CHAPTER 31 - LAW ASSOCIATION OF ZAMBIA: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Law Association of Zambia (Electoral) Rules

Law Association of Zambia (General) Rules

LAW ASSOCIATION OF ZAMBIA (ELECTORAL) RULES

[Section 24]

[Re-denominate the currency as stipulated under S 4 of Re-denomination Act, 8 of 2012, read with Bank of Zambia Act, 43 of 1996.]

Arrangement of Rules

   Rule

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
GENERAL PROVISIONS

   3.   Electoral Committee

   4.   Returning Officer

   5.   Functions of Returning Officer

   6.   Election Officers

   7.   Election Agent

   8.   Nomination day

   9.   Identification of candidates

PART III
PROCEDURE FOR NOMINATIONS

   10.   Nomination of candidates

   11.   Withdrawal of nomination

   12.   Validity of nomination

   13.   Procedures after determining the validity of nomination

   14.   Notice of Polls

   15.   Inspection of nomination papers

PART IV
THE POLL AND THE BALLOT

   16.   The polls

   17.   Voting by Proxy

   18.   Ballot paper

   19.   Insurance of ballot paper

   20.   Ballot boxes and election material

   21.   Procedure for casting vote

   22.   Counting of votes

   23.   Spoilt papers

   24.   Questions arising on decision of Returning Officer

   25.   Recounting of votes

   26.   Equality of votes

   27.   Results of elections

   28.   Control of persons during Polling

PART V
PROCEDURE AFTER COUNTING VOTES

   29.   Ballot Papers to be sealed in packets after counting

   30.   Custody and destruction of election matters

   30A.   Campaign material to be produced and distributed through Association

PART VI
MISCELLANEOUS

   31.   Election Petitions

   32.   Amendment of Rules

   33.   Indemnity

      SCHEDULE

[Rules by Council]

SI 156 of 1996,

SI 6 of 2000.

PART I
PRELIMINARY

1.   Short title

These Rules may be cited as the Law Association of Zambia (Electoral) Rules.

2.   Interpretation

In these rules, unless the context otherwise requires—

“association” has the meaning assigned to it by section 2 of the Act;

“ballot box” means a ballot box provided to a Returning Officer for taking of a Poll;

“ballot paper” means the forms prescribed under rule 18;

“candidate” means a person who, in relation to an election has lodged or intends to lodge his nomination papers;

“Committee” means the Electoral Committee established under Rule 3;

“council” means the council of the Law Association of Zambia constituted under section 10 of the Act;

“election officer” means a person appointed by the Council under Rule 6;

“general meeting” means a general meeting of the members of the Association and includes an extra-ordinary general meeting;

“membership card” means a membership card issued to a full or associate member by the Association;

“member” means a full or associate member of the Association;

“nomination paper” means the document prescribed under Rule 10;

“officer” means the Chairman, Vice chairman , Secretary or Treasure of the Association;

“Presiding Officer” means the Returning Officer appointed by the Council under Rule 4;

“Proxy form” means the form prescribed under Rule 17;

“Register of voters” means a register of full members compiled by the Association;

“Returning Officer” means a person appointed under Rule 4;

“Voters Roll” means the register of members compiled by the Association.

[Rule 2 am by rule 2 of SI 6 of 2000.]

PART II
GENERAL PROVISIONS

3.   Electoral committee

   (1) There shall be an Electoral Committee which shall consist of a Chairman and two other members appointed by the Council from amongst the members of the Association, in respect of each election.

   (2) The Committee shall—

      (a)   ensure that elections are conducted in accordance with these Rules;

      (b)   issue necessary instructions to the Returning Officer, Presiding Officer and Election Officers to ensure compliance with the provisions of these Rules;

      (c)   supervise and direct the elections; and

      (d)   perform any other functions conferred on the Committee by these Rules.

