The Constitution is amended by the repeal of Part IV and

Repeal and 4. The Constitution is amended by the repeal of Part IV and replacement the substitution therefor of the following Part: of Part IV Constitution of Zambia (Amendment) [No. 2 of 2016 13 PART IV CITIZENSHIP 33. A person who was a citizen of Zambia, immediately before Existing citizenship the commencement of this Constitution, shall continue to be a citizen of Zambia and shall retain the same citizenship category from the date the citizenship was acquired. 34. Citizenship may be acquired by birth, descent, registration Categories of citizenship or adoption in accordance with this Part. 35. (1) A person born in Zambia is a citizen by birth if, at the Citizenship by birth date of that person’s birth, at least one parent of that person is or was a citizen. (2) A child found in Zambia who is, or appears to be, of not more than eight years of age and whose nationality and parents are not known, shall be presumed to be a citizen by birth. (3) For the purposes of this Part, a person born aboard— (a) a registered ship or aircraft of a country, shall be deemed to have been born in the country of registration of the ship or aircraft; or (b) an unregistered ship or aircraft of a country, shall be deemed to have been born in that country. 36. A person born outside Zambia is a citizen by descent if, at Citizenship by descent the date of that person’s birth, at least one parent of that person is or was a citizen by birth or descent. 37. (1) Subject to clause (2), a person is entitled to apply to Citizenship by the Citizenship Board of Zambia to be registered as a citizen if that registration person has attained the age of eighteen years and— (a) was born in Zambia and has been ordinarily resident in Zambia for a period of at least five years; (b) was born outside Zambia, has or had an ancestor who is, or was, a citizen and has been ordinarily resident in Zambia for a period of at least five years; or (c) has been ordinarily resident in Zambia for a continuous period of at least ten years; immediately preceding that person’s application for registration, as prescribed. 14 No. 2 of 2016] Constitution of Zambia (Amendment) (2) Notwithstanding clause (1), a person who is, or was married to a citizen, for a period of at least five years, is entitled to apply to the Citizenship Board of Zambia, to be registered as a citizen, as prescribed. Citizenship 38. A child who is not a citizen and who is adopted by a citizen by adoption shall be a citizen on the date of the adoption. Dual 39. (1) A citizen shall not lose citizenship by acquiring the citizenship citizenship of another country. (2) A citizen who ceased to be a citizen, before the commencement of this Constitution as a result of acquiring the citizenship of another country, shall be entitled to apply, as prescribed, to the Citizenship Board of Zambia, for citizenship and the Citizenship Board of Zambia shall bestow citizenship on that person. Renunciation 40. (1) A citizen— and deprivation (a) may renounce citizenship as prescribed; or of citizenship (b) shall be deprived of citizenship if that citizenship was acquired by means of fraud, false representation or concealment of a material fact. (2) The process and procedures to be followed by the Citizenship Board of Zambia when granting or depriving a person of citizenship shall be prescribed. Citizenship 41. (1) There is established the Citizenship Board of Zambia. Board of Zambia (2) The composition, appointment and tenure of office of members of, and procedures to be followed by, the Citizenship Board of Zambia shall be prescribed. Entitlements 42. A citizen is entitled to— of citizen (a) the rights, privileges and benefits of citizenship as provided in this Constitution or as prescribed; and (b) a document of identification issued by the State to citizens. Responsibilities 43. (1) A citizen shall — of citizen (a) be patriotic to Zambia and promote its development and good image; (b) pay taxes and duties lawfully due and owing to the State; (c) protect and conserve the environment and utilise natural resources in a sustainable manner; Constitution of Zambia (Amendment) [No. 2 of 2016 15 (d) maintain a clean and healthy environment; (e) provide national, defence and military service when called upon by the State; and (f) co-operate with law enforcement agencies for the maintenance and enforcement of law and order. (2) A citizen shall endeavour to— (a) acquire basic understanding of this Constitution and promote its ideals and objectives; (b) register and vote, if eligible, in national and local government elections and referenda; (c) develop one’s abilities to the greatest possible extent through acquisition of knowledge, continuous learning and the development of skills; (d) foster national unity and live in harmony with others; and (e) understand and enhance Zambia’s place in the international community. 