ELECTORAL PROCESS ACT: INDEX TO SUBSIDIARY LEGISLATION - II

Electoral Process (Local Government By-Elections) (Election Date and Time of Poll) (No. 2) Order, 2020

Electoral Process (Local Government By-Elections) (Election Date and Time of Poll) (No. 3) Order, 2020

Electoral Process (Local Government By-Elections) (Election Date and Time of Poll) (No. 4) Order, 2020

Electoral Process (Local Government By-Elections) (Election Date and Time of Poll) (No. 5) Order, 2020

Electoral Process (Local Government By-Elections) (Election Date and Time of Poll) (No. 6) Order, 2020

National Assembly By-Election (Mwansabombwe Constituency No. 65 and Lukashya Constituency No. 98) (Election Date and Time of Poll) Order

Electoral Process (Local Government By-Elections) (Election Date and Time of Poll) (No. 7) Order, 2020

Electoral Process (Local Government By-Elections) (Election Date and Time of Poll) (No. 8) Order

Electoral Process (Registration of Voters) Regulations

Electoral Process (Local Government By-Elections) (Election Date and Time of Poll) (No. 9) Order

Electoral Process (Voter Education) Regulations

Electoral Process (Local Government By-Elections) (Election Date and Time of Poll) Order, 2021

Electoral Process (General Election) (Election Date and Time of Poll) Order

Electoral Process (Revision of Wards) Order

National Assembly General Elections (Mandevu Constituency No. 80, Kasenengwa Constituency No. 41, Lusaka Central Constituency No. 79, Chawama Constituency No. 76, Mafinga Constituency No. 89 and Mpulungu Constituency No. 105) (Election Date and Time of Poll) Order

Electoral Process (Local Government Elections) (Election Date and Time of Poll) (No. 2) Order

National Assembly (Kaumbwe Constituency No. 50) (Election Date and Time of Poll) Order

Electoral Process (Local Government Elections) (Election Date and Time of Poll) Order

National Assembly By-Election (Kabwata Constituency No. 77) (Election Date and Time of Poll) (No. 3) Order

National Assembly By-Election (Kabwata Constituency No. 77) (Election Date and Time of Poll) Order

Electoral Process (Local Government By-Elections) (Election Date and Time of Poll) Order, 2022

Electoral Process (Local Government By-Elections) (Election Date and Time of Poll) (No. 3) Order, 2022

Electoral Process (Local Government By-Elections) (Election Date and Time of Poll) Order, 2022

Electoral Process (Local Government By-Elections) (Election Date and Time of Poll) (No. 2) Order, 2022

Electoral Process (Local Government By-Elections) (Election Date and Time of Poll) (No. 3) Order, 2022

National Assembly By-Elections (Kabushi Constituency No. 36 and Kwacha Constituency No. 22) (Election Date and Time of Poll) (No. 3) Order

Electoral Process (Local Government By-Elections) (Election Date and Time of Poll) Order, 2023

ELECTORAL PROCESS (LOCAL GOVERNMENT BY-ELECTIONS) (ELECTION DATE AND TIME OF POLL) (NO. 2) ORDER, 2020

[Section 125]

Arrangement of Paragraphs

    Paragraph

    1.    Title

    2.    Date and time of nomination for election

    3.    Campaign period

    4.    Election date and times of poll

        SCHEDULE

SI 4 of 2020.

1.    Title

This Order may be cited as the Electoral Process (Local Government By-Elections) (Election Date and Time of Poll) (No. 2) Order.

2.    Date and time of nomination for election

A candidate for election as a councillor in a district and ward set out in the Schedule shall lodge a nomination with the returning officer on Thursday, 16th January, 2020, between 0900 hours and 1500 hours.

3.    Campaign period

The campaign period shall commence on Thursday, 16th January, 2020, at 1500 hours and close at 1800 hours on Wednesday, 12th February, 2020.

4.    Election date and times of poll

    (1) The poll for the election of a councillor in a district and ward set out in the Schedule shall take place on Thursday, 13th February, 2020, between 0600 hours and 1800 hours.

    (2) A poll shall not be taken in a district or ward if only one candidate is validly nominated.

SCHEDULE

[Paragraphs 2 and 4]

ELECTIONS FOR COUNCILLOR

ELECTORAL PROCESS (LOCAL GOVERNMENT BY-ELECTIONS) (ELECTION DATE AND TIME OF POLL) (NO. 3) ORDER, 2020

[Section 125]

Arrangement of Paragraphs

    Paragraph

    1.    Title

    2.    Date and time of nomination for election

    3.    Campaign period

    4.    Election date and times of poll

        SCHEDULE

SI 23 of 2020.

1.    Title

This Order may be cited as the Electoral Process (Local Government By-Elections) (Election Date and Time of Poll) (No. 3) Order.

2.    Date and time of nomination for election

A candidate for election as a councillor in a district and ward set out in the Schedule shall lodge a nomination with the returning officer on Thursday, 19th March, 2020, between 0900 hours and 1500 hours.

3.    Campaign period

The campaign period shall commence on Thursday, 19th March, 2020, at 1500 hours and close at 1800 hours on Wednesday, 1st April, 2020.

4.    Election date and times of poll

    (1) The poll for the election of a councillor in a district and ward set out in the Schedule shall take place on Thursday, 2nd April, 2020, between 0600 hours and 1800 hours.

    (2) A poll shall not be taken in a district and ward if only one candidate is validly nominated.

SCHEDULE

[Paragraphs 2 and 4]

ELECTIONS FOR COUNCILLOR

ELECTORAL PROCESS (LOCAL GOVERNMENT BY-ELECTIONS) (ELECTION DATE AND TIME OF POLL) (NO. 4) ORDER, 2020

[Section 125]

Arrangement of Paragraphs

    Paragraph

    1.    Title

    2.    Dale and time of nominations for elections

    3.    Campaign period

    4.    Election date and time of poll

        SCHEDULE

SI 43 of 2020.

1.    Title

This Order may be cited as the Electoral Process (Local Government By-Elections) (Election Date and Time of Poll) (No. 4) Order.

2.    Dale and time of nominations for elections

A candidate for election as a councillor in a district and ward set out in the Schedule shall lodge a nomination with the returning officer on Tuesday, 19th May, 2020, between 09:00 hours and 15:00 hours.

3.    Campaign period

The campaign period shall commence on Tuesday, 19th May, 2020 at 15:00 hours and close at 18:00 hours on Monday, 8th June, 2020.

4.    Election date and time of poll

    (1) The poll for the election of a councillor in a district and ward set out in the Schedule shall take place on Tuesday, 9th June, 2020, between 06:00 hours and 18:00 hours.

    (2) A poll shall not be taken in a district and ward if only one candidate is validly nominated.

