CHAPTER 14 - REFERENDUM ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Referendum Regulations

REFERENDUM REGULATIONS

[Section 6,7 and 10]

Arrangement of Regulations

   Regulation

PART I
PRELIMINARY

   1.   Title

   2.   Interpretation

   3.   Functions of Director of Elections

   4.   Appointment of referendum officers

   5.   Form of oath or affimation for referendum officers

   6.   Revocation of appointment of referendum officers to be notified

PART II
PROCEDURE FOR THE POLL

   7.   Poll to be conducted by secret ballot

   8.   Establishment of polling stations

   9.   Commencement and close of poll

   10.   Right to vote

   11.   Duty of returning officer and publication of notices at polling stations

   12.   Ballot boxes, official seals and official marks

   13.   Ballot papers

   14.   Procedure before commencement of poll

   15.   Control of person entering polling stations

   16.   Application for ballot paper

   17.   Procedure for casting vote

   18.   Votes to be cast without undue delay

   19.   Polling assistant may act during temporary absence of presiding officer

   20.   Spoilt ballot papers

   21.   Presiding officer, a relative or a friend may assist incapacitated voter

   22.   Voting by persons employed on election duties

   23.   Voting elsewhere than where registered

   24.   Lost, etc., voter’s registration card

   25.   Restriction on communication in precincts of polling station

   26.   Adjournment of poll in case of emergency

   27.   Procedure after close of poll

PART III
PROCEDURE FOR THE COUNT AND DECLARATION OF RESULT OF REFERENDUM

   28.   Duty of returning officer to arrange for counting of votes and notification of public

   29.   Persons who may attend counting of votes

   30.   Examination of seals of envelopes and ballot boxes received by returning officer

   31.   The count

   32.   Rejection of ballot papers

   33.   Recounting of votes

   34.   Declaration of result of poll in constituency and notification of Commission

   35.   Declaration of result of referendum by Commission

   36.   Form of declaration under section 23 of the Act

   37.   Questions arising on decision of returning officer

   38.   Ballot papers to be sealed in marked envelopes after completion of counting

   39.   Verification of ballot paper counts

   40.   Custody and destruction of referendum matter

PART IV
CORRUPT PRACTICES AND REFERENDUM OFFENCES

   41.   Bribery

   42.   Personation

   43.   Treating

   44.   Undue influence

   45.   Corrupt practices and penalties

   46.   Obstruction of voter

   47.   Unlawful conduct at public meeting

   48.   Unlawful broadcasting

   49.   Referendum offences

   50.   Prohibition of breach of secrecy

   51.   Offences by referendum officers

   52.   Offences by printers and publishers

   53.   Penalties.

PART V
CANVASSING

   54.   Application

   55.   Interpretation

   56.   Functions of Director of Elections

   57.   Canvassing

   58.   Content of written statements

   59.   Publication of written statements

   60.   Contravention an offence

   61.   Content, etc., of oral statements

   62.   Request to public media

   63.   Offences

   64.   Penalties

   65.   Revocation

      SCHEDULE

Act 13 of 1994,

SI 97 of 1990.

[Regulations by the Referendum Commission]

PART I
PRELIMINARY

 

1.   Title

These Regulations may be cited as the Referendum Regulations.

 

2.   Interpretation

In these Regulations, unless the context otherwise requires-

“assistant returning officer” means a person appointed as an assistant returning officer under regulation 4;

“ballot box” means a ballot box provided to a presiding officer under regulation 11 for the taking of a poll;

“ballot paper” means a document in Form REF. 2 in the Schedule;

“ballot paper account” means a document in Form REF. 6 in the Schedule;

“Commission” means the Referendum Commission established by section 4 of the Act;

“constituency” shall have the meaning assigned to it in section 3 of the Act;

“counting assistant” means a person appointed as a counting assistant under regulation 4;

“Director of Elections” means the person for the time being holding or acting in the public office of Director of Elections;

“district referendum officer” means the person appointed as a district referendum officer under regulation 4;

“national registration card” means a national registration card, issued under the National Registration Act, which is not cancelled or required to be cancelled under that Act, and, in relation to any person, means a national registration card in the lawful possession of that person under the Act;

“national registration number” means the serial number inserted on the national registration card under the National Registration Act;

“official mark” means a mark provided to a presiding officer under regulation 11 for the taking of a poll;

“official seal” means a seal provided to a presiding officer under regulation 11 for the taking of a poll;

“polling assistant” means a person appointed as a polling assistant under regulation 4;

“polling day” means a day specified under section 2 of the Act as a day on which voting in a referendum shall take place, and includes any day appointed under regulation 26;

“polling district” has the meaning assigned to it in section 3 of the Act;

“polling station” means a place established as a polling station under regulation 8;

“presiding officer” means a person appointed as a presiding officer under regulation 4;

“registered” means, in relation to a person, a person registered in a register of voters under the Electoral (Registration of Voters) Regulations;

“register of voters” means a register of voters prepared and certified and, in force, under the Electoral (Registration of Voters) Regulations, and “copy”, in relation to a register of voters means a copy of the register of voters provided to a presiding officer under regulation 11 for the taking of the poll;

“returning officer” means a person appointed as a returning officer under regulation 4;

“voter” means a person registered in a register of voters;

“voter’s registration card” means a voter’s registration card issued under the Electoral (Registration of Voters) Regulations, which is not cancelled or deemed to be cancelled under the provisions of those Regulations

 

3.   Functions of Director of Elections

The Director of Elections shall—

      (a)   ensure that every referendum officer performs his functions under these Regulations with impartiality and in accordance with the provisions of these Regulations;

      (b)   issue to any referendum officer such instructions as he may deem necessary to ensure due compliance with the provisions of these Regulations; and

      (c)   perform all such functions as are conferred or imposed upon him by these Regulations.

 

4.   Appointment of referendum officers

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

      (a)   a district referendum officer;

      (b)   such approved number of presiding officers and polling assistants as the district referendum officer for that polling district may, by notice in writing, appoint.

   (2) In respect of each constituency, there shall be—

      (a)   a returning officer who shall be such person as the Commission shall specify, by Gazette Notice, as the returning officer for that consituency;

      (b)   such approved number of assistant returning officers and counting assistants for a constituency as the district referendum officer may, by notice in writing, appoint.

   (3) Whenever a district referendum officer appoints any person to be a presiding officer, polling assistant, an assistant returning officer or a counting assistant under paragraphs (b) and (c) of sub-regulation (2) of regulation 4, he shall deliver a copy of the notice referred to in paragraphs (b) and (c) to the Director of Elections.

   (4) In this regulation-

“approved” means approved by the Director of Elections.

 

5.   Form of oath or affirmation for referendum officers

   (1) Every returning officer shall, before exercising any of the functions conferred upon him under these Regulations, take and subscribe an oath, or make an affirmation in lieu thereof, before a magistrate in the appropriate form set out in Form REF. 1 in the Schedule.

   (2) Every presiding officer, polling assistant, assistant returning officer and counting assistant appointed under paragraphs (b) and (c) of sub-regulation (2) of regulation 4 to assist a returning officer in the exercise of his functions shall, before exercising any of the functions conferred upon him under these Regulations, take and subscribe an oath, or make an affirmation in lieu thereof, before a magistrate or returning officer in the appropriate form set out in Form REF. 1 in the Schedule.

 

6.   Revocation of appointment of referendum officer to be notified

   (1) Where the Commission revokes the appointment of a returning officer, it shall publish a notice of such revocation in the Gazette.

   (2) Where a district referendum officer revokes the appointment of an assistant returning officer, a presiding officer, a counting assistant or a polling assistant, he shall give notice, in writing, of the revocation to the person concerned and shall deliver a copy of the notice to the Director of Elections.

PART II
PROCEDURE FOR THE POLL

 

7.   Poll to be conducted by secret ballot

At any referendum held pursuant to section 2 or paragraph (a) of sub-section (1) of section 21 of the Act, the poll shall be taken by means of a secret ballot and the result of such referendum shall be ascertained in accordance with the provisions of Part III.

 

8.   Establishment of polling stations

   (1) The district referendum officer for a polling district shall appoint a place at which the polling station for that polling district shall be established, and shall cause notice of every place so appointed to be published in such manner as the Director of Elections may direct.