4.   Returning Officer

   (1) The Returning Officer shall be appointed by the Council from amongst the members of the Association for the purpose of electing—

      (a)   officers;

      (b)   members of the Council, and

      (c)   members of the Legal Practitioners Committee.

5.   Functions of Returning Officer

The Returning Officer shall—

      (a)   perform the duties and functions of the presiding officer;

      (b)   ensure that elections are conducted impartially and in accordance with these Rules and any other Rules in force; and

      (c)   perform all such functions as may be conferred or imposed on him by these Rules.

6.   Election Officers

The Council shall appoint in respect of each election, not more than three election officers from amongst the full members of the Association, who shall assist the Returning Officer in the performance of his functions.

7.   Election Agent

   (1) A candidate may appoint an election agent who shall be named in the candidate’s nomination papers, and shall be the candidate’s election agent for those elections.

[Rule 7(1) subs by rule 3 of SI 6 of 2000.]

   (2) An election agent referred to in sub-rule (1), shall be a member of the Association.

   (3) A candidate may revoke the appointment of his election agent at any time by giving written notice to the election agent.

   (4) The election agent may resign by giving written notice to the candidate.

8.   Nomination day

   (1) The principal rules are amended by the revocation of rule 8 and the substitution therefore of the following rule:

      (a)   Not less than fourteen days from the date of holding the Annual General meeting, appoint the days on which, the places where, and the time when the returning officer may receive nominations of candidates under these rules; and

      (b)   Publish in two consecutive issues of one newspaper circulating in zambia the days on which, places where and time within which the returning officer shall receive nominations

   (2) Any nomination received after the days and time and in a place other than that appointed under sub-rule (i) shall be void.

   (3) All nomination papers shall be lodged with the returning officer at the secretariat and such other place as shall be appointed for the purpose by the council in accordance with sub-rule (1).

   (4)   The Returning officer shall receive nomination papers on the days, at the place and within the hours prescribed under sub-rule (1).

[Rule 8 subs by rule 4 of SI 6 of 2000.]

9.   Identification of candidates

Any candidate standing for elections shall use the names appearing on the voters roll or members register, to identify himself.

PART III
PROCEDURE FOR NOMINATION

10.   Nomination of candidates

   (1) The Returning Officer shall provide nomination papers to persons who qualify for nomination and who request for such papers.

   (2) A candidate in an election or his election agent shall lodge with the Returning Officer, his nomination papers in accordance with the provisions of this part.

[Rule 10(2) am by rule 5(a) of SI 6 of 2000.]

   (3) The nomination paper referred to in sub-rule (2) shall be in Form LAZ 1 set out in the Schedule.

   (4) The candidate referred to in sub-rule (2) shall—

      (a)   complete the form referred to in sub-rule (3);

      (b)   personally or through the election agent acting on his behalf sign the form and attach to the nomination paper a copy of the written authority appointing the election agent as such;

   

[Rule 10(4)(b) subs by rule 5(b) of SI 6 of 2000.]

      (c)   state the name and address of his election agent, if any;

      (d)   lodge the nomination papers within the period appointed under Rule 8; and

      (e)   pay the non-refundable nomination fee of—

      (i)   one hundred thousand Kwacha in the case of a candidate for the position of Chairman or Vice-Chairman; or

      (ii)   seventy-five thousand Kwacha in the case of a candidate for the position of Secretary or Treasurer; or

      (iii)   fifty thousand Kwacha in the case of a candidate for the position of a member of the Council or of the Legal Practitioners Committee.

   (5) The candidate lodging a nomination paper or his election agent, shall present himself to the Returning Officer.

[Rule 10(5) am by rule 5(c) of SI 6 of 2000.]

   (6) ...

[Rule 10(6) rep by rule 5(d) of SI 6 of 2000.]

11.   Withdrawal of nomination

A nomination may be withdrawn by the candidate or his election agent at any time before the expiry of the period appointed for lodging nomination papers by giving written notice to the Returning Officer.

[Rule 11 am by rule 6 of SI 6 of 2000.]

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.