CHAPTER 13 - ELECTORAL ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Electoral Petition Rules

Electoral (Code of Conduct) Regulations

Electoral (Conduct) Regulations

Electoral Act (Commencement) Order

Electoral (General Elections) (Date of Poll) (Declaration) Order

Electoral (Presidential Elections) (Nomination Dates and Times of Poll) Order

Electoral (Voter Education) Regulations

Electoral (Registration of Voters) Regulations

Electoral (General Elections) (Date of Poll) (Declaration) Order

National Assembly Elections (Postponement) of Election Dates and Times of Poll) Order

Electoral (Presidential Elections) Regulations

Presidential Elections (Election Dates and Times of Poll) Order

Presidential Elections (Election Dates and Times of Poll) Order

Presidential Elections (Election Dates and Times of Poll) Order

Electoral (Presidential Elections) (Election Dates and Times of Poll) Order

Electoral (General) Regulations

National Assembly By-Elections (No. 143 Mongu Constituency) (Election Dates nd Times of Poll) Order

National Assembly General Elections (Election Dates and Times of Poll) Order

National Assembly By-Election (No. 130 Itezhi-Tezhi Constituency) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Mumbezhi Constituency No. 09, Petauke Constituency No. 055 and Zambezi East Constituency No. 113) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Muchinga Constitutency No. 013) (Election Dates and Time of Poll) Order

National Assembly By-Elections (Pemba Constituency No. 117) (Election Dates and Times of Poll) Order,

National Assembly By-Elections (Nalikwanda Constituency No. 144 and Nalolo Constituency No.145) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Mazabuka Constituency No. 124) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Mbabala Constituency No. 116 and Mfuwe Constituency No. 99) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Mumbwa Constituency No. 10) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Mufumbwe) Constituency No. 107) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Sesheke Constituency No. 150) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Kalulushi Constituency No. 018, Luanshya Constituency No. 024, Chifubu Constituency No. 035, Kawambwa Constituency No. 088, Lukashya Constituency No. 091, Pemba Constituency No.117) (Election Dates and Times of Poll Order

National Assembly By-Elections (Sikongo Constituency No.136) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Mwandi Constituency No. 149) (Election Dates and Times af Poll) Order

National Assembly By-Elections (Chawama Constituency No. 075) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Isoka East Constituency No. 85 and Kabwata Constituency No. 76) (Election Dates and Times of Poll) Order

National Assembly (Election Dates and Times of Poll) Order

National Assembly By-Elections (Lufwanyama Constituency) No. 030 (Election Dates and Times of Poll) Order

National Assembly By-Elections (Bwacha Constituency) No. 004, Kabwe Central Constituency No. 005 and Mwandi Constituency No. 149) (Election Dates and Times of Poll) Order

National Assembly By-elections (Mwandi constituency No. 149) (Election Dates and Times of Poll), Order

National Assembly By-Elections (Keembe Constituency No. 003) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Lukulu East Constituency No. 140) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Solwezi Central constituency No. 112, Kaoma Central Constituency No. 137 and Kantanshi Constituency No. 027) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Msanzala Constituency No. 054) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Mulobezi Constituency No. 148, Mpika Central Constituency No. 100 and Mwinilunga East Constituency No. 108) (Election Date and Times of Poll) Order

National Assembly By-Elections (Kantanshi Constituency No. 027) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Mapatizya Constituency No. 122 and Kalulushi Constituency No. 18) (Elections Dates and Times of Poll) (No. 2) Order

National Assembly By-Elections (Roan Constituency No. 25 Chama South Constituency No. 40 and Milanzi Constituency No. 45) (Election Dates and Times of Poll) (No. 3) Order

National Assembly By-Elections (Mporokoso Constituency No. 102) (Election Dates and Times of Poll) Order

Electoral (National Assembly Elections) (Nomination Date and Times of Poll) (No. 2) Order

National Assembly By-Elections (Liuwa Constituency No. 135) (Election Dates and Times of Poll) Order

National Assembly By-Election (Kapoche Constituency No. 53) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Nchanga Constituency No. 17) (Election Dates and Times of Poll) (No. 2) Order

National Assembly By-Elections (Kanyama Constituency No. 77) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Milanzi Constituency No. 45) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Kanchibiya Constituency No. 98) (Election Dates and Times of Poll) (No. 3) Order

National Assembly By-Elections (Mwansabombwe Constituency No. 057) (Election Dates and Times of Poll) (Revocation) Order

National Assembly By-Elections (Mwansabombwe Constituency No. 057 and Ndola Central No. 036) (Election Date and Times of Poll) Order

National Assembly By-Elections (Chitambo) Constituency No. 12) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Kasama Central Constituency No. 090) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Solwezi Central Constituency No. 110) (Election Dates and Time of Poll) (No. 3) Order

National Assembly By-Elections (Milanzi Constituency No. 45) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Mufumbwe Constituency No. 107) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Chifubu Constituency No. 034 and Luena Constituency No. 142) (Election Dates and Times of Poll) Order

National Assemble By-Elections (Chilanga Constituency No. 072) (Election Dates and Times of Poll) (No.4) Order

National Assembly By-Elections (Chilanga Constituency No. 072) (Mpulungu Constituency No. 096) (Election Dates and Times of Poll) (No. 5) Order

National Assembly By-Elections (Chilanga Constituency No. 072) (Mpulungu Constituency No. 096) (Election Dates and Times of Poll) (No.6) Order

National Assembly By-Elections (Mporokoso Constituency No. 102) (Election Dates and Times of Poll) Order

National Assembly Elections (General Elections) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Msanzala Constituency No. 054) (Election Dates and Times of Poll) (No. 2) Order

National Assembly By-Elections (Livingstone Constituency No. 123, Chama North Constituency No. 039 and Muchinga Constituency No. 013) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Mufumbwe Constituency No. 107) (Elections Dates and Times of Poll) Order

National Assembly By-Elections (Mpongwe Constituency No. 032) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Lukulu West Constituency No.141 and kapirt Mposhi Constituency No. 06) (Election Dates and times of Poll) Order

National Assembly Elections (Livingstone Central Constituency) ( Postponement of Election Dates and Times of Poll) Order

National Assembly By-Election (Feira Constituency No. 071) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Mkaika Constituency No. 046) (Election Dates and Times of Poll) (No. 8) Order

National Assembly Elections (General Elections) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Mkushi North Constituency No. 07, Kafulafuta Constituency No. 029, Solvvezi East Constituency No. Ill and Chipata Central Constituency No. 042) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Petauke Central Constituency No. 55) (Election Dates and Times of Poll) (No. 9) Order

National Assembly By-Elections (Vubwi Constituency No. 38 and Zambezi West Constituency No. 114) (Election Dates and Times of Poll) Order

National Assembly By-Election (Malambo Constituency No. 51 and Mulobezi Constituency No. 148) (Election Dates and Times of Poll) Order

National Assembly By-Elections (Katuba Constituency No. 002, Mkushi South Cunstituency No. 008 and Solwezi Central Constituency No. 110) (Election Dates And Times Of Poll) Order

National Assembly By-Elections (Kasenengwa Constituency No. 43) (Election Dates and Times of Poll) (Revocation) Order

National Assembly By-elections (Malambo Constituency no. 51, Petauke Central Constituency no. 55 and Mulobezi Constituency no. 148) (Election Dates and Times of poll) Order, 2013

ELECTORAL PETITION RULES

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

Arrangement of Rules

   Rule

   1.   Title

   2.   Election petition

   3.   Petition to be in paragraphs

   4.   Petition to state right of petitioner, etc.

   5.   Prayer

   6.   Evidence

   7.   Service of petition

   8.   Addresses

   9.   Security for costs

   10.   Time and place of hearing

   11.   Notice of intention to withdraw petition

   12.   Notice of application to withdraw petition

   13.   Procedure on withdrawal of petition

   14.   Date of hearing

   15.   Costs

   16.   Payment of costs, etc.

   17.   Postponement of trial

   18.   Prescribed fees

      FIRST SCHEDULE

      SECOND SCHEDULE

SI 426 of 1968,

SI 443 of 1968,

SI 107 of 1986,

SI 176 of 1990.