   (2) With the approval of the Director of Elections, the same polling station may be appointed under this regulation for two or more polling districts.

 

9.   Commencement and close of poll

The poll shall commence and, subject to the provisions of regulation 26, close at such time as the Commission shall, by Gazette Notice, direct:

Provided that the presiding officer shall permit every voter who at the time of closing the poll—

      (i)   is inside the polling station; or

      (ii)   is in his opinion, in the immediate precincts of the polling station and was prevented from entering the polling station owing to congestion therein;

to cast his vote before closing the poll.

 

10.   Right to vote

   (1) A voter shall be entitled to vote in a referendum at the polling station appointed for the polling district in which he is registered and, except by virtue of the provisions of regulation 22 or 23, shall not be entitled to vote at any other polling station.

   (2) At the taking of a poll in a referendum a voter shall be entitled to cast one, and only one, vote in respect of the question submitted to the referendum and, if a voter’s name appears in error or for any other reason in more than one register of voters or more than once in the same register of voters, he shall not be entitled to cast more than one vote in respect of such question.

 

11.   Duty of returning officer and publication of notices at polling stations

For the taking of a poll in a referendum a returning officer shall, in respect of each polling district within his constituency—

      (a)   ensure that in each polling station there are sufficient compartments within which voters may mark their ballot papers in secrecy and screened from observation;

      (b)   provide each presiding officer with such number of ballot boxes, ballot papers, official marks, official seals, copies of the register of voters relating to that polling district and such other things as may be necessary for the purposes of these Regulations;

      (c)   do such other acts and make such arrangements to facilitate the taking of the poll as may be necessary for ensuring that it is taken in the manner provided in these Regulations and in accordance with any instructions issued by the Commission or the Director of Elections; and

      (d)   publish, both inside and outside each polling station, notices showing the question submitted to the referendum.

 

12.   Ballot boxes, official seals and official marks

   (1) Every ballot box shall be so constructed that, after it is sealed under regulation 14, the ballot papers can be placed in it by voters but not taken out without breaking the seals.

   (2) In respect of every referendum, the official seals and official marks shall be in such form as the Director of Elections may determine.

 

13.   Ballot papers

   (1) Every ballot paper shall be as in Form REF. 2 in the Schedule and shall show—

      (a)   the question submitted to the referendum;

      (b)   the word “YES” and the word “NO” printed separately on it; and

      (c)   the symbol of a hand with the index finger raised representing the word “YES” and the symbol of a foot representing the word “NO”.

   (2) Every ballot paper shall be attached to a counterfoil bearing the same serial number as that printed on the ballot paper.

 

14.   Procedure before commencement of poll

   (1) Immediately before the commencement of a poll, the presiding officer at each polling station shall, in the presence of at least one polling assistant, show every ballot box, open and empty, to any person whose presence is permitted under regulation 15 so that such person may see that it is empty, and shall then lock and seal with the official seal every ballot box, and the seal shall not be broken until the ballot box is opened in accordance with the provisions of these Regulations.

   (2) The presiding officer at each polling station, shall, in the presence of at least one polling assistant, place the key to every ballot box in an envelope marked “A” as soon as such ballot box has been locked in accordance with sub-regulation (1), and shall then seal the envelope with the official seal, and the seal shall not be broken until the ballot box is opened in accordance with the provisions of these Regulations.

   (3) The presiding officer at each polling station shall place every ballot box locked and sealed under sub-regulation (1) in such a position in the polling station that it can be seen throughout the taking of the poll by the presiding officer and by any person whose presence is permitted under regulation 15.

   (4) The presiding officer at each polling station shall ensure that there is available throughout the taking of the poll in each compartment provided under paragraph (a) of regulation 11 a suitable pencil or pen for the use of every voter when marking his ballot paper.

 

15.   Control of persons entering polling station

   (1) The presiding officer at each polling station shall keep order in such polling station and in its precincts, and shall regulate the number of voters to be admitted at a time to such polling station.

   (2) The presiding officer at each polling station may require any person, other than—

      (a)   Members of the Commission or its members of staff;

      (b)   the Director of Elections;

      (c)   the returning officer and any assistant returning officer for the constituency in which such polling station is situated;

      (d)   the district referendum officer for the polling district;

      (e)   the polling assistants appointed under regulation 4 in respect of such polling station;

      (f)   a police officer on duty; or

      (g)   any person authorised in writing by the Director of Elections to enter and remain in such polling station;

to leave such polling station and its precincts:

Provided that any of the above persons may be required by the presiding officer to leave the polling station and its precincts if, in the opinion of the presiding officer, such person is causing a disturbance which is likely to interfere with the taking of the poll.

   (3) Every person authorised in writing by the Director of Elections to enter and remain in a polling station shall, before attending at the taking of a poll in any polling station in a constituency, take and subscribe an oath, or make an affirmation in lieu thereof, in the form prescribed in regulation 5 and, for that purpose, the returning officer for such constituency shall have the power to administer such oath.

   (4) The powers conferred by this regulation shall not be exercised so as to prevent any voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at such polling station.

 

16.   Application for ballot paper

   (1) A person, in order to vote at a referendum, shall apply for a ballot paper and, for that purpose, shall—

      (a)   except where the provision of regulation 22 or 23 apply, present himself at the polling station appointed under regulation 8 for the polling district in which he is registered;

      (b)   except where the provisions of regulation 24 apply, produce his voter’s registration card to the presiding officer or polling assistant at such polling station;

      (c)   identify himself by producing the national registration card bearing the national registration number recorded on his voter’s registration card; and

      (d)   if so required by the presiding officer or polling assistant, present both his hands for inspection by that officer;

and no person shall be issued with a ballot paper unless he complies with the above requirements.

   (2) A presiding officer or polling assistant at a polling station may put to any applicant for a ballot paper such question as he may consider necessary to enable him to identify the applicant with a name on the copy of the register of voters at such polling station.

   (3) No applicant for a ballot paper shall be issued with a ballot paper or permitted to vote at a polling station unless the presiding officer or polling assistant for that polling station is satisfied—

      (a)   except where the provisions of regulation 22 or 23 apply, that the applicant is registered in the polling district for which that polling station is appointed;

      (b)   except where the provisions of regulation 24 apply, that the applicant has produced the voter’s registration card issued to him in respect of such registration;

      (c)   that the applicant has properly identified himself under paragraph (c) of sub-regulation (1);

      (d)   that the applicant has not previously voted in the referendum in respect of which he is applying for ballot paper; and

      (e)   that the applicant is not disqualified from voting at elections to the National Assembly.

 

17.   Procedure for casting vote

If a presiding officer or polling assistant at a polling station is satisfied under regulation 16, 22, 23 or 24 that an applicant is entitled to be issued with a ballot paper and to vote, the following procedure shall, subject to the provisions of regulation 21, be followed—

      (a)   the voter shall, prior to receiving a ballot paper immerse a thumb up to at least the whole of the exposed nail in ink provided by the presiding officer:

Provided that-

      (i)   in the case of a voter without any thumb, such voter shall immerse a finger up to at least the whole of the exposed nail; and

      (ii)   in the case of a voter without any thumb or fingers, this paragraph shall not apply;

      (b)   before issuing a ballot paper to the voter the presiding officer or polling assistant shall—

      (i)   except where the provisions of regulation 22 or 23 apply, draw a line through the number and name of the voter in the copy of the register of voters as evidence that such voter has received a ballot paper;

      (ii)   stamp the ballot paper with the official mark;

      (iii)   enter on the counterfoil of the ballot paper the number of the voter as recorded in the copy of the register of voters; and

      (iv)   except where the provisions of regulation 24 apply, stamp the voter’s registration card produced by the voter under regulation 16 with the official mark;

      (c)   the presiding officer or polling assistant shall then detach the ballot paper from its counterfoil and deliver it to the voter;

      (d)   the voter, on receiving the ballot paper, shall enter one of the compartments provided under regulation 11 in the polling station and shall record his vote by secretly marking the ballot paper with the mark X opposite either the word “YES” or the word “NO” and shall then fold the ballot paper in such a way that the official mark stamped on it is visible and the mark signifying his vote is not visible; and

      (e)   the voter shall then leave the compartment and shall, in the presence of the presiding officer or polling assistant, place the folded ballot paper in the ballot box provided in the polling station for that purpose.