44. A reference in this Part to the citizenship of the parent of Reference to a person at the time of the birth of that person shall, in relation to a citizenship of parent person born after the death of that person’s parent, be construed as a reference to the citizenship of the parent at the time of the parent’s death. PART V REPRESENTATION OF THE PEOPLE Electoral Systems and Process 45. (1) The electoral systems provided for in Article 47 for Principles of the election of President, Member of Parliament or councillor shall electoral systems and ensure— process (a) that citizens are free to exercise their political rights; (b) universal adult suffrage based on the equality of a vote; (c) fair representation of the various interest groups in society; and (d) gender equity in the National Assembly or council. (2) The electoral process and system of administering elections shall ensure— 16 No. 2 of 2016] Constitution of Zambia (Amendment) (a) that elections are free and fair; (b) that elections are free from violence, intimidation and corruption; (c) independence, accountability, efficiency and transparency of the electoral process; (d) a simple and practical system of voting and tabulating votes; and (e) timely resolution of electoral disputes. Franchise 46. A citizen who has attained the age of eighteen years is entitled to be registered as a voter and vote in an election by secret ballot. Electoral 47. (1) Elections to the office of President shall be conducted systems directly, under a majoritarian electoral system, where the winning candidate must receive more than fifty percent of the valid votes cast, and in accordance with Article 101. (2) Elections to the National Assembly shall be conducted under a first-past-the-post electoral system in accordance with Article 68. (3) Elections to councils shall be conducted under a first-past- the-post electoral system, and in accordance with Articles 153 and 154. (4) A constituency and a ward shall return only one member to the National Assembly and council, respectively. Electoral 48. The electoral process for electing a President, Member process of Parliament or councillor shall be prescribed. System for 49. The system of administering elections shall be prescribed. administering elections Access to 50. A political party and a candidate contesting an election media shall have access to the media, especially during election campaigns. Independent 51. A person is eligible for election as an independent candidates candidate for a National Assembly seat if the person— (a) is not a member of a political party and has not been a member of a political party for at least two months immediately before the date of the election; and Constitution of Zambia (Amendment) [No. 2 of 2016 17 (b) meets the qualifications specified in Article 70 for election as a Member of Parliament. 52. (1) A candidate shall file that candidate’s nomination paper Nominations to a returning officer, supported by an affidavit stating that the candidate is qualified for nomination as President, Member of Parliament or councillor, in the manner, on the day, and at the time and place set by the Electoral Commission by regulation. (2) A returning officer shall, immediately on the filing of a nomination paper, in accordance with clause (1), duly reject the nomination paper if the candidate does not meet the qualifications or procedural requirements specified for election to that office. (3) The information contained in a nomination paper and affidavit shall be published by the Electoral Commission, as prescribed. (4) A person may challenge, before a court or tribunal, as prescribed, the nomination of a candidate within seven days of the close of nomination and the court shall hear the case within twenty- one days of its lodgement. (5) The processes specified in clauses (1) to (4) shall be completed at least thirty days before a general election. (6) Where a candidate dies, resigns or becomes disqualified in accordance with Article 70, 100 or 153 or a court disqualifies a candidate for corruption or malpractice, after the close of nominations and before the election date, the Electoral Commission shall cancel the election and require the filing of fresh nominations by eligible candidates and elections shall be held within thirty days of the filing of the fresh nominations. 53. (1) Where only one candidate is nominated for election Unopposed candidates as President, Member of Parliament or councillor, by the date and time set by the Electoral Commission for receiving nominations and at the close of the nomination period, that candidate shall be declared duly elected. 