ELECTORAL COMMISSION OF ZAMBIA ACT
Arrangement of Sections
Section
PART I
PRELIMINARY PROVISIONS
PART II
THE ELECTORAL COMMISSION OF ZAMBIA
9. Chief Electoral Officer and other staff
11. Prohibition of publication or disclosure of information to unauthorised persons
PART III
FINANCIAL PROVISIONS
PART IV
GENERAL PROVISIONS
23. Staff of Electoral Commission
AN ACT
to provide for the membership, functions, operations and financial management of the Electoral Commission of Zambia; repeal and replace the Electoral Commission Act, 1996; and provide for matters connected with, or incidental to, the foregoing.
[7th June, 2016]
Act 25 of 2016,
Act 5 of 2019.
PART I
PRELIMINARY PROVISIONS
This Act may be cited as the Electoral Commission of Zambia Act.
In this Act, unless the context otherwise requires—
“associate” has the meaning assigned to it in the Anti-Corruption Act, 2012;
“Chairperson” means the person appointed Chairperson of the Commission under section 5;
“Chief Electoral Officer” means the person appointed Chief Electoral Officer of the Commission under section 9;
“Commission” means the Electoral Commission of Zambia established under Article 229 of the Constitution;
“Electoral Commission” means the Electoral Commission provided for under the repealed Act;
“emoluments” has the meaning assigned to it in the Constitution;
“Emoluments Commission” means the Emoluments Commission established under Article 232 of the Constitution;
“Examination Council of Zambia” means the Examinations Council of Zambia established under the Examinations Council of Zambia Act;
[Ins by s 2 of Act 5 of 2019.]
“function” has the meaning assigned to it in the Constitution;
“member” means a person appointed as a member of the Commission under section 5;
“oath” has the meaning assigned to it in the Constitution;
“relative” means—
(a) a person’s son, daughter, brother, sister, nephew, niece, parent, uncle, aunt, grandparent or cousin; and
(b) a person’s spouse or the spouse of any of the persons mentioned in paragraph (a);
“repealed Act” means the Electoral Commission Act, 1996;
“School Certificate” means the certificate awarded by the Examinations Council of Zambia to a candidate who passes such subjects, in the grade twelve examinations conducted by the Examinations Council of Zambia, as the Examinations Council of Zambia requires for the award of the certificate;
[Ins by s 2 of Act 5 of 2019.]
“State organ” has the meaning assigned to it in the Constitution;
“superior court” has the meaning assigned to it in the Constitution;
“Vice-Chairperson” means the person appointed Vice-Chairperson of the Commission under section 5; and
“Zambia Qualifications Authority” means the Zambia Qualifications Authority established under the Zambia Qualifications Authority Act, 2011.
[Ins by s 2 of Act 5 of 2019.]
PART II
THE ELECTORAL COMMISSION OF ZAMBIA
(1) The seal of the Commission shall be such device as may be determined by the Commission and shall be kept by the Chief Electoral Officer.
(2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Chief Electoral Officer or any other person authorised in that behalf by a resolution of the Commission.
(3) A contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into or executed without seal on behalf of the Commission by the Chief Electoral Officer or any other person generally or specifically authorised by the Commission in that behalf.
(4) A document purporting to be under the seal of the Commission or issued on behalf of the Commission shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved.
(1) Subject to the Constitution, the Commission shall direct, supervise and control elections in a fair and impartial manner.
(2) Without prejudice to the generality of sub-section (1), the functions of the Commission are to—
(a) apply the principles in the electoral system and process under the Electoral Process Act, 2016;
(b) conduct the registration of voters for the purposes of an election;
(c) prepare, publicise and maintain a register of voters;
(d) determine the names and boundaries of constituencies and wards;
(e) resolve disputes that are of an administrative nature, which may arise from the organisation, administration or conduct of an election;
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