By STANSLOUS NGOSA –
THE law on pulling down or defacing political campaign posters is clear.
However, it is difficult to understand why the vice has continued with impunity.
Statutory Instrument No 52 0f 2011, Act no 12 0f 2006, states that to deface, remove or destroy campaign materials of another political party or publication of the Commission (being the Electoral Commission of Zambia – ECZ – in this case) is an offence.
But what is obtaining is contrary and so far nobody has been arrested.
This is despite reminders and warnings from the political parties, police and the ECZ that rival political parties or their candidates should not tamper with the posters.
Inspector General of Police Kakoma Kanganja is on record for warning political party cadres to desist from pulling down or defacing the campaign posters failure to which they would face the law.
Mr Kanganja warned cadres to desist from removing or defacing campaign materials as that constituted an offence under the Electoral Act which warranted prosecution of the culprits.
ECZ Public Relations Manager, Cris Akufuna said political party cadres should stop pulling down posters because it is against the law and the Electoral Code of Conduct.
Mr Akufuna urged political parties to educate their carders on the legal implications of pulling down campaign materials.
The two rival parties, Patriotic Front (PF) and United Party for National Development (UPND) have equally warned their members to stop the vice but to no avail.
PF Secretary General Davies Chama and his UPND counterpart Stephen Katuka observed in separate interviews that pulling down of campaign posters and billboards was a recipe for violence.
Mr Chama and Mr Katuka’s remarks come in the wake of continued destruction of PF and UPND campaign posters and billboards in Lusaka and other parts of the country.
Mr Katuka said the UPND leadership did not condone  cadres pulling down its rivals’ campaign posters and billboards as the vice was against the Electoral Code of Conduct and had potential to fuel violence.
Mr Katuka said the UPND had spent colossal sums of money on printing campaign posters and on the erection of billboards.
“Putting up campaign posters and billboards has cost the party close to K1 billion, which is even more expensive than the campaign itself.
We therefore strongly condemn the barbaric act, which is not good for the well-being of the country,” he said.
Mr Katuka accused PF cadres of vandalising UPND campaign posters and billboards at night and for perpetuating Thursday’s fracas at the opposition party’s secretariat.
He has since urged Zambians not to take the peace the country has enjoyed since independence for granted, but that the people of Zambia should safeguard the peace by desisting from acts of violence.
Mr Chama said the PF leadership equally did not tolerate the tampering of opposition political parties’ campaign materials by its cadres as the ruling party wanted the general elections to be conducted in a
peaceful atmosphere.
However, Mr Chama alleged that there was a possibility that some opposition campaign posters and billboards were being tampered with by their own cadres who are then turning round to blame the ruling party for that.
“Our appeal to everybody is that please, people should not vandalise posters. In the same vein, we don’t want our posters to be vandalised and we are appealing to people to be civil and observe the Electoral Code of Conduct, which does not allow removal of posters of rival political parties.
“We want these elections to be peaceful and thus we are appealing to the members of the public, both our members and those in the opposition, not to engage in acts which are illegal because they are tantamount to provocation,” he said.
Some electorates talked to said defacing the posters or billboards were not only flouting the Electoral Act but also an eyesore.
Richard Sikanyika of Lusaka’s Kabwata Site and Service said it was sad that cadres did not appreciate the role of campaign posters or billboards.
“They do not realise that the campaign materials carry information which should help the voter make an informed decision by voting for the preferred candidates,” Mr Sikanyika said
Nelly Mwaba of Kamwala South said destroying campaign posters or billboards frustrates the spirit of free and fair elections because the electorate could not have voted wisely due to distorted campaign
messages.
Ms Mwaba, who witnessed the burning of campaign material in her area, said she could not report the people to the police because she was scared she could be attacked by the cadres.
“Am aware of my responsibility as a citizen that I can apply a citizen’s arrest but I was afraid of the cadres who are wielding all sorts of weapons,” Ms Mwaba said.
Ms Mwaba said cadres moving with fire arms and sometimes shooting, is reason enough why somebody cannot risk their life to apply a citizen’s arrest.
She said it was the more reason why some cadres were not arrested for pulling down or defacing the campaign posters or materials because they are armed.
“Imagine what would happen if two rivalry parties found cadres from one political party pulling down or defacing their poster; it would be war; they would kill each other,” she said.
However, it is not only the police or security wings of the Government that are supposed to ensure sanity in society but also the citizens.
Political parties should continue to educate their carders on the legal implications of pulling down campaign materials.
It is understood that there is anxiety among political players during the period of elections but that is not the reason why cadres should misbehave because no one is above the law.
Cadres ought to remember that all political parties have placed value on their materials and have made huge investments in this area; therefore it is unfair for someone to destroy the posters.
Equally important is that parties putting up political materials should bear in mind where they place such materials, for example it is wrong to place materials on private property or billboard without
getting permission, from the owner, as they have the right to pull them down.
It is therefore prudent to ensure that campaign materials are placed in rightful places.
Being a country that is regulated by laws, Zambia has adequate laws that regulate the conduct of political players as they go about their political activities and these include the Public Order Act, the Electoral Act and the Penal Code among others.
It is therefore imperative that people are reminded on how they should conduct themselves before, during and after elections.
Now that campaigns are on, there is need for all political parties taking part in the forthcoming elections to respect one another’s activities.
The Zambia Police Service should be impartial and not take the side of any political party during this period of campaigns.