[Rules by the Chief Justice]

1.   Title

These Rules may be cited as the Electoral Petition Rules.

2.   Election petition

An election petition shall be in the form in the First Schedule, with such variations as circumstances may require, or in form to the like effect.

3.   Petition to be in paragraphs

The petition shall be in paragraphs, each of which shall be confined, as nearly as may be, to a distinct portion of the subject and each paragraph shall be numbered consecutively.

4.   Petition to state right of petitioner, etc.

   (1) The petition shall state the right of the petitioner to petition within section 18 of the Act.

   (2) The petition shall state the holding and result of the election and shall briefly state the facts and grounds relied on to sustain the prayer.

5.   Prayer

The petition shall conclude with a prayer that the election should be declared void or that some specified person should be declared duly elected.

6.   Evidence

Evidence shall not be stated in the petition but the court may order such particulars as may be necessary to prevent surprise and unnecessary expense and to ensure a fair and effectual trial in the same way as in ordinary proceedings before the court and upon such terms as to costs and otherwise as may be ordered.

7.   Service of petition

The petitioner shall serve or cause to be served a copy of the petition on the respondent. Such service shall ordinarily be personal:

Provided that the Registrar may, in his discretion, with or without application in that behalf, and whether or not any attempt has been made at personal service, make such order for substituted or other service, or for the substitution for service of notice by registered letter addressed to the respondent at the postal address declared in his nomination paper, or by publication in a newspaper circulating in Zambia.

[Amended by No. 443 of 1968]

8.   Addresses

   (1) The petitioner shall, when presenting the petition, also give to the Registrar an address within the City of Lusaka at which notices and other proceedings addressed to him may be left, and if no such address is given, any notices and other proceedings may be given by sticking up the same in the High Court Registry.

   (2) The respondent shall, within seven days after service of the petition, give the Registrar an address within the City of Lusaka at which notices and other proceedings addressed to him may be left, and if no such address is given, any notices and other proceedings may be given by sticking up the same in the High Court Registry.

9.   Security for costs

   (1) As soon as may be after receiving a petition, the Registrar shall place the petition before a judge who shall fix the amount of security for costs to be furnished by the petitioner and shall direct whether such security shall be given by cash deposit or by recognizance with or without sureties or partly by the one and partly by the other, and for this purpose may, if he thinks fit, hear the petitioner and the respondent in chambers.

   (2) The Registrar shall notify the petitioner of the amount of the security fixed by the judge and the manner in which it is to be furnished, and the petitioner shall furnish such security within seven days of such notification.

   (3) Where security is given by way of recognizance, the person furnishing such recognizance shall, at the time of leaving the recognizance with the Registrar, leave with him an affidavit that the person so furnishing the recognizance is seized or possessed of real or personal property, or both, above what will satisfy his debts of the clear value of the sum for which he is bound by his recognizance.

10.   Time and place of hearing

The time and place of hearing of an election petition shall be fixed by a judge and the Registrar shall give notice thereof to the petitioner and respondent not less than seven days before the day appointed for the trial.

11.   Notice of intention to withdraw petition

   (1) Notice of intention to withdraw an election petition shall be given by a notice in writing signed by the petitioner, or by all the petitioners if there are more than one, and lodged with the Registrar.

   (2) The notice shall state the name and address of the petitioner and respondent and the intention of the petitioner to apply to the court to withdraw the election petition.

   (3) A copy of the notice shall be served on the respondent and a copy shall be published forthwith in a newspaper in circulation in Zambia.

12.   Notice of application to withdraw petition

   (1) Notice of application to withdraw a petition shall be in writing and shall be signed by the petitioner, or by all the petitioners if there are more than one.

   (2) The notice shall state the grounds on which the application is intended to be supported.

13.   Procedure on withdrawal of petition

A copy of the notice of application to withdraw the petition shall be served on the respondent and a copy shall be published forthwith by the petitioner in a newspaper circulating in Zambia.

14.   Date of hearing

   (1) Notice of the date of hearing of an application to with- draw a petition shall be given by the Registrar to the petitioner and respondent.

   (2) Notice of the date of hearing of an application to withdraw a petition shall also be published in at least one newspaper circulating in Zambia, and the notice shall also state that any person who might have been a petitioner in respect of the election may at the hearing apply to the High Court to be substituted for the petitioner so applying to withdraw.

   (3) An application to be substituted as a petitioner shall be sup- ported by an affidavit stating the applicant is qualified to be a petitioner under section 18 of the Act, and the facts which so qualify him.

15.   Costs

The High Court may make such order for costs as it thinks fit in relation to the presentation and trial of an election petition or other proceedings connected therewith.

16.   Payment of costs, etc.

   (1) Notice of application by a person to whom any costs, charges or expenses are payable under the Act, for an order that the same shall be paid out of any deposit made to secure the same or by any surety who gave a recognizance to secure the same, shall be given by a notice in writing signed by the applicant, addressed to the party by or on whose behalf such deposit was made or for whom such surety gave a recognizance, or such surety and such party, as the case may be, to state within seven days from the date of such service on him, whether he resists the application.

   (2) Service of such notice shall be effected, mutatis mutandis, in accordance with the provisions of rule 7.

17.   Postponement of trial

The High Court may postpone the beginning of the trial of an election petition or an application to withdraw a petition to such day as may be named, but in such cases notice of such postponement shall be published in a newspaper circulating in Zambia at least seven days before the new date of trial. Any trial may be adjourned from time to time.

18.   Prescribed fees

The fees set out in the Second Schedule shall be paid in respect of the matters therein set out.

FIRST SCHEDULE

[Rule 2]

ELECTION PETITION

HIGH COURT FOR ZAMBIA

ELECTORAL ACT

ELECTION FOR (here state Constituency) HELD ON THE DAY OF ..................

The Petition of A of (or of A of -and B of-as the case may be) whose names are subscribed.

1.   Your petitioner A is-

(insert which of the following is appropriate)

      (a)   a person who lawfully voted;

      (b)   a person who lawfully had a right to vote;

      (c)   a person who had a right to be nominated as a candidate at the aforesaid election;

      (d)   a person who had a right to be elected as a member at the aforesaid election;

      (e)   a person who was a candidate at the aforesaid election;

      (f)   the Attorney-General.

Your petitioner B is (here state in like manner the right of the petitioner).

2.   And your petitioner/s states/state that the election was held on the day of when

A.B., C.D. and E.F. (as the case may be) were candidates and the returning officer has returned

A.B. as being duly elected.

3.   And your petitioner/s says/say that (here state the facts and grounds on which the petitioner/s relies/rely).

WHEREFORE your petitioner/s prays/pray that it may be determined that the said A.B. was not duly elected or returned and that the election was void (or that the said E.F. was duly elected or ought to have been returned).