 

18.   Votes to be cast without undue delay

   (1) A voter shall vote without undue delay and shall leave the polling station as soon as he has placed his ballot paper in the ballot box.

   (2) Where the presiding officer is of the opinion that any person present in the compartment has delayed unduly in it and that the delay may hinder the adequate or orderly conduct of the poll, he may require that person to complete the producre set out in paragraph (d) of regulation 17 within a period of two minutes immediately thereafter.

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   (3) On or after the expiry of the period of two minutes referred to in sub-regulation (2), the presiding officer may direct the person concerned to place the ballot paper issued to that person in the ballot box and to leave the polling station, and its precincts and not to return to it during the period of the poll.

 

19.   Polling assistant may act during temporary absence of presiding officer

At any polling station the presiding officer, may during a temporary absence from the polling station, delegate his powers, subject to the directions of the Director of Elections, to a polling assistant and, during the period of that delegation, the polling assistant shall have and may exercise the powers of the presiding officer.

 

20.   Spoilt ballot papers

Where a voter inadvertently deals with a ballot paper in such manner that it cannot be used as a valid ballot paper, he shall deliver that ballot paper (hereinafter referred to as a “spoilt ballot paper”) to the presiding officer and if the presiding officer is satisfied that the ballot paper has been spoilt inadvertently, he shall issue another ballot paper to that voter, and shall cancel the spoilt ballot paper and the counterfoil to which it relates.

 

21.   Presiding officer, a relative or a friend may assist incapacitated voter

   (1) A presiding officer, a relative or a friend may, upon application by and with the consent of—

      (a)   a voter who is incapacited by blindness or other physical cause from voting in accordance with the procedure prescribed by regulation 17; or

      (b)   a voter who orally declares that he is unable to read or otherwise asks for the assistance of the presiding officer, a relative or a friend:

and with the assent of such voter, enter a compartment with that voter in order to assist him cast his vote pursuant to the provisions of paragraph (d) of regulation 17 and, subject to those provisions, mark the ballot paper, issued to that voter, opposite either the word “YES” or the word “NO” as the voter may signify, and place it in the ballot box on behalf of that voter:

Provided that the relative or friend proves himself to be a registered voter in that polling district and has not already assisted another voter in voting in that referendum.

   (2) A presiding officer acting under this regulation shall record in the copy of the voter’s roll, by means of a mark placed next to the name of the voter concerned, that he or a relative or a friend of a voter has marked the ballot paper as aforesaid on application by the voter, and the reasons for doing so.

 

22.   Voting by persons employed on election duties

   (1) Where a voter is employed as a returning officer, assistant returning officer, presiding officer, polling assistant, police officer or in any other official capacity on referendum duties, and is unable by reason of that employment to vote in the polling district in which he is registered, the returning officer for the constituency in which he is so employed shall, on application in person and upon production of his voter’s registration and national registration cards authorise that voter by certificate in Form REF. 3 in the Schedule to vote at the polling station at which, or which is most easily accessible from the place at which, he is so employed.

   (2) Any voter to whom a certificate is issued under sub-regulation (1) shall deliver that certificate to the presiding officer when he applies for a ballot paper.

 

23.   Voting elsewhere than where registered

   (1) Where a voter wishes to vote at a polling station in a district council area, other than that in which he is registered, the district referendum officer for the polling district in question shall, on application in person in accordance with sub-regulation (2) and upon production of his voter’s registration and national registration cards, authorise that voter by certificate in Form REF. 4 in the Schedule, to vote at that polling station.

   (2) Application for the certificate shall be made not later than four days before the date specified under section 2 of the Act for the taking of the poll in the referendum.

   (3) Any voter to whom a certificate of authority is issued under sub-regulation (1) shall deliver that certificate to the presiding officer when he applies for a ballot paper.

 

24.   Lost, etc., voter’s registration card

   (1) Where a voter’s registration card has been lost, destroyed or so defaced as to be illegible in any material particular, the district referendum officer of the polling district in which the voter in question is registered shall, on application in person in accordance with sub- regulation (2) and on production of his national registration card isuse a certificate in Form REF. 5 in the Schedule:

Provided that no certificate shall be issued unless the district referendum officer is satisfied that the applicant is a voter registered in a polling district for which he is responsible under regulation 4.

   (2) Application for a certificate shall be made not later than four days before the date specified under section 2 of the Act for the taking of the poll in the referendum.

   (3) Any voter to whom a certificate is issued under sub-regulation (1) shall deliver that certificate to the presiding officer when he applies for a ballot paper.

 

25.   Restriction on communication in precincts of polling station

No person, other than a presiding officer, polling assistant, police officer or person on duty in an official capacity at a polling station, shall have any communication whatsoever with a voter while the voter is in the precincts of a polling station for the purpose of voting.

 

26.   Adjournment of poll in case of emergency

   (1) Notwithstanding the terms of any order made under section 2 or 22 of the Act, a presiding officer may, in his discretion, postpone until later in the day, and if, necessary, adjourn to some other day, the proceedings at his polling station where they are interrupted by riot, open violence, flood, natural catastrophe or other similar cause, but where he does so, he shall start or restart the proceedings at the earliest practicable moment.

   (2) A presiding officer may, in his discretion, extend the hours or adjourn the day of polling at his polling station where polling has been interrupted by any of the causes aforesaid, and reference in these Regulations to the close of the poll shall be construed accordingly.

   (3) If a poll is adjourned under this regulation at any polling station, the hours of polling on the day to which it is adjourned shall be the same as for the original day, and references in these Regulations to the closing of the poll shall be construed accordingly.

   (4) Where a presiding officer postpones or adjourns the poll under this regulation, he shall take such precautions as are necessary to safeguard the ballot boxes, ballot papers and other referendum requisites, and shall forthwith notify the returning officer of the postponement or adjournment, as the case may be.

   (5) Where a returning officer is notified under sub-regulation (4) of the postponement or adjournment of a poll, he shall forthwith notify the Director of Elections of the postponement or adjournment, as the case may be.

 

27.   Procedure after close of poll

   (1) As soon as practicable after the closing of the poll, the presiding officer at a polling station, in the presence of at least one polling assistant shall—

      (a)   close and seal with the official seal the aperture of every ballot box used for the poll;

      (b)   complete the ballot paper account in respect of the poll which shall be as in Form REF. 6 in the Schedule; and

      (c)   place in separate envelopes, which shall be sealed with the official seal, the following items in the manner hereinafter provided:

      (i)   in an envelope marked “B”, the unused ballot papers which shall remain attached to their respective counterfoils and the spoilt ballot papers;

      (ii)   in an envelope marked “C”, the copy of the register of voters marked in accordance with regulation 17 and 21, together with the certificates delivered to the presiding officer under regulation 22 and 23;

      (iii)   in an envelope marked “D”, the counterfoils of the used ballot papers including the counterfoil of any spoilt paper;

      (iv)   in an envelope marked “E”, the ballot paper account completed under paragraph (b); (v) in an envelope marked “F”, the official mark and the official seals; and

      (vi)   in a plain envelope, the certificates delivered to the presiding officer in terms of regulation 24.

   (2) The presiding officer shall, in accordance with such directions as may be issued by the Director of Elections, despatch each envelope sealed in accordance with the provisions of sub- regulation (2) of regulation 14 and of this regulation together with the ballot boxes sealed in accordance with this regulation, in safe custody to the returning officer for the constituency in respect of which the poll was conducted.

PART III
PROCEDURE FOR THE COUNT AND DECLARATION OF RESULT OF REFERENDUM

 

28.   Duty of returning officer to arrange for counting of votes and notification of public

   (1) The returning officer for a constituency in which a poll is taken shall arrange for the counting of the votes to take place as soon as practicable after the close of the poll in that constituency and shall, so far as circumstances permit, proceed continuously with the counting, allowing only reasonable time for refreshment, until the count is completed.

   (2) The returning officer for each constituency in which a poll is to be taken shall, by public notice, prior to the day appointed for the taking of the poll, state the place at which he will count the votes cast in the poll.