SCHEDULE

[Paragraphs 2 and 4]

ELECTION FOR COUNCILLORS

ELECTORAL PROCESS (LOCAL GOVERNMENT BY-ELECTIONS) (ELECTION DATE AND TIME OF POLL) (NO. 5) ORDER, 2020

[Section 125]

Arrangement of Paragraphs

    Paragraph

    1.    Title

    2.    Date and time of nominations for elections

    3.    Campaign period

    4.    Election date and time of poll

        SCHEDULE

SI 61 of 2020.

1.    Title

This Order may be cited as the Electoral Process (Local Government By-Elections) (Election Date and Time of Poll) (No. 5) Order.

2.    Date and time of nominations for elections

A candidate for election as a councillor in a district and ward set out in the Schedule shall lodge a nomination with the returning officer on Thursday, 9th July, 2020, between 09:00 hours and 15:00 hours.

3.    Campaign period

The campaign period shall commence on Thursday, 9th July, 2020 at 15:00 hours and close at 18:00 hours on Wednesday, 29th July, 2020.

4.    Election date and time of poll

    (1) The poll for the election of a councillor in a district and ward set out in the Schedule shall take place on Thursday, 30th July, 2020, between 06:00 hours and 18:00 hours.

    (2) A poll shall not be taken in a district and ward if only one candidate is validly nominated.

SCHEDULE

[Paragraphs 2 and 4]

ELECTION FOR COUNCILLORS

ELECTORAL PROCESS (LOCAL GOVERNMENT BY-ELECTIONS) (ELECTION DATE AND TIME OF POLL) (NO. 6) ORDER, 2020

[Section 125]

Arrangement of Paragraphs

    Paragraph

    1.    Title

    2.    Date and time of nomination for election

    3.    Campaign period

    4.    Election date and times of poll

        SCHEDULE

SI 63 of 2020.

1.    Title

This Order may be cited as the Electoral Process (Local Government By-Elections) (Election Date and Time of Poll) (No. 6) Order.

2.    Date and time of nomination for election

A candidate for election as a councillor in a district and ward set out in the Schedule shall lodge a nomination with the returning officer on Thursday, 9th July, 2020, between 0900 hours and 1500 hours.

3.    Campaign period

The campaign period shall commence on Thursday, 9th July, 2020, at 1500 hours and close at 1800 hours on Wednesday, 29th July, 2020.

4.    Election date and times of poll

    (1) The poll for the election of a councillor in a district and ward set out in the Schedule shall take place on Thursday, 30th July, 2020, between 0600 hours and 1800 hours.

    (2) A poll shall not be taken in a district and ward if only one candidate is validly nominated.

SCHEDULE

[Paragraphs 2 and 4]

ELECTIONS FOR COUNCILLORS

NATIONAL ASSEMBLY BY-ELECTIONS (MWANSABOMBWE CONSTITUENCY NO. 65 AND LUKASHYA CONSTITUENCY NO. 98) (ELECTION DATE AND TIME OF POLL) ORDER

Arrangement of Paragraphs

    Paragraph

    1.    Title

    2.    Nomination for election

    3.    Campaign period

    4.    Election date and time of poll

SI 71 of 2020.

[Made under regulation 15(1) of the Electoral Process (General) Regulations, 2016]

1.    Title

This Order may be cited as the National Assembly By-Election (Mwansabombwe Constituency No. 65 and Lukashya Constituency No. 98) (Election Date and Time of Poll) Order.

2.    Nomination for election

A candidate for election as a Member of Parliament for Mwansabombwe Constituency No. 65 and Lukashya Constituency No. 98 shall be lodged with the Returning Officer on Thursday, 27th August, 2020, between 0900 hours and 1500 hours.

3.    Campaign period

The campaign period shall commence on Thursday, 27th August, 2020 at 1500 hours and close at 1800 hours on Wednesday, 9th September, 2020.

4.    Election date and time of poll

    (1) The polls for the election of a Member of Parliament in the Constituencies referred to in paragraph 2 shall be taken on Thursday, 17th September, 2020 between 0600 hours and 1800 hours.

    (2) A poll shall not be taken in a Constituency if only one candidate is validly nominated.

ELECTORAL PROCESS (LOCAL GOVERNMENT BY-ELECTIONS) (ELECTION DATE AND TIME OF POLL) (NO. 7) ORDER, 2020

[Section 125]

Arrangement of Paragraphs

    Paragraph

    1.    Title

    2.    Date and time of nomination for election

    3.    Campaign period

    4.    Election date and time of poll

        SCHEDULE

SI 72 of 2020.

1.    Title

This Order may be cited as the Electoral Process (Local Government By-Elections) (Election Date and Time of Poll) (No. 7) Order.

2.    Date and time of nomination for election

A candidate for election as a councillor in a district and ward set out in the Schedule shall lodge a nomination with the returning officer on Thursday, 27th August, 2020, between 0900 hours and 1500 hours.

3.    Campaign period

The campaign period shall commence on Thursday, 27th August, 2020, at 1500 hours and close at 1800 hours on Wednesday, 16th September, 2020.

4.    Election date and time of poll

    (1) The poll for the election of a councillor in a district and ward set out in the Schedule shall take place on Thursday, 17th September, 2020, between 0600 hours and 1800 hours.

    (2) A poll shall not be taken in a district and ward if only one candidate is validly nominated.

SCHEDULE

[Paragraphs 2 and 4]

ELECTIONS FOR COUNCILLORS

ELECTORAL PROCESS (LOCAL GOVERNMENT BY-ELECTIONS) (ELECTION DATE AND TIME OF POLL) (NO. 8) ORDER

[Section 125]

Arrangement of Paragraphs

    Paragraph

    1.    Title

    2.    Date and time of nomination for election

    3.    Campaign period

    4.    Election date and time of poll

        SCHEDULE

SI 79 of 2020.

1.    Title

This Order may be cited as the Electoral Process (Local Government By-Elections) (Election Date and Time of Poll) (No. 8) Order.

2.    Date and time of nomination for election

A candidate for election as a councillor in a district and ward set out in the Schedule shall lodge a nomination with the returning officer on Thursday, 1st October, 2020, between 09:00 hours and 15:00 hours.

3.    Campaign period

The campaign period shall commence on Thursday, 1st October, 2020, at 15:00 hours and close at 18:00 hours on Wednesday, 21st October, 2020.

4.    Election date and time of poll

    (1) The poll for the election of a councillor in a district and ward set out in the Schedule shall take place on Thursday, 22nd October, 2020, between 06:00 hours and 18:00 hours.

    (2) A poll shall not be taken in a district and ward if only one candidate is validly nominated.