SIGNED A

B

SECOND SCHEDULE

[Rule 18]

PRESCRIBED FEES

Fee Units

On presenting a petition

375

On presenting an application to withdraw a petition

30

On application to be substituted as a petitioner

188

On entering a recognizance for security for costs

38

ELECTORAL (CODE OF CONDUCT) REGULATIONS

[Section 109]

Arrangement of Regulations

PART I
Preliminary

   Regulation

   1.   Title

   2.   Interpretation

   3.   Enforcement of Code

   4.   Publication of Code

PART II
Code of Conduct

   5.   Rights of person

   6.   Duty of person during election campaigns or elections

   7.   Duties of Commission

   8.   Campaign period

   9.   Political party and candidate to subscribe to Code

   10.   Duties of political parties and candidates

   11.   Duties of election agent and polling agent

   12.   Duties of Zambia Police Force

   13.   Duties of media

   14.   AIlocation of air time

   15.   Election results programme

   16.   Monitors and observers

   17.   Powers of Commission

   18.   Complaints

   19.   Conflict Management Committee

PART III
General Provisions

   20.   Prohibition of coercion and intimidation

   21.   General offences

   22.   General penalty

   23.   Revocation of S. I. No. 90. Of 2006

SI 52 of 2011.

PART I
Preliminary

1.   Title

These Regulations may be cited as the Electoral (Code of Title Conduct) Regulations, 2011.

2.   Interpretation

In these Regulations, unless the context otherwise requires—

“ campaign material ” means party or candidate manifestos, posters, chitenges, T-shirts and any other material with party or candidate symbols or pictures of candidates used in connection with an election;

“campaign period ” means such period as the Commission may determine under regulation 8;

“candidate ” means a person nominated as a candidate for an election;

“caricature” includes cartoon, effigy, picture, drawing or sketch of a person for comic effect;

“Code” has the meaning assigned to it in the Act;

“Commission” means the Electoral Commission established under the Constitution;

Cap. 1

“election officer” has the meaning assigned to it in the Act;

“media” includes print and electronic media, whether publicly or privately operated;

“monitor ” means a person accredited as such by the Commission;

“observer” means a person accredited as such by the Commission;

“polling agent ” means an agent appointed by a candidate in respect of each polling station;

“public officer” means a person holding or acting in any public office but does not include any person holding the offices referred to in Article 139 (2) and (3) of the Constitution; and

“traditional leader” means a paramount chief senior chief, chief or village headman.

3.   Enforcement of Code

The Commission shall promote conditions conducive to the observance of this Code.

4.   Publication of Code

The Commission, civil society, traditional leaders, the churches, faith-based organisations and political parties shall endeavour to publicise this Code throughout the Republic.

PART II
Code of Conduct

5.   Rights of person

   (1) A person has, subject to regulation 21, the right to—

      (a)    express political opinions;

      (b)   debate the policies and programmes of political parties;

      (c)   canvas freely for membership and support from voters;

      (d)   distribute election literature and campaign materials;

      (e)   publish and distribute notices and advertisements;

      (f)    erect banners, placards and posters;

      (g)    campaign freely;

      (h)   participate freely in partisan political activities; and

      (i)   seek the protection of the law from harm as a result of that person’s political opinion or affiliation.

   (2) A public officer shall not engage in any active partisan political activity referred to in sub- regulation (1) whilst in the public service.

6.   Duty of person During election campaigns or elections

A person shall, during an election campaign or election, promote conditions conducive to the conduct of free and fair elections and be bound by this Code.

7.   Duties of Commission

    (1) The Commission shall where reasonable and practicable to do so—

      (a)   meet political party representatives on a regular basis to discuss all matters of concern related to the election campaign and election itself;

      (b)   ensure that political parties do not use State resources to campaign for the benefit of any political party or candidate;

      (c)   avail political parties with the election timetable and election notices in accordance with the Act;

      (d)   censure all acts done by leaders of political parties, candidates, supporters, Government and its organs, which are aimed at jeopardising elections or done in contravention of this Code;

      (e)   declare election results expeditiously from the close of the election day;

      (f)   ensure that a campaign rally or meeting which is legally organised by any political party is not disrupted or arbitrarily prohibited;

      (g)   ensure that no election officer, police officer, monitor, observer or media person is victimised in the course of their election duties;

      (h)   ensure that police officers act professionally and impartially during the electoral process;

      (i)   ensure that traditional leaders, do not exert undue influence on their subjects to support a particular political party or candidate;

      (j)   ensure that equal opportunity is given to all stakeholders, particularly political parties and independent candidates to participate in and conduct their political activities in accordance with the law; and

      (k)    condemn acts of media organisations and personnel aimed at victimisation, punishment or intimidation of media practitioners implementing any of the provisions of this Code.

   (2) A member of the Commission may attend political rallies to monitor compliance with this Code.

8.   Campaign period

The campaign period shall commence and close on such date as the Commission may determine.

9.   Political party and candidate to subscribe to Code

   (1) A candidate for Presidential, National Assembly and Local Government elections shall, when filing the candidate’s nomination papers, subscribe to the Code in Form I set out in the Schedule.

   (2) A political party shall, on such date as the Commission may direct, subscribe to the Code in Form I set out in the Schedule.

   (3) A person who, or political party which contravenes this regulation commits an offence.

10.   Duties of political party and candidate

   (1) A political party and candidate shall—

      (a)   establish and maintain effective lines of communication with the Commission and with other registered political parties and candidates, at national, political and local level, including the pro vision of names and the contact details and addresses of party election agents and of other relevant office bearers and representatives;

      (b)   accept and respect decisions of the Commission in respect of election results announced by returning officers and the Commission in accordance with the law;

      (c)    issue directives to their members and supporters to observe this Code and take any necessary steps to ensure compliance;

      (d)    hold public meetings in compliance with the law;

      (e)    adhere to the election timetable issued by the Commission

in conducting election campaigns in accordance with section 26 of the Act;

      (f)    take appropriate measures to ensure environmental protection and cleanliness in the course of posting or distributing electoral campaign material;

      (g)    remove campaign materials within fourteen days of the declaration of election results;

      (h)    take necessary measures to ensure public safety in the course of posting or distributing electoral campaign material; and

      (i)    carry out campaign meetings and rallies peacefully.

   (2) A member or supporter of a political party or a candidate shall not—

      (a)    use language which incites hatred or violence in any form against any person or class of persons or issue any pamphlet, newsletter, poster or other propaganda which contains materials that incite people to violence or rebellion;

      (b)    deface, remove or destroy campaign materials of another political party or publications of the Commission;

      (c)    disrupt another political party’s rally, meeting, march or demonstration or seek to obstruct another person from attending a political rally of another political party;

      (d)    continuously remain at a polling station during the campaign period or elections; and

      (e)    wear any campaign materials within four hundred metres of the polling station on the polling day.

   (3) Without prejudice to any other written law, any person who contravenes sub-regulation (2) commits an offence and shall be liable upon conviction to a fine not exceeding two thousand five hundred penalty units or to imprisonment not exceeding one year, or to both.

11.   Duties of election agent and polling agent

   (1) An election agent or polling agent shall, subject to regulations 10 and 21, have the following duties during an election:

      (a)    observe the opening and closing of a polling station assigned to them on polling day;

      (b)    witness the voting process;

      (c)    witness the count of ballot papers for candidates;

      (d)    witness the announcement of results; and

      (e)    witness the declaration of results, where applicable.

   (2) An election agent or polling agent shall counter sign the election results duly announced or declared by a presiding officer or returning officer, as the case may be:

Provided that failure to countersign the election results by such election agent or polling agent shall not render the results invalid.