   (3) Every assistant returning officer appointed for a constituency shall attend at the counting of the votes cast in the poll in that constituency.

 

29.   Persons who may attend counting of votes

   (1) At the counting of the votes cast in a referendum in any constituency no person other than—

      (a)   members of the Commission or its members of staff;

      (b)   the Director of Elections;

      (c)   the returning officer and any assistant returning officer appointed for such constituency;

      (d)   the counting assistants appointed by the district referendum officer;

      (e)   the district referendum officer of any polling district within such constituency;

      (f)   a police officer on duty; or

      (g)   any person authorised in writing by the Director of Elections;

may attend.

   (2) Every person authorised to attend the counting of the votes in any constituency, other than the Commission and its members of staff, shall, unless he has taken the oath or made an affirmation under the provisions of regulation 5 or 15, before so attending, take and subscribe an oath, or make an affirmation in lieu thereof, in the form prescribed in regulation 5, and for that purpose the returning officer for that constituency shall have power to administer the oath.

 

30.   Examination of seals of envelopes and ballot boxes received by returning officer

   (1) The returning officer for a constituency in which a poll has been taken shall take into his custody, and issue a receipt for, all envelopes and ballot boxes delivered to him in accordance with the provisions of sub-regulation (2) of regulation 27.

   (2) When the returning officer for a constituency in which a poll has been taken is satisfied that he has received all the envelopes and ballot boxes in respect of all the polling stations in that constituency he shall, at the place notified under sub-regulation (2) of regulation 28 for the counting of the votes, examine the seals of all the envelopes and ballot boxes.

   (3) The returning officer shall submit to the Director of Elections a written report of the result of the examination carried out under sub-regulation (2) if that examination reveals that the seals of any envelope or ballot box are broken.

 

31.   The count

The returning officer for a constituency in which a poll has been taken shall, with the aid of the counting assistants for that constituency, count all the votes cast in the referendum in that constituency according to the following procedure—

      (a)   the returning officer shall open each ballot box and, after removing all the ballot papers from them, shall count and record the total number of ballot papers contained in each ballot box without reference to the manner in which the ballot papers are marked;

      (b)   subject to the provisions of regulation 32, the returning officer shall count and record the total number of valid ballot papers signifying the answer “YES”, and the total number of valid ballot papers signifying the answer “NO”:

Provided that the ballot papers contained in any ballot box shall be mixed with those from at least one other ballot box before being so counted;

      (c)   the returning officer shall ensure that, while counting the ballot papers, the counting assistants keep the side of each ballot paper on which the vote is recorded upwards, and shall take all precautions for preventing any person present at the count from seeing the number printed on each ballot paper.

 

32.   Rejection of ballot papers

   (1) The returning officer shall, subject to sub-regulation (2) reject as invalid, and shall not count, any ballot paper—

      (a)   which does not bear the official mark, unless the returning officer is satisfied that the omission was a bona fide error;

      (b)   on which votes are cast signifying more than one answer;

      (c)   on which anything is written or marked by which the voter can be identified, other than the number printed on the ballot paper; or

      (d)   which is unmarked or invalid for uncertainty.

   (2) A ballot paper on which the vote is marked—

      (a)   elsewhere than in the proper place

      (b)   otherwise than by means of the mark X; or

      (c)   by more than one mark;

shall not by reason thereof be invalid if an intention that the vote shall signify either the answer “YES” or the answer “NO” clearly appears, and the way the paper is marked does not of itself identify the voter and it is not shown that he can be identified thereby.

   (3) The returning officer shall endorse the word “rejected” on any ballot paper which under this regulation is not to be counted.

   (4) The returning officer shall draw up and deliver to the Director of Elections a statement in the Form REF. 7 in the Schedule showing the number of ballot papers rejected under the several heads of—

      (a)   want of official mark;

      (b)   votes signifying more than one answer;

      (c)   writing or mark by which voter could be identified; or

      (d)   unmarked or invalid for uncertainty.

 

33.   Recounting of votes

If, when the counting of votes is completed pursuant to the foregoing provisions of these Regulations, the returning officer considers it necessary or desirable, he may cause the votes to be recounted before declaring the result under regulation 34.

 

34.   Declaration of result of Poll in constituency and notification of Commission

When the counting of the votes has been completed and the result of the poll ascertained in respect of a constituency, the returning officer shall—

      (a)   complete in duplicate a declaration of the result of the poll in that constituency as in Form REF.8 in the Schedule;

      (b)   read aloud in public, at the place where the counting was conducted the completed form; and

      (c)   cause to be delivered to the Commission without delay the original of such completed form.

 

35.   Declaration of result of referendum by Commission

The Commission, on receipt of Form REF.8 completed under paragraph (a) of regulation 34 in respect of all constituencies shall—

      (a)   ascertain from such forms the total number of votes cast in the referendum signifying the answer “YES” and the total number of votes cast in the referendum signifying the answer “NO”;

      (b)   complete in duplicate a declaration of the result of the referendum as in Form REF.9 in the Schedule, which declaration shall state whether the total number of votes cast in the referendum signifying the answer “YES” is greater or less than the total number of votes cast in the referendum signifying the answer “NO”; and

      (c)   cause to be delivered to the President without delay the original of the completed form;

      (d)    cause the result of the referendum to be announced publicly; and

      (e)   cause the said result to be published in the Gazette.

 

36.   Form of declaration under section 23 of the Act

A declaration made by the Commission at the conclusion of the trial of a referendum petition in accordance with sub-section (3) or (4), as the case may be, of section 23 of of the Act, shall be as in Form REF.10 in the Schedule.

 

37.   Questions arising on decision of returning officer

The decision of a returning officer on any question arising in respect of any ballot paper or as to the declaration by him of the result of a poll shall not be questioned except by a referendum petition presented under the provisions of the Act.

 

38.   Ballot papers to be sealed in marked envelopes after completion of counting

On the completion of the counting of the votes cast in a referendum in any constituency, the returning officer for that constituency shall seal up in separate, marked envelopes the ballot papers signifying the answer “YES” and the ballot papers signifying the answer “NO” and shall place the rejected ballot papers in separate, marked envelopes.

 

39.   Verification of ballot paper counts

   (1) The returning officer for a constituency shall, as soon as possible after the completion of the counting of the votes for that constituency and in the presence of the assistant returning officers for that constituency, proceed with the verification of the ballot paper accounts according to the following procedure—

      (a)   he shall open the envelopes marked “B” containing the unused ballot papers together with their counter-foils and the spoilt ballot papers, and the envelopes marked “E” containing the ballot paper accounts, delivered to him under regulation 27, in respect of each polling district in that constituency;

      (b)   he shall, in respect of each polling district compare the ballot paper account with the total number of ballot papers contained in the ballot boxes as recorded under paragraph (a) of regulation 31, and with the total number of unused and spoilt ballot papers contained in the envelope marked “B” for that polling district;

      (c)   he shall reseal the envelopes marked “B”with their respective contents; and

      (d)   he shall place all ballot paper accounts for that constituency in one envelope marked “E” and shall seal that envelope.

   (2) The returning officer shall then prepare and deliver to the Director of Elections a report on the verification of the ballot paper accounts in Form REF. 11 in the Schedule.

 

40.   Custody and destruction of referendum matter

   (1) Upon the completion of the verification of the ballot paper accounts under regulation 39, the returning officer shall forthwith deliver to the Commission<FT:"Times New Roman Greek",SR>¯

      (a)   in respect of each polling district within his constituency, the envelope marked “B” containing the unused ballot papers together with their counterfoils and the spoilt ballot papers;

      (b)   in respect of each polling district within his constituency, the envelope marked “C” containing the copy of the register of voters and the certificates placed in it under regulation 27;

      (c)   the envelope containing the ballot papers and sealed under regulation 38; and

      (d)   the envelope containing the rejected ballot papers and sealed under regulation 38;

and shall forthwith deliver to the Director of Elections in respect of each polling district within his constituency<FT:"Times New Roman Greek",SR>¯

      (i)   the envelope marked “D” containing the counter-foils of the used and the spoilt ballot papers, delivered to the returning officer under regulation 27;

      (ii)   the envelope marked “E” containing the ballot paper account;

      (iii)   the envelope marked “F” containing the official seal and the official mark, delivered to the returning officer under regulation 27; and

      (iv)   the plain envelope containing the certificate delivered to the returning officer in terms of regulation 27.