SCHEDULE

[Paragraphs 2 and 4]

ELECTORAL PROCESS (REGISTRATION OF VOTERS) REGULATIONS

[Section 125]

Arrangement of Regulations

    Regulation

PART I
PRELIMINARY

    1.    Title

    2.    Interpretation

    3.    Division and declaration of polling districts

    4.    Functions of Chief Electoral Officer

    5.    Officers for registration of voters

    6.    Form of oath or affirmation for registration officers

    7.    Revocation of appointments

PART II
REGISTRATION OF VOTERS

    8.    Continuous registration of voters

    9.    Conduct of registration of voters

    10.    Application for registration as voter

    11.    Procedure for registration

    12.    Application for replacement of voter's card

    13.    Application to transfer

    14.    Death of registered voter

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

    16.    Voters' registration records to be sent to Chief Electoral Officer

    17.    Register of voters

    18.    Inspection of register of voter

    19.    Appeals

    20.    Procedure for appeals

    21.    Claims

    22.    Objections

    23.    Powers of Commission on hearing of objections

    24.    Amendments resulting from an appeal

PART III
CERTIFICATION OF REGISTER OF VOTERS

    25.    Preparation of register of voters for certification

    26.    Certification of register of voters

    27.    Publication of register of voters

    28.    Replacement of previous register of voters

PART IV
GENERAL PROVISIONS

    29.    Formal correction of registers of voters

    30.    Chief Electoral Officer and registration officer may administer oath

    31.    Evidence

    32.    Publication of notices

    33.    Certificate of registration prima facie evidence of its content

    34.    Voter's card prima facie evidence of contents

    35.    Cancellation of voter’s card

    36.    Application for copy of register of voters

PART IV
OFFENCES

    37.    Offences in relation to registration

    38.    Offences relating to voter’s card

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

    40.    Offences by registration officers

    41.    False information

    42.    Forgery, falsification and fraudulent destruction

    43.    Possession of forged or false document

    44.    False entries

    45.    Refusal to leave premises when required

    46.    General penalty

    47.    Revocation of S.I. No. 38 of 2010

    48.    Savings and transitional provisions

        SCHEDULE

SI 80 of 2020.

PART I
PRELIMINARY

1.    Title

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

2.    Interpretation

In these Regulations, unless the context otherwise requires—

"assistant registration officer" means a person appointed as an assistant registration officer by the district registration officer under regulation 5;

"biometrics" means biological features or traits of an individual capable of being recorded for purposes of voter registration;

"citizen" has the meaning assigned to the word in the Constitution;

"Commission" means the Electoral Commission of Zambia established under the Constitution;

"district registration officer" means a person appointed as a district registration officer by the Commission under regulation 5;

"district" has the meaning assigned to the word in the Constitution;

"exclusion list" means the appendix in the register of voters which indicates names of persons ineligible to vote at a particular polling station;

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

"national registration number" means the serial number inserted on a national registration card issued under the National Registration Act;

"polling district" has the meaning assigned to the words in the Act;

"pre voter registration application" means the electronic submission of an applicant’s details prior to voter registration;

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

"registration officer" means a person appointed as a district registration officer or assistant registration officer under regulation 5;

"true copy", in relation to a register of voters, means a copy of that register of voters, which is certified as a true copy thereof under the hand of the Chief Electoral Officer; and

"voter’s card" means a card set out in Form IV in the Schedule.

    (2) A person whose name appears in a register of voters shall, until that register of voters is replaced under regulation 28, be considered to be registered as a voter, except a person whose name appears on the exclusion list of the register of voters.

    (3) A person whose name does not appear in a register of voters is not a registered voter.

    (4) Where a registration officer under regulation 12 or 13 has reasonable grounds to believe, that a voter’s card is lost, incorrect or destroyed, that voter’s card is considered to have been cancelled.

    (5) A person in possession of a voter’s card cancelled under sub-regulation (4) commits an offence.

3.    Division and declaration of polling districts

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

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

4.    Functions of Chief Electoral Officer

The Chief Electoral Officer shall—

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

    (b)    issue to any registration officer instructions that are necessary to ensure compliance with these Regulations; and

    (c)    perform all functions that are conferred or imposed on the Chief Electoral Officer by these Regulations.

5.    Officers for registration of voters

    (1) There shall be in respect of each district—

    (a)    a district registration officer, that the Commission may appoint, by notice in the Gazette for the purpose of conducting voter registration in that district; and

    (b)    an approved number of assistant registration officers that the district registration officer for that district may, by notice in writing, appoint for the purposes of assisting voter registration in respect of that district.

    (2) A district registration officer shall, where the district registration officer appoints a person to be an assistant registration officer under sub-regulation (1)(b), deliver a copy of the notice to the Chief Electoral Officer.

6.    Form of oath or affirmation for registration officers

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

7.    Revocation of appointment

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

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

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

PART II
REGISTRATION OF VOTERS

8.    Continuous registration of voters

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

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

9.    Conduct of registration of voters

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

10.    Application for registration as voter

    (1) A citizen who has attained the age of 18 years may apply to be registered as a voter to the registration officer for the polling district in which that citizen ordinarily resides in Form II set out in the Schedule or using an electronic media that the Commission may determine.

    (2) An applicant for registration shall, at the time of making the application, produce to a registration officer that applicant’s national registration card.

    (3) An applicant may make a pre voter registration application using an electronic medium in Form III set out in the Schedule to the Commission containing details that the Commission may determine prior to the applicant’s physical application before a registration officer.

    (4) The Commission may accept a pre voter registration application under sub-regulation (3) and process the application accordingly.

11.    Procedure for registration

    (1) A registration officer to whom an application is made under regulation 10 shall register an applicant as a voter if that applicant—

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

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

    (c)    is qualified for registration as a voter.

    (2) A registration officer shall register the applicant under sub-regulation (1) by—

    (a)    completing the relevant part in Form II set out in the Schedule;

    (b)    capturing the applicant’s biometrics, portrait and any other relevant information that the Commission may determine; and

    (c)    completing a voter’s card in Form IV set out in the Schedule.

    (3) For the purposes of sub-regulation (2), the—

    (a)    details of the names of an applicant to be entered on an application to register as a voter and a voter’s card shall be identical to the details recorded on the national registration card produced by the applicant under regulation 10; and

    (b)    surname and one forename only of the applicant shall be recorded in full, together with not more than two initials in respect of other forenames, if any, of the applicant.

    (4) A registration officer shall reject an application for registration as a voter where the applicant—

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

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

    (c)    is not qualified for registration as a voter.

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

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

12.    Application for replacement of voter’s card

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

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

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

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

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

    (a)    in the case of an application made under sub-regulation (1)(a)—

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

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

        (iii)    the applicant has properly identified oneself under sub-regulation (2); and

        (iv)    the applicant is a registered voter; or

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

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

        (ii)    particulars recorded on the applicant’s voters card do not correspond to the particulars recorded on that applicant’s national registration card.