12.   Duties of Zambia Police Force

The Zambia Police Force shall—

      (a)    enforce law and order at campaign meetings and processions in order to maintain peace and order;

      (b)    ensure that police officers do not abuse their authority or Government resources to campaign for the benefit of any political party or candidate;

      (c)    refrain from disrupting any campaign, rally or meeting which is legally convened by any political party; and

      (d)    ensure that police officers do not use their office to oppress any political party, candidate or supporter.

13.   Duties of media

   (1) All print and electronic media shall—

      (a)    provide fair and balanced reporting of the campaigns, policies, meetings, rallies and press conferences of all registered political parties and candidates during the campaign period;

      (b)   provide news of the electoral process up to the declaration of results;

      (c)   abide by regional codes of conduct in the coverage of elections provided that such guidelines are not in conflict with this Code;

      (d)   be bound by the provisions of this Code during elections; and

      (e)   in liaison with the Commission, recognise a representative media body authorised to receive complaints and provide advice regarding fair coverage of elections.

   (2) A media organisation shall endeavour to—

      (a)   undertake capacity building of media personnel in their respective organisations;

      (b)   report election news in an accurate manner and not make any abusive editorial comment, incite violence or advocate hatred based on race, ethnicity, tribe, gender, sex, political or religious conviction; and

      (c)   identify any editorial comment it intends to make and separate it from the factual reporting of the news.

   (3) The heads, senior management and staff of public or private media organisations shall not intimidate media practitioners and shall allow them to exercise professional judgment without undue influence.

   (4) Public and private media personnel shall—

      (a)   conduct interviews with candidates with fairness both in the style of the interview and in the amount of the time given;

      (b)   refrain from broadcasting their own political opinions, commentary or assessment, and where they do so, clearly identify the opinion, commentary or assessment as their own and carefully balance it in order to avoid bias; and

      (c)   be duly accredited by the Commission to enter a nomination centre, polling centre or totalling centre.

14.   Allocation of air time

   (1) A public television, radio and electronic media shall allocate public airtime equally to all political parties and candidates for their political broadcasts.

   (2) A political party or candidate shall not buy more than thirty minutes air time in any given language on public television or radio in any one week.

   (3) On polling day all media shall not broadcast any campaign interviews for political parties or independent candidates or predict election results.

   (4) Broadcasters shall inform the public on the source of any public opinion poll and shall indicate the margin of error.

15.   Election results programme

   (1) All media shall disclose accurate election results and shall provide updates on the progress of the vote counting process and shall not speculate election results but shall broadcast confirmed election results as they are announced and published by presiding officers.

    (2) Television and radio stations shall—

      (a)    maintain full records of all radio and television news bulletins and recordings of all other programmes related to the election, including party political broadcasts and shall institute a close and meticulous monitoring system to ensure balance throughout the campaign and up to the close of poll; and

      (b)    provide the Commission, at any reasonable time, with such records, information and recordings as the Commission may require to fulfill its monitoring role.

   (3) The Commission shall require newspapers to make available archived copies of newspapers for inspection in the event of a complaint;

   (4) Any candidate or political party who alleges that that candidate or political party has been unfairly treated or covered by any media organisation in the course of the election campaign, may lodge a complaint against the media organisation, in writing, to the Commission.

   (5) Where a complaint made under sub-regulation (4) requires any media organisation to rectify an error, the candidate or political party making the complaint shall send the complaint to that media organisation and a copy of the complaint to the Commission and the media organisation shall respond to the complaint.

   (6) Where a right of reply, a retraction or the correction of a matter of significance is necessary, it shall be made in a like manner and with equal prominence as the original report or publication.

16.   Monitors and observers

   (1) A person shall not act as a monitor or observer, during an election campaign or election unless the person is duly accredited by the Commission and has subscribed to the Code in Form II set out in the Schedule.

   (2) A monitor shall be nominated by the organisation to which the monitor belongs and shall undergo training and assessment by that organisation.

   (3) A monitor or observer shall be provided with necessary identification by the Commission and the monitor’s or observer’s organisations.

   (4) A monitor or observer shall discharge monitor’s or observer’s functions in accordance with this Code and any other written law or such lawful directives as may be given by the Commission or any person acting on its behalf.

   (5) A monitor or observer shall—

      (a)   bring to the attention of the presiding officer or returning officer or member of the Commission any observed electoral malpractice;

      (b)   be impartial in the conduct of the monitor’s or observer’s duty and shall, at no time, publicly indicate or express any bias or preference with reference to any political party or candidate;

      (d)   be in a sufficient number at each polling station and shall ensure that their presence is widely known and recognised by the electorate;

      (e)   not interfere with the duties of the election officials in any way and shall immediately report any violation to the proper authority;

      (f)   ensure that any material information or report which the monitor or observer receives or any event, occurrence or statement of which the monitor or observer has been notified or which indicates the commission of an offence or contravention of the Act or this Code are brought to the attention of the monitor’s or observer’s organisations, the police, the Commission, conflict management committees and other parties concerned;

      (g)   not by themselves or through the monitor’s or observer’s organisation, forecast, declare or disclose the result of any election before the declaration by the Commission;

      (h)    when so requested, immediately identify themselves to any election officer or police officer and shall, during the conduct of the monitor’s or observer’s activities, at all times carry, wear or otherwise prominently display the identification issued by the Commission;

      (i)    not display allegiance to any political party at any time and shall refrain from carrying, wearing and displaying electoral material or any article of clothing, colours, badges or other items denoting support for or opposition to any political party or candidates or any of the issues in contention in the elections;

      (j)   not be involved in corrupt practices or accept any favours, so as to make statements in favour of or against any candidate or political party; and (k) not carry or display arms or other dangerous weapons during the conduct of the monitor’s or observer’s activities or while wearing the identification issued by the Commission.

   (7) Monitors and observers and their sponsoring organisations shall, whenever requested by the Commission, attend such briefings, training workshops and other meetings convened in order to co-ordinate their activities.

   (8) After the declaration of results of the elections, monitors and observers shall hand over to the Commission any identification received from it.

   (9) The Commission may revoke the accreditation of any monitor or observer who contravenes the provisions of this Code.

17.   Powers of Commission

   (1) The Commission may—

      (a)    reprimand a political party, candidate or stakeholder for any conduct in violation of this Code;

      (b)    report a breach of this Code to the Zambia Police Force, Anti-Corruption Commission and Drug Enforcement Commission or any other relevant law enforcement agency;

      (c)    revoke the accreditation of election agents, polling agents, monitors observers or the media where it is necessary in the interest of public safety and security to do so; and

      (d)    impose any administrative measures on any person, candidate or political party for persistent breach of this code.

   (2) The Commission may where practicable to do so, summon any person contravening this Code and any voter, candidate or political party alleging a breach to appear before it.

18.   Complaints

   (1) The following persons may lodge a complaint to the Commission in relation to an election:

      (a)    a voter or candidate in a constituency where a breach of this Code has been committed; or

      (b)    from a political party participating in an election.

   (2) Complaints arising during election campaigns and elections may be made to an election officer or to a conflict management committee at the place where the conduct complained against occurred.

   (3) The Commission may refer and report any violation of the Code to the Zambia Police Force, Anti-Corruption Commission or any other appropriate law enforcement agency for investigation and prosecution where appropriate.

19.   Conflict management committees

   (1) Conflict management committees established by the Commission pursuant to section 111 of the Act may resolve electoral disputes.

   (2) The conflict management committees shall take into account the provisions of this Code in resolving electoral disputes,

   (3) Conflict management committees shall mediate in electoral disputes and shall encourage amicable settlement of electoral disputes within twenty-four hours of receipt of a formal complaint.