   (2) The Commission shall retain the envelope delivered under sub-regulation (1) in respect of any referendum for a period of twenty-one days after the day on which the result of the referendum was declared and shall then cause them to be destroyed by burning, pulping or by any other efficacious method:

Provided that where the Commission has been informed under sub-section (4) of section 15 of the Act that a referendum petition has been presented in respect of the referendum, the envelopes shall not be destroyed until such time as the trial of that referendum petition has been finally determined.

   (3) The Director of Elections shall retain the envelopes marked “D” and the plain envelopes delivered to him under sub-regulation (1) for a period of twenty-one days after the day on which the result of the referendum was declared and shall then cause them to be destroyed by burning, pulping or by any other efficacious method approved by the Commission and shall notify the Commission accordingly:

Provided that where the Commission has been informed under sub-section (4) of section 15 of the Act that a referendum petition has been presented in respect of the referendum, the envelopes shall not be destroyed until such time as the trial of that referendum petition has been finally determined.

PART IV
CORRUPT PRACTICES AND REFERENDUM OFFENCES

 

41.   Bribery

   (1) Any person who directly or indirectly, by himself or any other person—

      (a)   gives, lends or procures, or agrees to give, lend or procure or offers, promises or promises to procure, any money to, or for, any person on behalf of any voter or to, or for, any other person in order to induce any voter to vote or refrain voting or who corruptly does any such act as aofresaid on account of such voter having voted or refrained from voting at an refendum;

      (b)   gives, lends or agrees to give or lend, or offers, or promises to procure or to endeavour to procure, any money to, or for, any voter or to, or for, any other person on behalf of any voter or to, or for, any other person for acting or joining in any processing or demonstration before, during or after, any referendum;

      (c)   makes any such gift, loan, offer, promise, procurement or agreement to, or for, any person in order to induce such person to procure or to endeavour to procure the vote of any voter at any referendum;

      (d)   upon or in consequence of any such gift, loan, offer, promise, procurement or agreement, procures or engages, promises, endeavours to procure, the vote of any voter at at any referendum;

      (e)   advances or pays or causes to be advanced or paid any money to or for the use of any other person with the intent that such money or any part thereof shall be expended in bribery at any referendum, or who knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any referendum;

      (f)   before or during any referendum receives or contracts for any money or loan for himself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting at such referendum;

      (g)   after any referendum receives any money on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting at such referendum; or

      (h)   conveys or transfers or is concerned with the conveyance or transfer of any property, or pays or is concerned with the payment of any money, to any person for the purpose of inducing him to vote or refrain from voting;

shall be guilty of the offence of bribery.

   (2) Nothing in this regulation shall be construed as applying to any money paid or agreed to be paid for or on account of any expenditure bona fide and lawfully incurred in respect of the conduct or management of a referendum.

 

42.   Personation

Any person who–

      (a)   at any referendum applies for a ballot paper in the name of some other person, living or dead, or of a fictitious person;

      (b)   having voted once at any referendum applies again at the same referendum for a ballot paper; or

      (c)   votes or induces or procures any person to vote at any referendum knowing that he or that person is not entitled to vote at that referendum;

shall be guilty of the offence of personation.

 

43.   Treating

Any person who corruptly by himself or by any other person either before, during or after the referendum, directly or indirectly, gives or provides or pays wholly or in part the expenses of giving or providing any food, drink, entertainment, lodging or provisions to, or for, any person for the purpose of corruptly infuencing that person or any other person to give or refrain from giving his vote at a referendum shall be guilty of the offence of treating.

 

44.   Undue influence

   (1) Any person who directly or indirectly, by himself or by any other person<FT:"Times New Roman Greek",SR>¯

      (a)   makes use of or threatens to make use of any force, violence or restraint upon any other person;

      (b)   inflicts or threatens to inflict by himself or by any other person, or by any supernatural or non-natural means or pretended supernatural or non-natural means, any temporal or spiritual injury, damage, harm or loss upon or against any person; or

      (c)   does or threatens to do anything to the disadvantage of any person;

in order to induce or compel that person to vote or refrain from voting or an account of that person having voted or refrained from voting at any referendum, shall be guilty of the offence of undue influence.

   (2) Any person who, by abduction, duress, or any fraudulent device or contrivance, impedes or prevents the free exercise of his vote by any voter or thereby compels, induces or prevails upon any voter either to give or to refrain from giving his vote at any referendum, shall be guilty of the offence of undue influence.

 

45.   Corrupt practices and penalties

Any person who is guilty of the offence of bribery, personation, treating or undue influence shall be guilty of a corrupt practice and shall be liable on conviction to a fine not exceeding sixty penalty units or to imprisonment for a period not exceeding two years, or to both.

[Am by Act 13 of 1994.]

 

46.   Obstruction of voter

Any person who at a referendum obstructs a voter either at the polling station or on his way thereto or therefrom shall be guilty of an offence.

 

47.   Unlawful conduct at public meeting

Any person who, at a lawful public meeting held in connection with a referendum prior to the holding of that referendum, acts or incites others to act in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting is called, shall be guilty of an offence.

 

48.   Unlawful broadcasting

Any person who, with intent to influence any person to give or refrain from giving his vote at a referendum, uses or procures the use of any wireless transmitting station outside the Republic shall be guilty of an offence.

 

49.   Referendum offences

   (1) Any person who—

      (a)   forges or counterfeits or fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper;

      (b)   without due authority supplies any ballot paper to any person;

      (c)   without due authority puts into any ballot box any ballot paper which he is not authorised by law to put in;

      (d)   sells or offers to sell any ballot paper to any person or purchases or offers to purchase any ballot paper from any person;

      (e)   not being a person entitled under these Regulations to be in possession of a ballot paper, has any such ballot paper in his possession;

      (f)   puts into any ballot box anything other than the ballot paper which he is authorised by law to put in;

      (g)   without due authority takes out of the polling station any ballot paper or is found in possession of any ballot paper outside a polling station;

      (h)   without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers intended for the use or purpose of a referendum;

      (i)   without due authority prints or makes any ballot paper or what purpots to be or is capable of being used as a ballot paper at a referendum;

      (j)   manufactures, constructs, has in his possession, supplies, or uses for the purpose of a referendum or causes to be manufactured, constructed, supplied or used for the purpose of a referendum any appliance, device or mechanism by which a ballot paper may be extracted or manipulated after having been deposited in a ballot box in the course of polling at any polling station;

      (k)   on any polling day, at the entrance to or within a polling station, or in any public or private place within four hundred metres from the entrance to such polling station—

      (i)   canvasses for votes;

      (ii)   solicits the vote of any person;

      (iii)   induces any person not to vote; or

      (iv)   induces any person not to vote in a particular manner;

      (l)   on any polling day loiters in any public place within four hundred metres from the entrance to any polling station;

      (m)   on any polling day exhibits in any public or private place within one hundred metres from the entrance to any polling station any notice or sign, other than an official notice or sign authorised by any officer under the provisions of these Regulations, relating to the referendum;

      (n)   not being a presiding officer or a polling assistant in the course of his functions within a polling station, makes any record showing that any particular person has voted in a referendum;

      (o)   without lawful authority, destroys, mutilates, defaces or removes any notice which is exhibited under these Regulations, or any document made available for inspection under these Regulations;

      (p)   wilfully obstructs or interferes with a returning officer, presiding officer or polling assitant in the execution of his duties;

      (q)   makes a false answer to any question put to him by a presiding officer or a polling assistant under the provisions of sub-regulation (2) of regulation 16;

      (r)   in contravention of regulation 25, has any communication with a voter while such voter is in the precincts of a polling station for the purpose of voting; or

      (s)   having been required under sub-regulation (2) of regulation 15 or directed under sub-regulation (3) of regulation 18 to leave a polling station, fails to leave that polling station or its precincts;

shall be guilty of an offence.

