved candidate may file a presidential election petition,” Katebe stated.

This was also echoed by Transparency International Zambia Executive Director Maurice Nyambe who stated that the unsigned memorandum directing staff not to report for work on grounds of “security concerns” was troubling given the post-election period.

“At a time of political tension, the State should be encouraging political actors to seek judicial redress rather than creating obstacles. The vague justification of “security concerns” constitutes an obstruction of access to justice, Nyambe stated.

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