PART III
General Provisions

20.   Prohibition of coercion and intimidation

A person or a member of a law enforcement agency, civil society, a Church, faith-based organisation, traditional leader, political party or media shall not, by means of threats, violence or sanction, coerce or intimidate another person during campaigns, public debates or elections.

21.   General offences

   (1) A person shall not—

      (a)    cause violence or use any language or engage in any conduct which leads or is likely to lead to violence or intimidation during an election campaign or election;

      (b)    cany or display arms or weapons, traditional or otherwise, of any kind at a political meeting or in the course of any march, demonstration or other public gathering of a political nature;

      (c)    make false, defamatory or inflammatory allegations concerning any person or political party in connection with an election;

      (d)    arrange a public meeting, demonstration, rally or march at the same time and venue as another similar political event organised by another political party or candidate;

      (e)    prevent the reasonable access to voters of any candidate or political party in any manner for the purposes of conducting voter education, fund raising, canvassing membership or soliciting support;

      (f)    plagiarise the symbols, colours or acronyms of candidates or other political parties;

      (g)    deface, remove or destroy any political campaign materials of any person or political party or publications of the Commission;

      (h)    offer any inducement, reward or bribe to any person in consideration of such person—

      (i)   joining or not joining any political party;

      (ii)   attending or not attending any political event;

      (iii)   voting or not voting;

      (iv)   accepting, refusing or withdrawing that person’s nomination as a candidate in an election;

      (v)    surrendering that person’s voter’s card, or national registration card or both; or

      (vi)   offering to surrender a voter’s card or national registration card, or both;

      (i)    abuse or attempt to abuse a position of power, privilege or influence, including parental, patriarchal or traditional authority for political purposes including any offer of a reward or for the issuance of a threat;

      (j)   propagate any opinion or action which is prejudicial to—

      (i)   the sovereignty, integrity or security of the country;

      (ii)   the maintenance of public order; or

      (iii)   the independence of any institution;

      (k)    use Government or parastatal transportation or facilities for campaign purposes:

Provided that this paragraph shall not apply to the President and the Vice- President in connection with their respective offices;

      (I)    use Government transportation or resources or facilities to transport voters to polling stations;

      (m)    discriminate against any person on grounds of race, ethnicity, class, disability, gender, sex, religion or in any other manner in connection with an election or political activity;

      (n)    carry any statue, caricature or anything which tends to ridicule, revile or scandalise any political party or its leader, a candidate or the Government, at any public political gathering, meeting or procession; and

      (o)    be in possession of a voter’s card or national registration card belonging to another person during the campaign period.

   (2) A person who contravenes sub-regulation (1) commits an offence and is liable, upon conviction, to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding two years, or to both.

22.   General penalty

A person who contravenes any provision of these Regulations for which no specific penalty is provided commits an offence and is liable, upon conviction, to a fine not exceeding two thousand five hundred penalty units or to imprisonment for a period not exceeding two years, or to both.

23.   Revocation of S.I. No, 90 of 2006

The Electoral (Code of Conduct) Regulations, 2006, are hereby revoked.

ELECTORAL (CONDUCT) REGULATIONS

[Sections 17 and 18]

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Interpretation

   3.   Duty of every person during election campaigns and elections

   4.   Rights of every person

   5.   Duties of every political party

   6.   Prohibition of coercion or intimidation

   7.   Prohibition of violence and other unlawful acts

   8.   Duty of media

   9.   Air time

   10.   Election results programme

   11.   Monitors

   12.   Offences and penalties

SI of 179 of 1996.

[Regulations by the Electoral Commission]

1.   Title

These Regulations may be cited as the Electoral (Conduct) Regulations.

2.   Interpretation

In these Regulations, unless the context otherwise requires, "monitor" includes an observer, a pressman and a photographer.

3.   Duty of every person during election campaigns and elections

Every person shall during election campaigns and elections promote conditions conductive to the conduct of a free and fair election.

4.   Rights of every person

Every person shall have the right to–

      (a)   express his political opinions;

      (b)   debate and contest the policies and programmes of other parties;

      (c)   canvas freely for membership and support from voters;

      (d)   hold public meetings;

      (e)   distribute electoral literature and campaign materials;

      (f)   publish and distribute notices and advertisements;

      (g)   erect banners, placards and posters;

      (h)   campaign freely; and

      (i)   participate freely in political activities.

5.   Duties of every political party

Every political party shall establish and maintain effective lines of communication with the Commission, and with other registered parties, at national and local level, including the exchange of names, addresses and contact telephone and facsimile numbers of party election agents and of other relevant office bearers and representatives.

6.   Prohibition of coercion or intimidation

A person shall not coerce or intimidate another person during election campaigns, public debates or elections.

7.   Prohibition of violence and other unlawful acts

   (1) A person shall not–

      (a)   cause violence or use any language or do any kind of action which may lead to violence or intimidation during election campaigns or elections;

      (b)   carry or display arms or weapons of any kind at a political meeting or in the course of any march, demonstration or other event of a political nature;

      (c)   make false, defamatory or inflammatory allegations concerning any person or party in connection with an election, but shall confine criticism and comments to policies and programmes of the parties;

      (d)   arrange a public meeting, demonstration, rally or march at the same time and venue as another similar political event organised by another party;

      (e)   impede the democratic right of any party, through its candidates canvassers or representatives, to have reasonable access to voters for the purposes of conducting voter education, fund raising, canvassing membership and soliciting support;

      (f)   plagiarize the symbols, colours or acronyms of other parties;

      (g)   remove, disfigure or destroy any political campaign materials of any party;

      (h)   offer any inducement or reward to any person in consideration of such person–

      (i)   joining or not joining any party;

      (ii)   attending or not attending any political event;

      (iii)   voting or not voting; or

      (iv)   accepting, refusing or withdrawing such person's nomination as a candidate in the election;

      (i)   abuse or attempt to abuse a position of power, privilege or influence, including parental, patriarchal or traditional authority, for political purposes, including any offer of a reward or threat;

      (j)   propagate any opinion or action which in any manner is prejudicial to the sovereignty, integrity or security of the country, to the maintenance of public order, or to the independence of any institution;

      (k)   in any way campaign either individually or collectively on polling day;

      (l)   use government transport or facility for campaign purposes or to carry voters to polling stations:

Provided that this paragraph shall not apply to the President and the Vice-President;

or

      (m)   in any way discriminate against any person on grounds of race, sex, ethnicity, class, gender or religion in connection with the election or political activity.

   (2) Where any form of Government transport or property is available for hire, it shall be made accessible to all political parties at a fee on the first come, first serve basis.

8.   Duty of media

   (1) All electronic media shall provide–

      (a)   fair and balanced reporting of the campaigns, policies, meetings, rallies and press conferences of all registered political parties during the period of campaigning; and

      (b)   news of the electoral process up to the close of poll.

   (2)   All media shall–

      (a)   report election news in an accurate manner and shall not make any abusive editorial comment or encourage racism, religious intolerance or hatred;

      (b)   identify any editorial comment they wish to make and separate it from the news.

   (3)    All media personnel shall–

      (a)   conduct interviews with candidates with fairness both in the style of the interview and in the amount of the time given;

      (b)   not broadcast their own political opinion, commentary or assessment, but where they wish to do so, they shall clearly identify the opinion, commentary or assessment as their own and shall carefully balance it in order to avoid bias.

9.   Air time

   (1) All television and radio broadcasters shall allocate equal air-time to parties for their political broadcasts.

   (2)    A party shall not buy more than thirty minutes air-time on television or radio, except where one party's allocated time is totally or partially unused, in which case other parties may buy that extra time on a first come, first serve basis.