13.    Application to transfer

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

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

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

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

14.    Death of registered voter

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

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

    (3) Where a registration officer determines under sub-regulation (2) that the person whose name appears on the voters’ card is dead, the registration officer shall inform the Chief Electoral Officer and shall forward that voter’s card to the Chief Electoral Officer.

    (4) Despite regulation 22, the Commission may consider advice from any person, indicating that a registered voter is deceased.

    (5) The Commission may obtain and rely on records of deaths from the Department of National Registration Passports and Citizenship, village registers, and other official records to remove the deceased registration as a voter, from the register of voters.

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

    (1) A registration officer shall maintain order in the premises used for the purpose of registering persons as voters and shall regulate the number of persons to be admitted at a time to such premises.

    (2) A registration officer may require any person, other than a member of the Commission, the Chief Electoral Officer, or any other person authorised in writing by the Chief Electoral Officer to enter and remain thereon, or to leave premises used for the purpose of registering voters.

    (3) The powers conferred by this regulation shall not be exercised so as to prevent any person from applying to be registered as a voter.

16.    Voters' registration records to be sent to Chief Electoral Officer

A district registration officer shall forward to the Chief Electoral Officer, in accordance with directions that the Chief Electoral Officer may give to the registration officer, all records completed by the registration officer under regulations 11, 12, 13 and 14 in respect of those polling districts.

17.    Register of voters

    (1) The Chief Electoral Officer shall, on receipt of the voter’s registration records completed and entered under regulations 11, 12, 13 and 14, compile the register of voters in respect of a polling district showing—

    (a)    the voter’s card number of each card completed in that polling district;

    (b)    the surname of the person to whom the voter’s card relates;

    (c)    one forename and the initials, if any, of the person as recorded;

    (d)    the disability of the person, if any;

    (e)    gender;

    (f)    the number of the national registration card as recorded in respect of the person; and

    (g)    the portrait in respect of the person.

    (2) The Chief Electoral Officer may, where the Chief Electoral Officer has reasonable grounds to believe that any person has committed an offence under the Act or these Regulations, refuse to make an entry in the register of voters in respect of that person.

    (3) Where the Chief Electoral Officer refuses to make an entry in the register of voters in respect of any person under this regulation, the registration of that person under regulation 11 shall be considered to be cancelled and that person shall surrender that person’s voter’s card given to the person in respect of the registration to the registration officer for the polling district to which the voter’s card relates.

18.    Inspection of register of voter

    (1) The Commission may determine the period within which the register of voters may be inspected.

    (2) A registered voter may inspect that registered voter’s details on the register of voters electronically during the period for inspecting the provisional register of voters.

19.    Appeals

    (1) A person may appeal to the Commission if that—

    (a)    person’s application is rejected under regulations 11, 12, 13 or 17; or

    (b)    person is notified under regulation 17 that the Chief Electoral Officer has refused the entry in the register of voters in respect of that person.

    (2) An appeal under this regulation shall be in Form IX set out in the Schedule and shall be delivered to the Commission by the registration officer for the district in which the appellant made application for registration as a voter.

    (3) An appeal under this regulation shall be determined by the Commission.

20.    Procedure for appeals

    (1) The Commission shall, on receipt of an appeal under regulation 19, appoint a day and a place for hearing the appeal and shall cause the appellant, the Chief Electoral Officer, and the registration officer for the polling district in which the appellant made an application for registration as a voter, to be notified.

    (2) For the purpose of determining an appeal under regulation 19, the Commission may—

    (a)    summon any person to appear before it to give evidence on oath or affirmation, and may order the production of any document relating to the appeal at the hearing; or

    (b)    adjourn the hearing of the appeal to any convenient time or place as it may consider appropriate.

    (3) Where an appellant fails to appear at the hearing of an appeal on the day and at the place appointed by the Commission for the hearing of the appeal, the Commission shall dismiss the appeal.

    (4) The Commission shall, on determination of an appeal, notify the registration officer, the appellant and the Chief Electoral Officer, of the result of the appeal in Form X set out in the Schedule.

    (5) A registration officer shall, where the Commission allows an appeal under regulations 11, 12, 13 or 17, on being notified under sub-regulation (4), register the appellant.

    (6) The Chief Electoral Officer shall, where the Commission allows an appeal under regulation 17, on being notified under sub-regulation (4), include the appellant in the register of voters.

    (7) The Chief Electoral Officer shall, where the Commission dismisses an appeal and is of the opinion that the appeal was made without reasonable cause, notify the appellant of its decision, stating the reasons thereof.

    (8) A person who is aggrieved by the decision of the Commission may appeal to a subordinate court.

21.    Claims

    (1) A person registered in a polling district under regulation 11 may, if that person’s name is omitted from the register of voters in respect of that polling district, otherwise than in accordance with the provisions of regulation 17, submit a claim under this regulation to be included in that register.

    (2) A claim under this regulation shall be in Form XI set out in the Schedule and shall be delivered to the registration officer for the polling district.

    (3) A claim delivered to a registration officer under this regulation shall be determined by that registration officer for that polling district.

    (4) If a registration officer determines under this regulation that the claimant was registered in a polling district under regulation 11 and that the claimant’s name is omitted from the register of voters for that polling district, the registration officer shall uphold that claim, and notify the Chief Electoral Officer accordingly.

22.    Objections

    (1) A person may object to the inclusion of the name of a person in the register of voters in Form XII set out in the Schedule, on the grounds that the person is not qualified for registration as a voter or is dead.

    (2) A registration officer for any polling district may object under this regulation to the inclusion of the name of any person appearing in the register of voters for that polling district in Form XIII set out in the Schedule, on the grounds that such person is not qualified for registration as a voter or is dead.

    (3) A person who objects under sub-regulation (1) shall serve a copy of the objection on the person whose name is the subject of the objection.

    (4) The Commission shall determine an objection under this regulation prior to the certification of the register of voters for an election.

    (5) The Commission shall not entertain an objection under sub-regulation (1) after certification of a register of voters for an election.

    (6) The Commission shall appoint a day and a place for the hearing of an objection delivered to it under this regulation and shall cause—

    (a)    a copy of the objection to be served on the person whose name is the subject of the objection; and

    (b)    that person and the person by whom an objection is made to be notified, in a manner that the Commission may determine, of the day and place for the hearing.

    (7) A person making an objection may appear in person, or may be represented by a person appointed in writing for the purpose of a hearing, at the hearing of the objection.

    (8) A person whose name is the subject of an objection under this regulation may appear in person, or may be represented by any person appointed in writing for the purpose of a hearing, at the hearing of the objection, or may deliver a signed statement to the Commission setting forth the answer to the objection.

    (9) Where a person making an objection or the person whose name is the subject of the objection is represented at the hearing of the objection under this regulation, the Commission may, if it considers it necessary, but subject to the provisions of sub-regulation (5), adjourn the hearing to enable the person making the objection or a person whose name is the subject of the objection to appear in person and may make an order accordingly.