   (2) In a prosecution for an offence in relation to a ballot box or ballot paper, the property in that ballot box or ballot paper as well as the property in the counterfoil of any ballot paper, may be stated to be in the returning officer for the constituency to which such ballot box or ballot paper, as the case may be, relates.

 

50.   Prohibition of breach of secrecy

   (1) Every person in attendance at a polling station shall maintain, and aid in maintaining the, secrecy of the voting at that station and shall not communicate, except for some purpose authorised by law, to any person any information as to the name or number on the register of voters of any voter who has or has not applied for a ballot paper or voted at that polling station, or as to the official mark or official seal at that polling station.

   (2) No person, except a presiding officer acting under the provisions of regulation 21, shall obtain or attempt to obtain in a polling station information as to how any person in that polling station is about to vote or has voted, or communicate at any time to any person any information obtained in a polling station as to how any person in that polling station is about to vote or has voted, or as to the number on the ballot paper issued to any person at that polling station.

   (3) Every person in attendance at the counting of the votes shall maintain, and aid in maintaining, the secrecy of the voting and shall not ascertain or attempt to ascertain at the counting the number on any ballot paper or communicate any information obtained at that counting as to the vote signified by any particular ballot paper.

   (4) Any person who contravenes any of the provisions of this regulation shall be guilty of an offence.

 

51.   Offences by referendum officers

Any referendum officer who wilfully fails to perform the functions of his office under these Regulations shall be guilty of an offence.

 

52.   Offences by printers and publishers

   (1) Every bill, placard, poster, pamphlet, circular or other printed matter having reference to a referendum shall bear upon its face the name and address of the printer and of the publisher and any person who prints, publishes or posts, or causes to be printed, published or posted any matter which fails to bear upon its face such names and addresses shall be guilty of an offence.

   (2) The proprietor and publisher of every newspaper shall cause the word “advertisement” to be printed as a headline to each article or paragraph appearing in his newspaper containing referendum publicity matter, the insertion of which is or is to be paid for and any proprietor or publisher who fails to comply with this provision shall be guilty of an offence.

   (3) For the purposes of this regulation—

      (a)   any process for producing copies of a document, other than by copying it by hand, shall be deemed to be printing and “printed” shall be construed accordingly; and

      (b)   “referendum publicity matter” shall be deemed to include all matters which, on the face of them, are intended or calculated to affect the result of a referendum.

 

53.   Penalties

   (1) Except as provided for in regulation 45, any person guilty of an offence under these Regulations shall be liable on conviction to a fine not exceeding sixty penalty units or to imprisonment for a period not exceeding two years, or to both.

   (2) Any person who attempts to commit an offence against these Regulations shall be liable to the punishment prescribed for that offence.

[Am by Act 13 of 1994.]

PART V
CANVASSING

 

54.   Application

This Part shall apply to a referendum to be held on the question of whether or not to re- introduce a multi-party system of politics.

 

55.   Interpretation

In this Part, “public media” means any newspaper, publication or broadcasting service which is owned or controlled by or on behalf of the State.

 

56.   Functions of Director of Elections

The Director of Elections shall—

      (a)   ensure that every district referendum officer performs his functions under this Part with impartiality and in accordance with the provisions of this Part;

      (b)   issue to any district referendum officer and to any officer or authority of the Government upon whom any power has been conferred or any duty imposed by the Commission under section 6 of the Act such instructions as he may consider necessary to ensure due compliance with the provisions of this Part; and

      (c)   perform all such functions as are conferred or imposed upon him by the provisions of this part.

 

57.   Canvassing

Public canvassing for, or of, votes in favour of or against any question submitted to the referendum under section 2 of the Act is permitted but shall take place only in accordance with the provisions of this Part.

 

58.   Contents of Written statements

   (1) Any written statement intended for publication to the public and having reference to the referendum for the purpose of canvassing for votes in favour of or against any question submitted to the referendum under section 2 of the Act and being a statement not issued by or on behalf of the Commission shall—

      (a)   bear the names and addresses of the authors, printers and publishers and shall otherwise conform with the requirements of regulation 52;

      (b)   be in the form of a statement for or against the question setting out the merits or demerits of one or the other political system;

      (c)   be confined to discussing or arguing the case for, or against, one system or the other as a political model and shall not discuss particular individual persons nor shall it contain defamatory imputations, criticisms or attacks against any individual person or the personal character of any individual whether holding or thought to hold opposing views or not; and

      (d)   not be seditious or inflammatory or against any written law and shall not be intemperate, offensive, hysterical, provocative, or in any way calculated to incite hatred, public disorder, breaches of the peace and violence.

   (2) In this Part, a written statement shall include a bill, placard, poster, pamphlet, or any other printed matter having reference to the referendum.

 

59.   Publication of written statements

A written statement may be published by or on behalf of any person canvassing for votes in favour or against any any question submitted to the referendum under section 2 of the Act by-

      (a)   distributing copies to the public;

      (b)   being read out for broadcasting over the Zambia National Broadcasting Corporation radio and television networks;

      (c)   being advertised in the local press in conformity with regulation 52;

      (d)   being read out at a public meeting; and

      (e)   any other lawful method.

 

60.   Contravention an offence

Any person who publishes any written statement having reference to the referendum in contravention of regulation 58 shall be guilty of an offence.

 

61.   Content etc., of oral statement

   (1) An oral statement made to the public having reference to the referendum for the purpose of canvassing for votes in favour or against any question submitted to the referendum under section 2 of the Act and not being made by or on behalf of the Commission shall<FT:"Times New Roman Greek",SR>¯

      (a)   be in the form of a statement for or against the question setting out the merits or demerits of one or the other political system;

      (b)   be confined to discussing or arguing the case for, or against, one system or the other as a political model and shall not discuss any particular individual person or contain defamatory imputations, criticisms or attacks against any individual person or the personal character of any individual person whether holding or thought to hold opposing views or not; and

      (c)   not be seditious or inflammatory or against any written law and shall not be intemperate, offensive, hysterical, provocative, or in any way calculated to incite hatred, public disorder, breaches of the peace and violence.

   (2) An oral statement, as specified in sub-regulation (1), may be made only at a public meeting arranged and supervised by or on behalf of the Commission at which the speakers shall be persons who have previously indicated in writing to the Commission or the district referendum officer their wish to address a public meeting and have indicated the side of the question they support:

Provided that—

      (a)   separate meetings shall be arranged for persons speaking on one side of the question and those on the other side; and

      (b)   the district referendum officer shall arrange an equal number of meetings for both sides unless no person has come forward to indicate his or her wish to speak on one of the sides of the question.

   (3) An oral statement, as specified under sub-regulation (1), made at a public meeting may consist of reading a written statement.

   (4) The district referendum officer shall publicise the time and venue of each public meeting indicating the side of the question the speakers will support.

   (5) The district referendum officer shall notify, in advance, the officer commanding or the officer-in-charge of police in the locality of any meeting and the officer commanding or the officer-in-charge shall cause the attendance of an adequate number of police officers to ensure the maintenance of law and order and compliance with the provisions of this Part.

   (6) A public meeting held or proposed to be held under this Part may be discontinued or disallowed only by the Commission or the district referendum officer if satisfied, from their own assessment or on the advice of the officer commanding or officer-in-charge of police in attendance, that the meeting cannot continue or take place by reason of riot, open violence or other similar cause but, where a meeting has been discontinued or disallowed, another meeting shall be convened in its stead at the earliest practicable opportunity.

 

62.   Request to public media

The Commission may request any person in charge of the public media, in the case of a newspaper, to allot space, and in the case of broadcasting services, to allot time for the purpose of enabling any person, at his own cost, to canvass in accordance with this Part:

Provided that the Commission may arrange for some broadcasts at its own cost to be alloted equally to both sides of the question.

 

63.   Offences

   (1) Any district referendum officer who wilfully fails to perform the functions of his office under this Part shall be guilty of an offence.

   (2) Any police officer who wilfully fails to perform the functions of his office under this Part shall be guilty of an offence.

   (3) Any person in charge of the public media who, having received a request from the Commission under regulation 62, wilfully obstructs or prevents the publication of an oral or written statement by any person lawfully canvassing with reference to the referendum in accordance with this Part shall be guilty of an offence.