   (3)    A party shall not buy more than fifteen minutes air-time in any one language on the television or radio in any one week:

Provided that if one party's allocated time is totally or partially unused, other parties may buy that extra time on a first come, first serve basis.

   (4)    Television and radio broadcasters shall not schedule any party's political broadcast or other political discussion or interview, opinion poll results or broadcast prediction of the result of polling day until the polls have closed.

10.   Election results programme

   (1) All media shall devise an election results programme which shall keep the electorate up to date with the progress of the vote-counting process shall avoid unfounded speculation which may cause instability and shall broadcast confirmed election results as they become available.

   (2) Television and radio stations shall–

      (a)   maintain full records of all radio and television news bulletins and recordings of all other programmes related to the election, including party political broadcasts and shall institute a close and meticulous monitoring system to ensure balance throughout the campaign and up to the close of poll.

      (b)   provide the Electoral Commission at any reasonable time with all such records, information and recordings as the Commission may require to fulfil it monitoring role.

   (3)    The Commission may require newspapers to provide the possibility for inspection of back copies in the event of a complaint.

   (4) Any candidate or party who wishes to make a complaint of unfair treatment or coverage in the course of the election campaign, shall send it in writing to the Commission.

   (5)    Where any complaint made under sub-regulation (5) has the effect of asking any media outlet to correct a mistake, the candidate making the complaint shall send the complaint to that media outlet and a copy of it to the Electoral Commission, which shall respond to any such complaint.

   (6) Where a right of reply, a retraction or the correction of a matter of significance is necessary, such a response must be placed or scheduled in a position of equal prominence.

11.   Monitors

   (1) A person shall not act as a local or foreign monitor, during election campaigns and elections unless he is duly recognised and authorised by the Electoral Commission.

   (2) Local monitors shall be nominated by their organisations and shall undergo training and assessment by their organisations.

   (3)    Monitors shall be provided with necessary identification by the Electoral Office and their organisations.

   (4)    The conduct of monitors shall conform to the Constitution, the Electoral Act and Regulations made under it, the Code of Conduct for monitors and the directives of the electoral officials or any lawful instructions of any person acting on their behalf.

   (5)    Monitors shall–

      (a)   be impartial in the conduct of their duty, and shall at no time publicly indicate or express any bias or preference with reference to any party or candidate;

      (b)   be in a sufficient number at each polling station and shall ensure that their presence is widely known and recognised by the electorate;

      (c)   not under any circumstances whatsoever, interfere with the duties of the election officials in anyway, and shall immediately report any violation to the proper authority;

      (d)   ensure that any material information or reports which they receive, any event, occurrence or statement of which they have been notified or which indicates the commission of an offence or infringement of the Electoral Act or these Regulations are brought to the attention of their organisations, the enforcement agents, the Elections Office and other parties

concerned;

      (e)   maintain secrecy with reference to any matter affecting voting and counting of votes and shall not by themselves or through their organisation declare the result of any election before the declaration by the Electoral Commission;

      (f)   when so requested immediately identify themselves to any election officer, or law enforcement officer and shall during the conduct of their activities, at all times carry, wear or otherwise prominently display the prescribed identification badges or cards issued by the Electoral Commission;

      (g)   not display allegiance to any party at any time and shall refrain from carrying, wearing and displaying electoral material or any article of clothing, emblem, colours, badges or other items denoting support for or opposition to, any party or candidates or any of the issues in contention in the elections;

      (h)   not be involved in corrupt practices or accept any favours, so as to make statements in favour or against any candidate or political party;

      (i)   refrain from carrying or displaying arms or other dangerous weapons during the conduct of their activities or while wearing their monitor identification.

   (6)    Monitors and their sponsoring organisations shall, whenever requested by the Electoral Commission, attend such briefings, training workshops and other meetings convened in order to co-ordinate their activities.

   (7)    After the results of the elections, monitors shall handover to the Electoral Commission any identification they received from it.

12.   Offences and penalties

Any person who contravenes these Regulations shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding three hundred thousand kwacha or to imprisonment for a term not exceeding three months or to both.

ELECTORAL ACT (COMMENCEMENT) ORDER

[Section 1]

Arrangement of Paragraphs

   Paragraph

   1.   Title

   2.   Commencement of Act No. 12 of 2006

SI 82 of 2006.

1.   Title

This Order may be cited as the Electoral Act (Commencement) Order, 2006.

2.   Commencement of Act No. 12 of 2006

The Electoral Act, 2006 shall come into operation on the date of publication of this Order.

ELECTORAL (GENERAL ELECTIONS) (DATE OF POLL) (DECLARATION) ORDER

[Section 25]

Arrangement of Paragraphs

   Paragraph

   1.   Title

   2.   Date of general elections

SI 83 of 2006.

1.   Title

This Order may be cited as the Electoral (General Elections) (Date of Poll) (Declaration) Order, 2006.

2.   Date of general elections

The polling day for the Presidential Elections and the National Assembly elections shall be Thursday, 28thSeptember, 2006.

ELECTORAL (PRESIDENTIAL ELECTIONS) (NOMINATION DATES AND TIMES OF POLL) ORDER

[Section 32]

Arrangement of Paragraphs

   Paragraph

   1.   Title

   2.   Nominations for elections

   3.    Times of poll

Act 12 of 2006,

SI 86 of 2008.

1.   Title

This Order may be cited as the Electoral (Presidential Elections) (Nominations Dates and Times of Poll) Order, 2008.

2.   Nominations for elections

Nominations for the Presidential elections shall be lodged with the Returning office on 23rd, 24th 25th and 26th of September, 2008 between 09.00 hours and 15 hours.

3.    Times of poll

The poll for the Presidential elections referred to in paragraph 2 shall be taken on Thursday, 30th October, 2008 between 06.00 hours and 18 hours.

Provided that no such poll shall be taken if only one candidate has been validly nominated for the elections.

ELECTORAL (VOTER EDUCATION) REGULATIONS

[Section 129]

Arrangement of Regulations

   Regulation

PART I
PRELIMINARY

   1.   Title

   2.   Interpretation

PART II
VOTER EDUCATION COMMITTEE

   3.   Establishment of voter education committees

   4.   National Voter Education Committee

   5.   Functions of National Voter Education Committee

   6.   District Voter Education Committee

   7.   Functions of District Voter Education Committees

   8.   Tenure of office and vacancy

   9.   Proceedings of committees

   10.   Allowances

      SCHEDULE

SI 37 of 2010.

PART I
PRELIMINARY

1.   Title

These Regulations may be cited as the Electoral (Voter Education) Regulations, 2010.

2.   Interpretation

In these Regulations, unless the context otherwise requires–

“Commission” means the Electoral Commission of Zambia established under Article 76 of the Constitution;

“council” means a district, municipal or city council established under the Local Government Act;

“District Voter Education Committee” means a committee established at the district level pursuant to Regulations 3;

“member” means a person appointed as a member of a voter education committee;

“National Voter Education Committee” means a committee established at the national level pursuant to Regulation 3;

“secretariat” means the members of staff of the Commission assigned by the Commission as ex-officio members to a voter education committee;

“voter education” means all forms of information, education and communication whose purpose is to inform or educate the members of the public of their rights and responsibilities in the electoral process; and

“voter education committee” means the National Voter Education Committee, a District Voter Education Committee or a sub-committee of those committees.

PART II
VOTER EDUCATION COMMITTEES

3.   Establishment of voter education committee

   (1) The Commission shall establish the following voter education committees–

      (a)   the National Voter Education Committee; and

      (b)   the District Voter Education Committees.