18 No. 2 of 2016] Constitution of Zambia (Amendment) (2) A person may, within seven days of a declaration made in accordance with clause (1), challenge the declaration, as prescribed. (3) The processes specified in clauses (1) and (2) shall be completed at least thirty days before a general election. Electoral 54. A candidate and a political party shall comply with a code of conduct prescribed electoral code of conduct. Losing 55. A candidate who loses an election as a President, Vice- candidate President, Member of Parliament or councillor is not eligible, during not eligible for certain the term of that National Assembly or council, for appointment appointments as— (a) Minister; or (b) Provincial Minister. Election date 56. (1) A general election shall be held, every five years after for general the last general election, on the second Thursday of August. elections (2) The day on which a general election is held shall be a public holiday. By-elections 57. (1) Where a vacancy occurs in the office of Member of Parliament, mayor, council chairperson or councillor, a by-election shall be held within ninety days of the occurrence of the vacancy. (2) A by-election shall not be held within the one hundred-and- eighty day period that precedes a general election. (3) The Electoral Commission shall, by regulation, set the place where, and the date and time when, a by-election is to be held. Constituencies, Wards and Delimitation Constituencies, 58. (1) Zambia shall be divided into constituencies and wards wards and delimitation for purposes of elections to the National Assembly and councils, respectively. (2) The number of constituencies shall be equal to the number of seats of elected members in the National Assembly. (3) The number of wards in a district shall be prescribed. (4) The Electoral Commission shall determine the names and boundaries of constituencies and wards. Constitution of Zambia (Amendment) [No. 2 of 2016 19 (5) The Electoral Commission shall, at intervals of not more than ten years, review the names and boundaries of constituencies and wards. (6) The names and details of the boundaries of constituencies and wards shall be published in the Gazette and shall come into effect on the next dissolution of Parliament or councils. (7) A person may apply to the Constitutional Court for review of a decision of the Electoral Commission made under this Article. 59. The Electoral Commission shall, in delimiting the boundaries Matters to of constituencies and wards— take into account (a) take into account the history, diversity and cohesiveness when delimiting of the constituency or ward; constituencies and wards (b) have regard to population density, trends and projections; (c) ensure that the number of inhabitants in each constituency or ward is reasonable, taking into account the means of communication and geographical features; (d) ensure that constituencies and wards are wholly within districts; and (e) seek to achieve an approximate equality of constituency and ward population, subject to the need to ensure adequate representation for urban and sparsely populated areas. Political Parties 60. (1) A political party has the right to— Political parties (a) disseminate information on social and economic programmes of a national character and of its political ideology; (b) sponsor candidates for election or nomination to a State office in respect of which elections are required to be held; and (c) conduct primary elections for the selection of candidates. (2) A political party shall— (a) promote the values and principles specified in this Constitution; (b) have a national character; (c) promote and uphold national unity; 20 No. 2 of 2016] Constitution of Zambia (Amendment) (d) promote and practice democracy through regular, free and fair elections within the party; (e) respect the right of its members to participate in the affairs of the political party; (f) respect the right of its members to seek redress from a court or tribunal when aggrieved by a decision of the political party; and (g) subscribe to and observe the code of conduct for political parties, as prescribed. (3)A political party shall not— (a) be founded on a religious, linguistic, racial, ethnic, tribal, gender, sectoral or provincial basis or engage in propaganda based on any of these factors; (b) engage in or encourage violence or intimidate its members, supporters, opponents or other persons; (c) engage in corrupt practices; and (d) except as prescribed, use public resources to promote its interest or that of its members. (4) The following shall be prescribed with regard to political parties: (a) the establishment and management of a Political Parties’ Fund to provide financial support to political parties with seats in the National Assembly; (b) the accounts of political parties which are funded under the Political Parties’ Fund and the submission of audited accounts by political parties; (c) the sources of funds for political parties; (d) the maximum amount of money to be used for campaigns during elections; and (e) matters incidental to matters specified in this clause.