   (4) Any person who, at a lawful public meeting held in connection with the referendum, prior to the holding of such referendum, acts or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting is called, shall be guilty of an offence.

   (5) Any person who directly or indirectly, himself or by any other person—

      (a)   makes use of, or threatens to make use of, any force, violence or restraint upon any other person; or

      (b)   inflicts or threatens to inflict by himself or any other person or by any supernatural or non-natural means or pretended supernatural or non-natural means any temporal or spiritual injury, damage, harm or loss upon or against any person; or

      (c)   does or threatens to do anything to the disadvantage of any person—

      (i)   in order to induce or compel that person to canvass or refrain from canvassing or on account of that person having canvassed or refrained from canvassing in connection with the referendum; or

      (ii)   in order to induce or compel that person to attend or refrain from attending a public meeting or on account of that person having attended or refrained from attending a public meeting held in connection with the referendum;

shall be guilty of an offence.

   (6) Any person who, by abduction, duress or any fraudulent device or contrivance, impedes or prevents the free exercise of his right to canvass under this Part, by any person or thereby compels, induces or prevails upon any person either to canvass or to refrain from canvassing with reference to the referendum shall be guilty of an offence.

 

64.   Penalties

   (1) Any person guilty of an offence under this Part shall be liable on conviction to a fine not exceeding sixty penalty units or imprisonment for a period not exceeding two years or to both.

   (2) Any person who attempts to commit an offence against this Part shall be liable to the punishment prescribed for that offence.

[Am by Act 13 of 1994.]

 

65.   Revocation

SCHEDULE

PRESCRIBED FORMS

FORM REF. 1

REPUBLIC OF ZAMBIA

THE REFERENDUM REGULATIONS

[Regulation 5, 15 AND 29]

OATH OR AFFIRMATION

I, . ..........................................................................................................................................having

been appointed as ...................................................................................................................

swear/solemnly and sincerely affirm that—

      (a)   I will carry out the duties required of me as a result of my appointment impartially and to the best of my ability without fear or favour to any person or persons; and

      (b)   I will not directly or indirectly reveal to any person any matter that may come to my knowledge or notice as a result of my appointment unless so authorised by law.

Signed ......................................................

Sworn/Affirmed before me this.........................................................................................................

day of .......................................................   19 ................

Signed ......................................................

Name in BLOCK CAPITALS .......................................................................................................

Magistrate/Returning Officer ........................................................................................................

FORM REF. 2

REPUBLIC OF ZAMBIA

THE REFERENDUM REGULATIONS

[Regulations 2 AND 13]

BALLOT PAPER

Front
Series No. 

Series No. 

Republic of Zambia Referendum 

Official Mark: 

.................................., 19 .........................
..................................................................

Constituency Number of Voter in Register of Voters

........................................................................................... 

Back

..............................................................CONSTITUENCY
INSTRUCTIONS: MARK ONE CROSS X ONLY IN THE BLANK BOX

AGAINST EITHER

YES OR NO

Question 

Answer 

Symbol 

Mark X in This Column 

The Question will be printed here 

Yes 

 

 

No. 

 

FORM REF. 3

REPUBLIC OF ZAMBIA

THE REFERENDUM REGULATIONS

[Regulation 22]

CERTIFICATE OF AUTHORITY TO VOTE AT A POLLING STATION

To: Presiding Officer,.........................................................................................Polling Station

    .......................................................................................................................Constituency.

In accordance with regulation 22, authority is hereby given for the person specified below to cast his vote at the above polling station..................................................................................................................

      (i)   Full name of voter as shown in Register of Voters.............................................
.............................................................................................................................

      (ii)   Referendum duties..............................................................................................

      (iii)   Name of polling district in which registered.........................................................
.............................................................................................................................

      (iv)   Number of voter in Register of Voters.................................................................

      (v)   National Registration Number of Voter ...............................................................

Dated         ..................................... , 19 ........................                        .................................................

Returning Officer

INSTRUCTIONS

1. This certificate may only be issued to a person who is unable to vote at the polling station appointed for the polling district in which he is registered due to the fact that he is employed in an official capacity on referendum duties at some other polling station.

2. In addition to this certificate, the Voter’s Registration Card (Form RV. 2) and National Registration Card must be produced to the Presiding Officer when application is made for a ballot paper.

3. On the issue of a ballot paper to the voter this certificate must be surrendered to the Presiding Officer who must attach it to his marked copy of the Register of Voters.

FORM REF. 4

REPUBLIC OF ZAMBIA

THE REFERENDUM REGULATIONS

[Regulation 23]

CERTIFICATE OF AUTHORITY TO VOTE AT A POLLING STATION

To: Presiding Officer, ……………………………………Polling Station,

............……………………………Constituency.

In accordance with regulation 23, authority is hereby given for the person specified below to cast his vote at the above polling station: ......................................................................

      (i)   Voter’s Registration Card Number ..................................................................

      (ii)   Name of polling district in which registered......................................................
..........................................................................................................................

      (iii)   Province in which registered.............................................................................

      (iv)   Full name of voter as shown on his Voter’s Registration Card........................
..........................................................................................................................

      (v)   National Registration Number of voter..............................................................

Dated ....................................., , 19 ................. ......................................................

for District Referendum Officer

INSTRUCTIONS

1.   This certificate may only be issued to a person who, by reason of his change of residence, wishes to vote at a polling station in a different District from that in which he was originally registered as a voter.

2.   This certificate may not be issued later than four days before the date appointed for the taking of the Poll in a referendum.

3.   This certificate may only be issued to the voter in person and upon production by the voter of his Voter’s Registration Card (Form RV. 2) and his National Registration Card.

4.   In addition to this certificate, the Voter’s Registration Card and National Registration Card must be produced to the Presiding Officer when application is made for a ballot paper.

5.   On the issue of a ballot paper to the voter this certificate must be surrendered to the Presiding Officer who must attach it to his marked copy of the Register of Voters.

FORM REF. 5

REPUBLIC OF ZAMBIA

THE REFERENDUM REGULATIONS

[Regulation 24]

CERTIFICATE OF REGISTRATION AS A VOTER

To: Presiding Officer, ................................................................................................ Polling Station,

.......…………………………………………….Constituency.

The person specified below has applied under regulation 24 for a certificate of registration as a voter and I am satisfied that such person is registered as a voter in accordance with the details shown.

VOTER’S ROLL No. POLLING DISTRICT

 

 

 

SURNAME

 

 

 

 

 

 

 

 

 

 

OTHER NAME(s) (First name in full - other names initials only)

 

 

 

 

 

 

 

 

 

 

RESIDENTIAL ADDRESS (Not P.O. Box No.)

 

 

 

 

 

 

 

 

 

 

NATIONAL REGISTRATION NUMBER

 

 

 

 

 

 

 

 

 

 

Dated ,………………………….. 19 ………………………………………

for District Referendum Officer

Instructions

1. This certificate may only be issued to a person whose name and National Registration Number as shown on his National Registration Card agree with the details shown in the register of voters for the polling district in which he claims he was registered.

2. This certificate may not be issued later than four days before the date appointed for the taking of the Poll in a referendum.

3. In addition to this certificate, the National Registration Card must be produced to the Presiding Officer when application is made for a ballot paper.

4. On the issue of a ballot paper to the voter this certificate must be surrendered to the presiding officer.

FORM REF. 6

REPUBLIC OF ZAMBIA

THE REFERENDUM REGULATIONS

[Regulations 2 AND 27]

BALLOT PAPER ACCOUNT

Polling Station ……………. Constituency ........................................................................

Date of Poll .................................................................................................... , 19..................

 

To be completed by Returning Officer on issue of ballot papers 

To be completed by Presiding Officer at close of the poll 

<TS:0.254861,NM,NO,2.04167,NM,NO>Ballot Papers Supplied 

Total Number Supplied 

Number used excluding spoilt ballot papers 

Number of spoilt ballot papers 

Number of unused ballot papers 

Total of Cols 2-4 (This must equal Col. 1 ) 

Ballot Papers numbered 

(1) 

(2) 

(3) 

(4) 

(5) 

(a) ….. to ….….inc… …........................... .......... 

 

 

 

 

 

(b) ….. to ….….inc… …........................... .......... 