   (2) The Commission may establish such sub-committees of the voter education committees as the Commissioner may consider necessary for the purpose of these Regulations.

   (3) The Commission may assign the members of staff of the Commission or members of a council to a voter education committee.

   (4) A person shall, upon being appointed as a member of a voter education committee, sign the declaration set out in the Schedule.

4.   National Voter Education Committee

   (1) The National Voter Education Committee shall consist of the following members appointed by the commission–

      (a)   not more than 10 persons from civil society organisations determined by the commission;

      (b)   not more than five representatives of Government ministries and institutions; and

      (c)   the secretariat, as ex-officio members.

   (2) The Chairperson and Vice-Chairperson of the National Voter Education Committee shall be elected by the members from amongst themselves.

5.   Functions of National Voter Education Committee

   (1) The National Voters Education Committee shall advise the Commission on the design and dissemination of voter information and education relevant to the participation of the citizens in the electoral and referendum processes.

   (2) Without prejudice to the generality of sub-regulation (1), the National Voter Education Committee shall–

      (a)   formulate policies for voter education and information dissemination;

      (b)   coordinate voter education and information dissemination;

      (c)   provide communication strategies;

      (d)   provide voter education curriculum;

      (e)   develop voter education materials;

      (f)   monitor and evaluate the voter education programmes; and

      (g)   collaborate with other stakeholders on voter education.

6.   District Voter Education Committee

   (1) The District Voter Education Committees shall consists of the following members–

      (a)   not more than eight persons from civil society organisations determined by the Commission;

      (b)   not more than four representatives of the Government ministries and institutions in the district; and

      (c)   the secretariat, as ex-officio members.

   (2) The members of a District Voter Education Committee shall be appointed by the District Electoral Officer, on behalf of the Commission.

   (3) The members shall elect the chairperson and Vice-Chairperson from amongst themselves.

7.   Functions of District Voter education Committee

   (1) The District Voter Education Committee shall be responsible for the implementation of the decisions of the National Education Committee and the Voter Education Programmes.

   (2) Without prejudice to the generality of sub-regulation (1), the District Voter Education Committees shall–

      (a)   formulate district voter education programmes;

      (b)   recruit and deploy voter education facilitators;

      (c)   supervise and monitor voter education facilitators; and

      (d)   evaluate the district voter education activities and programmes.

8.   Tenure of office and vacancy of member

   (1) A member shall be appointed for a term of three years, and is eligible for appointment for further term of three years.

   (2) A member may resign upon giving one month’s notice in writing to the Commission.

   (3) The Commissioner may remove a member if the member contravenes the provisions of the Act or any rules made thereunder or breaches the electoral (Code of Conduct) Regulations, 2006.

   (4) Where the position of a member becomes vacant before the expiry of the term of office of that member, the Commission may appoint another member in the place of the member, but such member shall only serve for the unexpired period of the term.

9.   Proceedings of committees

   (1) Subject to other provisions of these Regulations, a voter education committee may regulate its own proceedings.

   (2) Half the members of the National Voter Education Committee shall form a quorum at a meeting of the National Voter Education Committee.

   (3) Half the members of the District Voter Education Committee shall form a quorum at a meeting of the District Voter Education Committee.

10.   Allowances

A member shall be paid such allowances as the Commission may determine.

SCHEDULE

[Regulation 3(4)]

REPUBLIC OF ZAMBIA

ELECTORAL ACT, 2006

The Electoral (Voter Education) Regulations, 2010

DECLARATION

I …………………………………………………. do solemnly and sincerely declare that–

1. I am a Zambian citizen, my National Registration Card Number being ………………

2.I have been appointed as member of the National Voter Education Committee/District Voter Education committee by the Electoral Commission of Zambia.

3.   Shall only perform such functions as are mandated to me by these Regulations or by the Commission.

4.   I shall be non-partisan, objective and transparent in the discharge of any functions.

5.   I shall not make any press statement or make any promise for, or on half of, the Commission.

6.    I shall abide by the provisions of the Electoral Act or any rules made thereunder and the Electoral (Voter education) Regulations, 2010 and Electoral (Code of Conduct) Regulations, 2006.

I make this solemnly declaration conscientiously believing the same to be true.

Signed: ………………………………………………………………………

*Subscribed and solemnly declare before me this ………… day of ………..20…

Signed: ………………………………………

Name in Block Letters: ……………………………………………………………………..

Signature: …………………………………………………………………………………...

Official Stamp: ...................................................................................

Date : ……………………………………………………………………….

District: ……………………………………………………………………………………..

*Magistrate/Local Magistrate/Electoral Officer/Returning Officer/Head of a Government School/Principal of a College/Commissioner for Oaths.

*Delete which do not apply.

ELECTORAL (REGISTRATION OF VOTERS) REGULATIONS

[Section 129]

Arrangement of Regulations

   Regulation

PART I
PRELIMINARY

   1.   Title

   2.   Interpretation

   3.   Division and declaration of polling districts

   4.   Functions of Director of Elections

   5.   Officers for registration of voters

   6.   Form of oath or affirmation for registration officer

   7.   Revocation of appointment.

PART II
REGISTRATION OF VOTERS

   8.   Continuous registration of voters

   9.   Conduct of registration of voters

   10.   Application for registration as voter

   11.   Procedure for registration

   12.   Application for replacement of voter’s card

   13.   Application to transfer from one register of voters to another

   14.   Death of registered voter

   15.   Control of persons in premises used for registration of voters

   16.   Voters registration record to be sent to Director of Elections

   17.   Registrar of voters

   18.   Inspection of register of voter

   19.   Appeals

   20.   Procedure for appeals

   21.   Claims

   22.   Objections

   23.   Powers of Commission on hearing of objections

   24.   Effecting of amendments resulting from appeals by Director of Elections

PART III
CERTIFICATE OF REGISTER OF VOTERS

   25.   Preparation of registers for certifications

   26.   Certification of registers of voters

   27.   Publication of register of voters

   28.   Replacement of previous register of voters

PART IV
GENERAL PROVISIONS

   29.   Formal correction of registers of voters

   30.   Director of Elections and registration officers may administer oaths

   31.   Evidence

   32.   Publication of notices

   33.   Certificate of district registration officer as to date of publication of register of voters

   34.   Voter’s card prima facie evidence of contents

   35.   When voter’s card demand to be cancelled

   36.   Application for copy of register of voters

PART V
OFFENCES

   37.   Offences in relation to registration

   38.   Offences relating to voter’s card

   39.   Prohibition against requiring or asking for production of voter’s card

   40.   Offences by registration officers

   41.   False information

   42.   Forgery, falsification and fraudulent destruction

   43.   Possession of forged or false document

   44.   False entries

   45.   Refusal to leave premises when required

   46.   Penalty

   47.   Savings

   48.   Revocation of S.I. No. 238 of 1973.

      SCHEDULE

SI 38 of 2010.

PART I
PRELIMINARY

1.   Title

These Regulations may be cited as the Electoral (Registration of Voters) Regulations, 2010.

2.   Interpretation

   (1) In these Regulations, unless the context otherwise requires–

“assistant registration officer” means an assistant registration officer appointed under Regulation 5;

“Commission” means the Electoral Commission of Zambia established under the Constitution;

“functions” includes power and duties;

“national registration card” means a national registration card issued under the National Registration Act;

“national registration number”, in relation to a national registration card, means the serial number inserted on the national registration card under the National Registration Act;

“polling district” means any polling district as described under the Act;

“register of voters” means a register of voters prepared and certified under these Regulations;

“registration officer” means a person appointed as a district registration officer or assistant registration officer under Regulation 5.