23.    Powers of Commission on hearing of objections

    (1) The Commission shall determine the procedure for the hearing of an objection under regulation 22.

    (2) The Commission shall determine an objection with the necessary modifications in accordance with the provisions that apply in relation to an appeal under regulation 19, except that in relation to an appeal, claim and objection, the Commission may permit a voter to register in terms of regulation 11 as if the voter had registered before the close of the registration period.

24.    Amendments resulting from an appeal

The Chief Electoral Officer shall effect a necessary amendment occasioned by an appeal, claim or objection prior to the certification of the register of voters for an election.

PART III
CERTIFICATION OF REGISTER OF VOTERS

25.    Preparation of register of voters for certification

    (1) The Chief Electoral Officer shall cause a register of voters for each polling district to be prepared for certification.

    (2) A register of voters prepared under this regulation shall be in a form that the Chief Electoral officer may determine.

    (3) Subject to the provisions of this regulation, the particulars entered under regulation 17 in the register of voters for any polling district, including any amendments shall be entered in a register of voters prepared for that polling district under this regulation.

    (4) The Chief Electoral Officers shall make an entry in a register of voters prepared under this regulation in respect of a person who is required to surrender a voter’s card in consequence of an objection.

    (5) The particulars prescribed in regulation 17 shall be entered in a register of voters prepared for any polling district under this regulation in respect of a person—

    (a)    registered in that polling district under regulation 11—

        (i)    whose name is, in the opinion of the Chief Electoral Officer, inadvertently omitted from the register of voters for a polling district;

        (ii)    who has not been notified of a refusal in respect of a register of voters under regulation 17; and

        (iii)    who has not made a claim in respect of a register of voters under regulation 21;

    (b)    who the registration officer for that polling district is required to register under regulation 20(5) in consequence of an appeal; and

    (c)    whose claim to be included in the register of voters for that polling district is upheld under regulation 21.

26.    Certification of register of voters

    (1) The Chief Electoral Officer shall, where the preparation of any register of voters for any polling district is completed under regulation 17, certify the register of voters as the register of voters for that polling district in Form XIV set out in the Schedule.

    (2) The Chief Electoral Officer shall, where the certification of the register of voters for any polling district is completed under these Regulations, publish a notice in the Gazette stating—

    (a)    that the certification of the register of voters for that polling district has been so completed; and

    (b)    that the certified register of voters replaces all registers of voters previously prepared in respect of that polling district.

27.    Publication of register of voters

    (1) The Chief Electoral Officer shall, as soon as practicable after the certification of a register of voters under regulation 26, deliver a number of true copies thereof that the Chief Electoral Officer may consider necessary to the district registration officer for the polling districts to which the register of voters relates.

    (2) A district registration officer shall, on receipt of a true copy of a register of voters delivered under sub-regulation (1), publish at the office of the district registration officer within whose district the polling district to which a register of voters relates is situated, and at other places that may be determined, a notice that such register of voters has been duly certified and that a true copy thereof is open for inspection at a place and time, that may be specified in the notice.

28.    Replacement of previous register of voters

    (1) A register of voters prepared for any polling district under this Part shall, on certification thereof under this Part, replace any register of voters previously prepared and certified for the same polling district.

    (2) A true copy of a register of voters prepared and certified under this Part and delivered to a district registration officer under regulation 27 for publication, shall during the period of that publication be kept under the control and custody of that district registration officer and shall not, except in accordance with the directions of the Commission, be removed from that custody.

PART IV
GENERAL PROVISIONS

29.    Formal correction of registers of voters

    (1) The Chief Electoral Officer may, at any time after the certification of a register of voters under these Regulations, make an insertion, alteration and amendment therein that may be reasonably required—

    (a)    to correct any clerical error;

    (b)    to correct any misnomer or incorrect description;

    (c)    to ensure that the name of any person does not appear in more than one register of voters or in the same register of voters more than once.

    (2) The Chief Electoral Officer shall, where the Chief Electoral Officer makes an insertion, alteration or amendment in a register of voters under this regulation, cause that insertion, alteration or amendment to be made in every certified register of voters.

30.    Chief Electoral Officer and registration officer may administer oath

    (1) A registration officer or the Chief Electoral Officer may summon any person to appear before the registration officer or the Chief Electoral Officer to give evidence on oath or affirmation for the purpose of—

    (a)    considering or determining any matter which is required to be considered or determined under these Regulations; or

    (b)    being satisfied to the necessity of making an insertion, alteration or amendment in a register of voters.

    (2) A registration officer or the Chief Electoral Officer may administer oaths or affirmation for the purpose of sub-regulation (1), and may order the production of any document bearing on any issue relevant thereto.

31.    Evidence

In any proceedings before a competent court, a true copy of the register of voters prepared under these Regulations shall, for the purpose of those proceedings, be admissible in evidence as proof of the contents of that register of voters.

32.    Publication of notices

Where any notice is required by these Regulations to be published and, in the opinion of the authority which is required to publish the notice, the prescribed mode of publication does not give sufficient publicity to the notice, the authority may, in addition to publishing the notice as required by these Regulations, exhibit copies of the notice in prominent places within the polling district to which the notice relates, or take other steps that the authority may consider necessary for having sufficient publicity thereto.

33.    Certificate of registration prima facie evidence of its content

    (1) A certificate under the hand of the district registration officer for any polling district certifying the manner and date of publication under regulation 27 of a true copy of the register of voters prepared for the polling district under regulation 25, shall be admissible as prima facie evidence of the matters therein certified in all legal proceedings.

    (2) A certificate under sub-regulation (1) purporting to be signed by a district registration officer shall be presumed, until the contrary is proved, to have been signed by the district registration officer.

34.    Voter’s card prima facie evidence of contents

A voter’s card completed under these Regulations shall be admissible as prima facie evidence of the matters contained therein in any proceedings under these Regulations.

35.    Cancellation of voter’s card

A voter’s card is deemed to be cancelled if it is—

    (a)    required to be surrendered under regulations 12 and 13; or

    (b)    is lost or destroyed.

36.    Application for copy of register of voters

    (1) An interested person may apply to the Chief Electoral Officer for a copy of a register of voters and the Chief Electoral Officer may, if that copy is available and on payment of a prescribed fee, supply a copy to that person.

    (2) A registered voter may check electronically for that registered voter’s details on the register of voters.

PART V
OFFENCES

37.    Offences in relation to registration

A person commits an offence if that person—

    (a)    not being qualified for registration as a voter, without lawful excuse applies to be registered under regulation 11; or

    (b)    having been registered under regulation 11 applies for the second or subsequent times to be registered as a voter.