 

 

 

 

 

(c) ….. to ….….inc… …........................... .......... 

 

 

 

 

 

(d) ….. to ….….inc… …........................... .......... 

 

 

 

 

 

(e) ….. to ….….inc… …........................... .......... 

 

 

 

 

 

(f) ….. to ….….inc… …........................... .......... 

 

 

 

 

 

(g) ….. to ….….inc… …........................... .......... 

 

 

 

 

 

(h) ….. to ….….inc… …........................... .......... 

 

 

 

 

 

(i) ….. to ….….inc… …........................... .......... 

 

 

 

 

 

(j) ….. to ….….inc… …........................... .......... 

 

 

 

 

 

(k) ….. to ….….inc… …........................... .......... 

 

 

 

 

 

(l) ….. to ….….inc… …........................... .......... 

 

 

 

 

 

(m) ….. to ….….inc… …........................... .......... 

 

 

 

 

 

(n) ….. to ….….inc… …........................... .......... 

 

 

 

 

 

(o) ….. to ….….inc… …........................... .......... 

 

 

 

 

 

(p) ….. to ….….inc… …........................... .......... 

 

 

 

 

 

(q) ….. to ….….inc… …........................... .......... 

 

 

 

 

 

(r) ….. to ….….inc… …........................... .......... 

 

 

 

 

 

(s) ….. to ….….inc… …........................... .......... 

 

 

 

 

 

(t) ….. to ….….inc… …........................... .......... 

 

 

 

 

 

Totals 

 

 

 

 

 

I hereby certify that this is a correct statement of all ballot papers supplied to me.

Date , …………………………………………, 19 …….   ………………………

.............................................
Presiding Officer

INSTRUCTIONS—

In every case the total in Column 5 must equal the total in Column 1. If these totals do not agree it is the responsibility of the Presiding Officer to trace and correct the error before signing this form.

FORM REF. 7

REPUBLIC OF ZAMBIA

THE REFERENDUM REGULATIONS

[Regulation 32]

STATEMENT OF REJECTED BALLOT PAPERS

Constituency ............................................................

Date of Poll ................................... , 20.........

Reason for rejection by Returning Officer 

Total 

1. Want of official mark 

 

2. Votes signifying more than one answer 

 

3. Voter identified by mark 

 

4. Marked or invalid for uncertainty 

 

Total number of rejected ballot papers 

 

I hereby certify that this is a correct statement of the ballot papers rejected as invalid by me.

Date , …………………………………………, 20….   ……………………………..

...............................
Returning Officer

INSTRUCTIONS

1. To be completed by the Returning Officer at the conclusion of the count and before announcing the result.

2. The rejected ballot papers must be placed together in a marked envelope which must be sealed by the Returning Officer.

Constituency No. .....................................................

FORM REF. 8

REPUBLIC OF ZAMBIA

THE REFERENDUM REGULATIONS

[Regulation 34]

DECLARATION OF THE RESULT OF THE POLL IN A CONSTITUENCY

I, (full names of Returning Officer)............................................................

being the Returning Officer for the............................................................

Constituency, do hereby declare that I have, in accordance with the law ascertained the result of the Poll in the said constituency and that I have found:

   (1)   the number of valid votes signifying the answer “YES” to be

   (2)   the number of valid votes signifying the answer “NO” to be

   (3)   the total number of valid votes received to be , and

   (4)   the number of rejected ballot papers to be

This declaration is made only in respect of the Poll taken in this constituency. The details I have announced will be transmitted forthwith to the Referendum Commission whose responsibility it is to determine and to declare their national result of the referendum.

Dated ..............................................., 20.....

Signed...............................................................

FULL NAME IN BLOCK CAPITALS .................................................................

INSTRUCTIONS

1. This form must be completed in duplicate by the Returning Officer and the original must be read aloud in public at the place where the counting of votes takes place.

2. The original of this form must be delivered personally to the Referendum Commission by the Returning Officer. The duplicate must be retained by the Returning Officer.

FORM REF. 9

REPUBLIC OF ZAMBIA

THE REFERENDUM ACT

[Section 11]

THE REFERENDUM REGULATIONS

[Regulation 35]

DECLARATION OF THE RESULT OF REFERENDUM

WHEREAS a Referendum has been held within the Republic on the

................................................... day of ................................................. , 20 ......................... pursuant to section 2 of the Referendum Act;

AND WHEREAS the Commission has received, pursuant to regulation 35 of the Referendum Regulations, the result of the said Referendum in respect of all constituencies;

AND WHEREAS the Commission has ascertained, pursuant to regulation 35 of the Referendum Regulations, the total number of votes cast in the said Referendum signifying the answer “YES” and the total number of votes cast in the said Referendum signifying the answer “NO”;

AND WHEREAS the total number of persons who were entitled to vote in the said Referendum is

NOW THEREFORE the Commission hereby declares as follows:

      (i)   the total number of votes cast in the said Referendum signifying the answer “YES” is…………………………………

      (ii)   the total number of votes cast in the said Referendum signifying the answer “NO” is………………………………….

      (iii)   the total number of votes cast in the said Referendum signifying the answer “YES” **represents/does not represent the votes of the majority of all persons entitled to vote in the said Referendum.

Dated this ........................................ day of ........................................................................., 20..........

……………………………………………

Chairman, Referendum Commission

LUSAKA

ZAMBIA

*Delete as necessary

FORM REF. 10

REPUBLIC OF ZAMBIA THE REFERENDUM ACT

[Section 23]

THE REFERENDUM REGULATIONS

[Regulation 36]

DECLARATION OF THE RESULT OF REFERENDUM

WHEREAS a Referendum has been held within the Republic on the day of ........................................................................................ , 20........ , pursuant to section 2 of the Referendum Act;

AND WHEREAS the High Court has made an order, pursuant to section 23 of the Referendum Act, relating to the result of the said Referendum:

NOW THEREFORE the Commission, in pursuance of the said section 23 and in conformity with the said order of the High Court, hereby declares as follows:

      (i)   the total number of votes cast in the said Referendum signifying the answer “YES” is ……………………………;

      (ii)   the total number of votes cast in the said Referendum signifying the answer “NO”is ……………………………;

      (iii)   the total number of votes cast in the said Referendum signifying the answer “YES” *represents/does not represent the votes of the majority of all the persons entitled to vote in the said Referendum.

Dated this .............................................. day

of ............................................................................ , 20.........

......................................................................

Chairman, Referendum Commission

LUSAKA

ZAMBIA

*Delete as necessary

FORM REF. 11

REPUBLIC OF ZAMBIA

THE REFERENDUM REGULATIONS

[Regulation 39]

REPORT ON VERIFICATION OF BALLOT PAPER ACCOUNTS

o: Director of Elections,

P.O. Box 50274,

Lusaka.

I, the undersigned, being the Returning Officer for the
Constituency hereby report that I have, in accordance with regulation 39 of the above Regulations, verified the ballot paper accounts received from the Presiding Officer of every Polling Station in the Constituency by comparing them with the total number of ballot papers contained in each ballot box and the total number of unused and spoilt ballot papers delivered to me by such Presiding Officers.

The result of such verification is as follows:

1. Total number of ballot papers issued by me to Presiding Officers

 

Details obtained from Ballot Paper Accounts 

Details obtained from physical check by Returning Officer 

2.   Number used excluding spoilt ballot papers 

 

5.   Total number of ballot papers contained in all boxes 

 

3.   Number of spoilt ballot papers 

 

6.   Total number of ballot papers on hand 

 

4.   Number of unused ballot papers 

 

7.   Total number of unused ballot papers returned by Presiding Officers 

 

Total 

 

Total 

 

INSTRUCTIONS

1.   The verification of the ballot paper accounts shall take place as soon as possible after the counting of votes in a constituency has been completed.

2.   The totals to be entered at 1, 2, 3 and 4 above are obtained by adding the totals of all Columns 1, 2, 3 and 4 respectively shown on the ballot paper accounts submitted by the Presiding Officers.

3.   The totals to be entered at 5, 6 and 7 above are those obtained by the Returning Officer at the counting of the votes.

4.   Explanation of any discrepancies must be made by the Returning Officer on the back of this form.

 
 

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