“true copy” in relation to a register of voters, means a copy of the register of voters, which is certified as a true copy thereof under the hand of the Director of Elections;

“voter’s card" means a card in Form IV set out in the Schedule; and

“voter’s registration record” means a registration form in Form III set out in the Schedule.

   (2) A person whose name appears in a register of voters shall, until the register of voters is replaced by virtue of the operation of Regulation 28, be deemed to be registered as a voter.

   (3) A person whose name does not appear in a register of voters shall not be deemed to be registered as a voter.

   (4) Where a registration officer has reasonable grounds to believe for the purpose of the exercise of the registration officer’s functions under Regulation 12 or 13, that a voter’s card is lost, incorrect or destroyed, the voter’s card in question shall be deemed to have been cancelled.

   (5) A person who is in possession of a voter’s card which is deemed to be cancelled under sub-regulation (4) commits an offence.

3.   Division and declaration of polling districts

   (1) The Commission shall divide Zambia into polling districts and shall declare and publish by notice in the Gazette, the names by which the polling districts are to be known and the descriptions of the boundaries of the polling districts.

   (2) The Commission may, at any time, by notice in the Gazette, vary the boundaries or the descriptions of the boundaries of a polling district.

4.   Functions of Director of Elections

The Director of Elections shall–

      (a)   ensure that a registration officer performs the registration officer’s function in accordance with these Regulations;

      (b)   issue to a registration officer such instructions as are necessary to ensure compliance with the provisions of these Regulations; and

      (c)   perform all such functions as are conferred or imposed upon the Director of Elections by these regulations.

5.   Officers for registration of voters

   (1) In respect of each district, there shall be–

      (a)   a district registration officer, as the Commission may specify, by notice in the Gazette; and

      (b)   such approved numbers of assistant registration officers as the district registration officer for that polling district may, by notice in writing, appoint for the purpose of assisting in the exercise of the functions in respect of that polling district.

   (2) A district registration officer shall, where the district registration officer appoints any person to be an assistant registration officer under paragraph (b) of sub-regulation (1), deliver a copy of the notice referred to in that paragraph to the Director of Elections.

6.   Form of oath or affirmation for registration officer

A registration officer shall, before exercising any of the functions conferred under these Regulations, or under any other written law, take and subscribe an oath, or make an affirmation in lieu thereof, in Form I set out in the Schedule.

7.   Revocation of appointment

   (1) The Commission may, by notice in the Gazette, revoke the appointment of a district registration officer.

   (2) A district registration officer may, by notice in writing, revoke the appointment of an assistant registration officer.

   (3) Where a district registration officer revokes the appointment of an assistant registration officer pursuant to sub-regulation (2), the district registration officer shall give notice in writing of the revocation to the assistant registration officer and shall deliver a copy of the notice to the Director of Elections.

PART II
REGISTRATION OF VOTERS

8.   Continuous registration of voters

   (1) The Commission shall carry out the registration of voters on a continuous basis.

   (2) The registration of voters referred to under sub-regulation (1) may be suspended by the Commission, by statutory order, for the purposes of an election or form compilation and update of the register of voters.

9.   Conduct of registration of voters

Subject to these Regulations, a registration officer appointed for a poling district shall carry out the registration of voters for that polling district.

10.   Application for registration as voter

   (1) A person who has attained the age of 18 years may make an application to be registered as a voter to the registration officer for the polling district in which the applicant ordinarily resides in Form II set out in the Schedule.

   (2) An applicant for registration shall, at the time of making the application, produced to a registration officer a national registration card issued to the applicant under the National Registration Act.

11.   Procedure for registration

   (1) If a registration officer to whom an application is made under Regulation 10 determines that–

      (a)   the applicant is duly registered in accordance with the provisions of the National Registration Act;

      (b)   the applicant has attained the age of 18 years; and

      (c)   the applicant is qualified for registration as a voter;

      the registration officer shall register the applicant–

      (i)    by completing the voters registration record for the poling district in Form III set out in the Schedule; and

      (ii)    by completing a voters card in Form IV set out in the Schedule.

   (2) For the purposes of sub regulations (1), the details of the names of an applicant to be entered on a voters registration record and a voter’s card in relation to an applicant shall be identical to the details recorded on the national registration card produced by the applicant under Regulation 10:

Provided that the surnames and one forename only of the applicant shall be recorded in full, together with not more than two initials in respect of other forenames, if any, of the applicant.

   (3) A registration officer shall reject an application for registration as a voter where–

      (a)   the applicant fails to meet the requirements of the Act or these Regulations;

      (b)   the applicant does not ordinarily reside in the polling district in which the application is made;

      (c)   the applicant has not attained the age of 18 years; or

      (d)   the applicant is not qualified for registration as a voter.

   (4) A rejection of an application to register as a voter shall be in Form V set out in the Schedule.

   (5) For the purposes of these Regulations, the Commission may determine an expiry date of a voter’s card.

12.   Application for replacement of voter’s card

   (1) A person may apply for the replacement of a voter’s card in Form VI set out in the Schedule where–

      (a)   that person’s voter’s card is lost, defaced, destroyed or has expired; or

      (b)   by reason of a change of the name of that person or incorrect details on the voter’s card, the particulars recorded on the voter’s card do not correspond to the particulars recorded on that person’s national registration card.

   (2) In the case of an application under paragraph (a) of sub-regulation (1), the applicant shall prove that applicant’s identity to the registration officer by producing to the registration officer a national registration card issued to that applicant under the National Registration Act, and the registration officer shall determine whether the applicant is duly registered as a voter.

   (3) A registration officer to whom an application is made under this regulation shall issue the applicant with a new voter’s card where the registration officer determines that–

      (a)   in the case of an application made under paragraph (a) of sub regulation (1)–

      (i)    the applicant’s voter’s card is lost or destroyed;

      (ii)    in the case of a defaced or expired card, the applicant has surrendered the voter’s card;

      (iii)    the applicant has properly identified themselves under sub-regulations (2); and

      (iv)    the applicant is a registered voter; or

      (b)      in the case of an application under paragraph (b) of sub-regulation (1)–

      (i)    the applicant has surrendered the voter’s card; and

      (ii)    the particulars recorded on the applicant’s voter’s card no not correspond to the particulars recorded on that applicant’s national registration card.

   (4) A registration officer to whom an application is made under this Regulation shall reject the application if the applicant fails to meet the requirements of the Act or these Regulations.

13.   Application to transfer from one register of voters to another

   (1) A person registered in the current register of voters for any polling district may, during the period of continuous registration, apply to Form VII set out in the Schedule, to the registration officer for the other polling district to be registered as a voter in that polling district.

   (2) A registration officer to whom an application is made under sub-regulation (1) shall determine whether the applicant ordinarily resides in the polling district in which the application is made and whether the applicant is a registered voter.

   (3) An applicant under this regulation shall surrender to the registration officer the voter’s card relating to the polling district in which the applicant was registered.

   (4) A registration officer to whom an application is made under this Regulation shall, where the applicant meets the requirements of the Act and these Regulations enter the name of the applicant in the register of voters in respect of which the application is made.

14.   Death of registered voter

   (1) Where a person to whom a voter’s card is issued dies, the person who is in possession of the voter's card shall, within a reasonable time after the death of such person, surrender the card to a registration officer in Form VIII set out in the Schedule.

   (2) A registration office to whom an application is made under sub-regulation (1) shall make such inquiries as may be necessary to satisfy themselves that the person to whom the card was issued is dead.

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