38.    Offences relating to voter’s card

A person commits an offence if that person—

    (a)    being required to surrender a voter’s card under these Regulations, wilfully fails to do so;

    (b)    without lawful authority, the onus of proving which shall lie on the person, is in possession of a voter’s card which was not given to the person in pursuance of these Regulations; or

    (c)    without lawful authority, the onus of proving which shall lie on the person, asks or requires another person to give to the person the voter’s card given to that other person in pursuance of these Regulations.

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

    (1) A person shall not in any public place, or in or at any dwelling house require or ask for the production, or use any words, whether written or spoken, or signs which may reasonably be understood to indicate that the person is requiring or asking for the production by any person of that person’s voter’s card.

    (2) In this regulation, "dwelling house" and "public place" have the meaning assigned to the words in section 4 of the Penal Code Act.

    (3) A person who contravenes sub-regulation (1) commits an offence.

40.    Offences by registration officers

A registration officer or assistant registration officer commits an offence if that registration officer or assistant registration officer—

    (a)    wilfully fails to perform the functions of the officer under these Regulations;

    (b)    fraudulently completes, alters or destroys a voter’s registration record or a voter’s card; or

    (c)    gives to a person a voter’s card otherwise than in pursuance of these Regulations.

41.    False information

A person who knowingly gives false information to a registration officer or to an assistant registration officer commits an offence.

42.    Forgery, falsification and fraudulent destruction

A person commits an offence if that person forges, or falsifies any material particular, or fraudulently destroys—

    (a)    a voter’s registration record;

    (b)    a voter’s card;

    (c)    a register of voters; or

    (d)    a true copy of a register of voters.

43.    Possession of forged or false document

A person who, without lawful excuse, is found in possession of a voter’s registration record or any voter’s card which is forged or false in any material particular commits an offence.

44.    False entries

An appellant, claimant or objector who knowingly makes a false entry on the form completed in pursuance of these Regulations for the purposes of an appeal, claim or objection, commits an offence.

45.    Refusal to leave premises when required

A person who fails to leave any premises being used by a registration officer or an assistant registration officer for the purpose of registering persons as voters under these Regulations, on being lawfully required to leave that premises by the registration officer or assistant registration officer, commits an offence.

46.    General penalty

A person who commits an offence under these Regulations for which a specific penalty is not provided is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or a term of imprisonment for a period not exceeding two years, or to both.

47.    Revocation of S.I. No. 38 of 2010

The Electoral (Registration of Voters) Regulations, 2010, are hereby revoked.

48.    Savings and transitional provisions

Despite the revocation of the Electoral (Registration of Voters) Regulations, 2010, the polling districts declared, the district registration officer and assistant district registration officers appointed, and the voter’s cards issued under the revoked Regulations shall continue to be the polling districts, the district registration officers, the assistant registration officers and the voters’ cards for purposes of these Regulations, as if they were declared, appointed, or issued, under these Regulations.

SCHEDULE

[Regulations 6, 10, 11, 12, 13, 14, 19, 20, 21, 22 and 26]

Form I

[Regulation 6]

Form II

[Regulations 10(1) and 11(2)]

Form III

[Regulation 10(3)]

Form IV

[Regulation 11(2)]

Form V

[Regulation 11(5)]

Form VI

[Regulation 12(1)]

Form VII

[Regulation 13(1)]

Form VIII

[Regulation 14(1)]

Form IX

[Regulation 19(2)]

Form X

[Regulation 20(4)]

Form XI

[Regulation 21(2)]

Form XII

[Regulation 22(1)]

Form XIII

[Regulation 22(2)]

Form XIV

[Regulations 26(1)]

ELECTORAL PROCESS (LOCAL GOVERNMENT BY-ELECTIONS) (ELECTION DATE AND TIME OF POLL) (NO. 9) ORDER

[Section 125]

Arrangement of Paragraphs

    Paragraph

    1.    Title

    2.    Date and time of nomination for election

    3.    Campaign period

    4.    Election date and time of poll

        SCHEDULE

SI 101 of 2020.

1.    Title

This Order may be cited as the Electoral Process (Local Government By-Elections) (Election Date and Time of Poll) (No. 9) Order.

2.    Date and time of nomination for election

A candidate for election as a councillor in a district and ward set out in the Schedule shall lodge a nomination with the returning officer on Wednesday, 23rd December, 2020, between 0900 hours and 1500 hours.

3.    Campaign period

The campaign period shall commence on Wednesday, 23rd December, 2020, at 1500 hours and close at 1800 hours on Sunday, 3rd January, 2021.

4.    Election date and time of poll

    (1) The poll for the election of a councillor in a district and ward set out in the Schedule shall take place on Monday, 4th January, 2021, between 0600 hours and 1800 hours.

    (2) A poll shall not be taken in a district and ward if only one candidate is validly nominated.

SCHEDULE

[Paragraphs 2 and 4]

ELECTIONS FOR COUNCILLOR

ELECTORAL PROCESS (VOTER EDUCATION) REGULATIONS

[Section 125]

Arrangement of Regulations

    Regulation

PART I
PRELIMINARY PROVISIONS

    1.    Title

    2.    Interpretation

    3.    Role of Commission in voter education

    4.    Methods of providing voter education

PART II
NATIONAL VOTER EDUCATION COMMITTEE AND DISTRICT VOTER EDUCATION COMMITTEES

    5.    Establishment of National Voter Education Committee

    6.    Functions of Committee

    7.    Establishment of district voter education committees

    8.    Functions of district committee

    9.    Tenure of office and vacancy of Committee and district committee

    10.    Proceedings of Committee and district committee

    11.    Sub-committees

    12.    Allowances

    13.    Disclosure of interest

    14.    Prohibition of publication or disclosure of information to unauthorised person

    15.    Immunity

PART III
VOTER EDUCATORS

    16.    Appointment of voter educator

    17.    Revocation of appointment of voter educator

PART IV
GENERAL PROVISIONS

    18.    Partnerships with institutions, etc.

    19.    Revocation of S.I. No. 37 of 2010

    20.    Savings and transitional provisions

        SCHEDULE

SI 4 of 2021.

