CHAPTER 31 - LAW ASSOCIATION OF ZAMBIA: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
[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
1. Short title
3. Electoral Committee
4. Returning Officer
5. Functions of Returning Officer
6. Election Officers
7. Election Agent
8. Nomination day
9. Identification of candidates
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
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
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
31. Election Petitions
32. Amendment of Rules
[Rules by Council]
SI 156 of 1996,
SI 6 of 2000.
These Rules may be cited as the Law Association of Zambia (Electoral) Rules.
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” <FT:Verdana,SN>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<FC:0,176,80>;
“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.]
(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.
(1) The Returning Officer shall be appointed by the Council from amongst the members of the Association for the purpose of electing—
(b) members of the Council, and
(c) members of the Legal Practitioners Committee.
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.
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.
(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.
(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.]
Any candidate standing for elections shall use the names appearing on the voters roll or members register, to identify himself.
PROCEDURE FOR NOMINATION
(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 <FT:Verdana,SN>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) <FT:Verdana,SN>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 <FT:Verdana,SN>his election agent, shall present himself to the Returning Officer.
[Rule 10(5) am by rule 5(c) of SI 6 of 2000.]
[Rule 10(6) rep by rule 5(d) of SI 6 of 2000.]
A nomination may be withdrawn by the candidate or <FT:Verdana,SN>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.]
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