PART I
PRELIMINARY PROVISIONS

1.    Title

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

2.    Interpretation

In these Regulations, unless the context otherwise requires—

"associate" has the meaning assigned to the word in the Anti-Corruption Act, 2012;

"Chairperson" means the person appointed as Chairperson of the Committee under regulation 5;

"citizen" has the meaning assigned to the word in the Constitution;

"Chief Electoral Officer" has the meaning assigned to the word in the Act;

"Code" has the meaning assigned to the word in the Act;

"Commission" means the Electoral Commission of Zambia established under the Constitution;

"Committee" means the National Voter Education Committee established under regulation 5;

"council" has the meaning assigned to the word in the Constitution;

"district" has the meaning assigned to the word in the Constitution;

"district chairperson" means the person appointed as chairperson of the district committee under regulation 7;

"district committee" means a voter education committee established under regulation 7;

"district electoral officer" means a person appointed by the Commission as an election officer under the Act;

"district vice-chairperson" means the person elected as vice-chairperson of the district committee under regulation 7;

"electoral process" includes the set of rules that determine how the electoral and referendum processes are conducted and how the results for the electoral and referendum processes are determined;

"legally disqualified" means the absence of legal capacity as provided under section 4 of the Mental Health Act, 2019;

"member" means the person appointed as a member of the Committee or a district committee;

"relative" has the meaning assigned to the word in the Anti-Corruption Act, 2012;

"revoked Regulations" means the Electoral (Voter Education) Regulations, 2010;

"Secretariat" means a member of staff of the Commission or a council;

"Vice-Chairperson" means the person elected as Vice-Chairperson of the Committee under regulation 5; and

"voter educator" means a person appointed as a voter educator under regulation 16.

3.    Role of Commission in voter education

    (1) The Commission shall oversee and co-ordinate voter education for the purpose of harmonising the provision of voter education in the Republic.

    (2) Despite the generality of sub-regulation (1), the Commission shall—

    (a)    promote the participation of a citizen in the provision of voter education;

    (b)    ensure voter education is conducted in an impartial and independent manner;

    (c)    formulate policies and strategies for voter education and dissemination of information on voter education;

    (d)    develop voter education curriculum and materials;

    (e)    monitor and evaluate voter education programmes;

    (f)    develop voter education strategies targeting persons with disabilities, youth and women; and

    (g)    collaborate with Government, institutions and other persons on voter education.

4.    Methods of providing voter education

The Commission may provide voter education through—

    (a)    community outreach;

    (b)    awareness and sensitisation programs and activities;

    (c)    electronic dissemination of information; or

    (d)    any other means that the Commission may determine.

PART II
NATIONAL VOTER EDUCATION COMMITTEE AND DISTRICT VOTER EDUCATION COMMITTEES

5.    Establishment of National Voter Education Committee

    (1) There is established the National Voter Education Committee which consists of the following part-time members appointed by the Commission—

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

    (b)    five representatives of Government ministries and institutions; and

    (c)    the Secretariat, as ex officio members.

    (2) The Commission shall appoint the Chairperson from among the members of the Committee.

    (3) The Committee shall elect the Vice-Chairperson from among the Committee members.

    (4) A member of the Committee shall, on being appointed, sign a declaration form set out in the Schedule.

6.    Functions of Committee

The Committee shall advise the Commission on the design and dissemination of information and voter education relevant to the participation of a citizen in the electoral process.

7.    Establishment of district voter education committees

    (1) The Commission shall establish voter education committees at district level.

    (2) The Commission may assign a member of staff of the Commission or a council to a district committee as an ex officio member.

    (3) A district committee consists of the following part-time members nominated by a district electoral officer, on behalf and approved by the Commission—

    (a)    not more than five persons from the most representative civil society organisations determined by the Commission; and

    (b)    four representatives of Government ministries and institutions in the district.

    (4) The relevant district electoral officer shall, subject to the approval of the Commission, appoint a district committee chairperson from among the members of the district committee.

    (5) The members of a district committee shall elect the district committee vice-chairperson from among themselves.

    (6) A member of a district committee shall, on appointment, sign a declaration form set out in the Schedule.

8.    Functions of district committee

A district committee shall be responsible for the implementation of the decisions of the Committee and voter education programmes in the district.

9.    Tenure of office and vacancy of Committee and district committee

    (1) A member of the Committee or a district committee shall hold office for a term of five years from the date of appointment and may be re-appointed for a further and final term of five years.

    (2) On the expiration of the term for which a member is appointed, the member shall continue to hold office until another member is appointed, but in no case shall an extension of the period exceed three months.

    (3) The office of a member becomes vacant if that member—

    (a)    dies;

    (b)    is adjudged bankrupt;

    (c)    is absent, without reasonable cause, from three consecutive meetings of the Committee or a district committee of which the member has had notice, without the prior approval of the Committee or a district committee;

    (d)    resigns on the expiry of one month's notice of the member's intention to resign, given by the member in writing, to the Commission;

    (e)    is legally disqualified from performing the functions of a member; or

    (f)    is convicted of an offence under the Act or any other written law and sentenced to imprisonment for a term exceeding six months without the option of a fine.

    (4) The Commission may, where the office of a member becomes vacant before the expiry of the term of office, appoint another member in the place of that member who vacates office, but that member shall hold office for the unexpired part of the term.

10.    Proceedings of Committee and district committee

    (1) Subject to other provisions of these Regulations, the Committee or a district committee may regulate its own procedure.

    (2) The Committee or a district committee shall meet as often as is necessary to perform its functions and at a place and time that the Chairperson or a district chairperson may determine.

    (3) The Chairperson or a district chairperson may, on giving notice of not less than 14 days, call a meeting of the Committee or a district committee and a meeting shall be called if not less than one third of the members so request in writing except that if the urgency of a particular matter does not permit the giving of a notice, a special meeting may be called on giving a shorter notice.

    (4) Half of the members present at a meeting of the Committee or district committee shall form a quorum.

    (5) There shall preside at a meeting of the Committee—

    (a)    the Chairperson;

    (b)    in the absence of the Chairperson, the Vice-Chairperson; or

    (c)    in the absence of the Chairperson and the Vice-Chairperson, another member that the members present may elect for the purpose of that meeting.

    (6) There shall preside at a meeting of a district committee—

    (a)    the district chairperson;

    (b)    in the absence of the district chairperson, the district vice-chairperson; or

    (c)    in the absence of the district chairperson and the district vice-chairperson, another member that the members present may elect for the purpose of that meeting.

    (7) A decision of the Committee or a district committee on any question shall be by a majority of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding at the meeting shall have, in addition to a deliberative vote, a casting vote.

    (8) The Committee or a district committee may invite a person, whose presence is, in its opinion, desirable to attend and participate in the deliberations of a meeting of the Committee or a district committee, but that person shall have no vote.

    (9) The validity of any proceedings, act or decision of the Committee or a district committee shall not be affected by any vacancy in the membership of the Committee or a district committee, or any defect in the appointment of a member or by reason that a person not entitled to do so, took part in the proceedings.

    (10) The Committee or a district committee shall cause to be kept minutes of the proceedings of a meeting of the Committee or a district committee, and of any sub-committee established by the Committee or a district committee.

11.    Sub-committees

    (1) The Committee or a district committee may, for the purpose of performing its functions under these Regulations, constitute a sub-committee and delegate to the sub-committee functions of the Committee or district committee that the Committee or district committee considers necessary.

    (2) The Committee or a district committee may appoint as members of a sub-committee constituted under sub-regulation (1), persons who are, or are not, members of the Committee or a district committee, except that at least one member of the Committee or a district committee shall be a member of a sub-committee.

    (3) A member of a sub-committee shall hold office for a period that the Committee or a district committee may determine.

    (4) Subject to any specific or general direction of the Committee or a district committee, a sub-committee constituted under this regulation may regulate its own procedure.

12.    Allowances

A member of the Committee, a district committee or a sub-committee shall be paid allowances that the Commission may determine.

13.    Disclosure of interest

    (1) A member who is present at a meeting of the Committee, district committee or sub-committee at which a matter is the subject of consideration, and in which matter that person or that person’s relative or associate is directly or indirectly interested in a private capacity shall, as soon as is practicable after the commencement of the meeting, disclose the interest and shall not, unless the Committee, district committee or sub-committee otherwise directs, take part in any consideration or discussion of, or vote on, any question relating to that matter.

    (2) A disclosure of interest made under this regulation shall be recorded in the minutes of the meeting at which the disclosure is made.

14.    Prohibition of publication or disclosure of information to unauthorised person

    (1) A person shall not, without the consent, in writing, given by or on behalf of the Committee or a district committee, publish or disclose to any other person, the contents of any document, communication or information, which relates to, or which has come to the knowledge of that person in the course of that person's duties under these Regulations.

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

    (3) A person who, having information which to the knowledge of that person has been published or disclosed in contravention of sub-regulation (1), unlawfully publishes or communicates the information to another person, commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both.

15.    Immunity

An action or other proceeding shall not lie or be instituted against a member of the Committee, a district committee or sub-committee, for or in respect of an act or thing done or omitted to be done in good faith in the exercise or performance of a function conferred under these Regulations.

PART III
VOTER EDUCATORS

16.    Appointment of voter educator

    (1) A district electoral office shall, on the approval of the Commission appoint a voter educator by notice of appointment at—

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    (a)    district level;

    (b)    constituency level;

    (c)    ward level; and

    (d)    any other level that the Commission may consider necessary.

    (2) A copy of the notice of appointment under sub-regulation (1) shall be submitted to the Chief Electoral Officer.

    (3) A voter educator shall—

    (a)    carry out voter education in accordance with the voter education curriculum developed by the Commission;

    (b)    comply with the voter education guidelines issued by the Commission;

    (c)    conduct voter education in an impartial and non-partisan manner; and

    (d)    abide by the Code provided by the Commission.

17.    Revocation of appointment of voter educator

    (1) The Commission may, where a voter educator contravenes a provision of the Act, the Code or these Regulations revoke, in writing, the appointment of the voter educator.

    (2) A district electoral officer may, in writing, and where the Commission directs, revoke the appointment of a voter educator in a district.

    (3) A district electoral officer shall, where a district electoral officer revokes the appointment of a voter educator under sub-regulation (2), deliver a copy of the revocation to the Chief Electoral Officer.

PART IV
GENERAL PROVISIONS

18.    Partnerships with institutions, etc.

    (1) The Commission may partner with an institution or person in providing voter education.

    (2) Where the Commission partners with an institution or person, that institution or person shall use the voter education curriculum developed by the Commission.

    (3) The Commission shall discontinue a partnership under sub-regulation (1) where the institution or person—

    (a)    contravenes sub-regulation (2);

    (b)    does not conduct voter education in an impartial and independent manner; or

    (c)    does not conduct voter education in a manner that promotes conditions conducive to free and fair elections.

19.    Revocation of S.I. No. 37 of 2010

The Electoral (Voter Education) Regulations, 2010 are revoked.

20.    Savings and transitional provisions

The National Voter Education Committee and District Voter Education Committee established under the revoked Regulations shall continue to operate until the Committee or a district committee is established in accordance with these Regulations.

SCHEDULE

[Regulations 5(4) and 7(6)]

ELECTORAL PROCESS (LOCAL GOVERNMENT BY-ELECTIONS) (ELECTION DATE AND TIME OF POLL) ORDER, 2021

[Section 125]

Arrangement of Paragraphs

    Paragraph

    1.    Title

    2.    Date and time of nominations for elections

    3.    Campaign period

    4.    Election date and time of poll

        SCHEDULE

SI 7 of 2021.

1.    Title

This Order may be cited as the Electoral Process (Local Government By-Elections) (Election Date and Time of Poll) Order.

2.    Date and time of nominations for elections

A candidate for election of as council chairperson or councillor in a district or ward set out in the Schedule shall lodge a nomination with the Returning Officer on Thursday, 14th January, 2021, between 0900 hours and 1500 hours.

3.    Campaign period

The campaign period shall commence on Thursday, 14th January, 2021, at 1500 hours and close at 1800 hours on Wednesday, 3rd February, 2021.

4.    Election date and time of poll

    (1) The poll for the election of a council chairperson or councillor in a district or ward set out in the Schedule shall take place on Thursday, 4th February, 2021, between 0600 hours and 1800 hours.

    (2) A poll shall not be taken in a district or ward if only one candidate is validly nominated.

SCHEDULE

[Paragraphs 2 and 4]

ELECTORAL PROCESS (GENERAL ELECTION) (ELECTION DATE AND TIME OF POLL) ORDER

[Sections 28 and 125]

Arrangement of Paragraphs

    Paragraph

    1.    Title

    2.    Election timetable

    3.    Support of Presidential candidate

        SCHEDULE

SI 40 of 2021.

1.    Title

This Order may be cited as the Electoral Process (General Election) (Election Date and Time of Poll) Order.

2.    Election timetable

The elections timetable specified in the Schedule is applicable for the matters specified in that Schedule.

3.    Support of Presidential candidate

A person shall not support a Presidential candidate for the purposes of a Presidential nomination specified in the Schedule unless the person is registered as a voter in the province which the person is representing.

SCHEDULE

[Paragraph 2]

ELECTORAL PROCESS (REVISION OF WARDS) ORDER

[Section 25]

Arrangement of Paragraphs

    Paragraph

    1.    Title

    2.    Revision of number of wards

    3.    Names of wards

    4.    Inspection

    5.    Effective date

        SCHEDULE

SI 57 of 2021.

1.    Title

This Order may be cited as the Electoral Process (Revision of Wards) Order.

2.    Revision of number of wards

The number of wards in the Republic of Zambia is revised from 1,624 to 1,858.

3.    Names of wards

The names of the 1,858 wards referred to in paragraph 2 are as set out in the Schedule.

4.    Inspection

The copies of the boundary descriptions of the wards named in the Schedule are available for inspection by the members of the public at the Commission head office and at the respective City, Municipal or District Councils.

5.    Effective date

The wards referred to in the Schedule which did not exist prior to the commencement of these Regulations shall come into existence on the next dissolution of the Council following the coming.

SCHEDULE

[Paragraph 2]