Electoral Commission Act, 1996
This section is an interpretation provision for Part II on the Electoral Commission.
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- Zambia
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- Act 24 of 1996
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About this statute
This section is an interpretation provision for Part II on the Electoral Commission. Section 11 is titled “Prohibition of disclosure of information.” This text only shows the section heading: "Director and other staff" under Part IV, Financial and Other Provisions. Single copies of the Act may be obtained from the Government Printer for K2,000 each. This section says the Commission has the functions set out in Article 76, its members are appointed by the President with National Assembly ratification, members may resign on one month’s written notice, and the President may remove a member on specified grounds.
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Provisions of Electoral Commission Act, 1996
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In this Act. unless the context otherwise requires
This section is an interpretation provision for Part II on the Electoral Commission.
2. Interpretation PART II THE ELECTORAL COMMISSION ,, l... Seal of Commission Composition of Commission
Part
PART II
- 11 Verify source ↗
Prohibition of disclosure of information
Section 11 is titled “Prohibition of disclosure of information.”
11. Prohibition of disclosure of information Tenure of office and vacancy Filling of casual vacancy Remuneration and allowances . Proceedings of Commission Committees ., PART III ADMINISTRATION
Part
PART III
- 12 Verify source ↗
Director and other staff
This text only shows the section heading: "Director and other staff" under Part IV, Financial and Other Provisions.
12. Director and other staff PARTIV FINA:<CIAL AND OTHER PROVISIONS J 3. Funds of Commission - 19 Verify source ↗
Rules
Single copies of the Act may be obtained from the Government Printer for K2,000 each.
19. Rules Single copies of this Act may be obtained from the Government Pri/11.er, P.0. llox 301.16, /0100 lusaka. Price K2,000 each. - ' ,.., ' •• i i I ii lj ii I i .1 • ·714 No. 24 of 1996] EleclOrlJ/ Commission Functions an<! Composition of Commis sion - 4 Verify source ↗
(1) The Cominission as established by Article 76 of the
This section says the Commission has the functions set out in Article 76, its members are appointed by the President with National Assembly ratification, members may resign on one month’s written notice, and the President may remove a member on specified grounds.
4. (1) The Cominission as established by Article 76 of the Constitution shall have the functions specified in_that Article. The Commission shall con�ist of the following full-time (2) members: (a) a Chai rpcrson: and (b) not more than four other members. (3) The members shall be appointed by the President, subject to (4) A decision majority of the me: event of an equali shall have a castir (5) The Comm in its opinion dcsi, tions of the meetir no vote. Tenure of office and vacancy Filling of casual vacancy Remunera tion and allowances Proceedings of Commis sion ratification by the National Assembly. {b) the member is declared bankrupt. (3) The President may remove a member if.- (a) the member is insane or otherwise declared to be of Provided that the first members shall be appointed for periods ranging from two to five years in order lo faciliiate retirement by roralion. (2) A member referred to in subsection (I) may resign upon giving one month's notice, in writing , to the President (4) The Chairperson shall be a person who has held, or is qualified to hold, high judicial ofliccor, any other suitably qualified person. - 5 Verify source ↗
(I) A member referred to in subsection (!)of section/our shall
A referred member must be appointed for a term of up to seven years, and the appointment is subject to renewal and ratification by the National Assembly.
5. (I) A member referred to in subsection (!)of section/our shall be appointed for a tcnn not exceeding seven years, subject to renewals and ratification by the National Assembly: 1 - 9 Verify source ↗
Section 9
The text is too fragmented to reliably extract a clear rule, though it appears to refer to the validity of a Commission and committee membership.
9. unsound mind; or (6) The validit Commission shall ship of the Comm member or by reai in �e proceedingi the Com functions under th (I) necessary and de functions a� it car (2) TheComm persons who are member of a cord, (3) A person s office for such pe (4) Subject to, sion, a committee - 10 Verify source ↗
(I) If any I'
The text appears to let members present elect a person for the meeting’s purposes, and it also appears to refer to disclosure of an interest and recording that disclosure.
10. (I) If any I'. or any committee: and in which mau or indirectly inter soon as is praclic declare such inter committee otherv discussion of, or, (2) A disclosu, recorded in the m (3) A person " an offence and 1 exceeding te_n lhm not exceeding thn I 1. (1) A pcrsc members present may elect for the purposes of that i Y, or on behalf 1 person otherwise meeting. - 6 Verify source ↗
Whenever theofliee of a member becomes vacant before the
If a member’s office becomes vacant before the term ends, the President may appoint another person to serve for the unexpired term.
6. Whenever theofliee of a member becomes vacant before the expiry of the telTil of office, the President may appoint another person to be a member in place of the member who vacates the office for the unexpired tenn of that office. ( a) the Chairperson: or {b) in the absence of the Chairperson, such member as the - 7 Verify source ↗
A member shall be paid such remuneration or allowances as
The Commission may determine a member’s remuneration or allowances, but only with the President’s approval.
7. A member shall be paid such remuneration or allowances as the Commission may, with the approval of the President, determine. - 8 Verify source ↗
(I) Subject to the other provisionsof this Act, the Commission
The Commission may regulate its own procedure, with three members forming a quorum and the chair having a casting vote if votes are equal.
8. (I) Subject to the other provisionsof this Act, the Commission (2) Three members shall form a quorum at any meeting of the (3) There shall preside at any meeting of the Commission- may regulate its own procedure. Commission. • Electoral Commission [No. 24 of 1996 71S � 76 of the Article. 1g full-time (4� A decision of the Commission 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 a casting vote in addition to his deliberative vote. it, subject to held, or is Jl y quali fled c irshall :, .-,uLJject to I for periods 11 by rotation. resign upon ,t. ed to be of (5) The Commission may invite any person, whose presence is in its opinion desirable, to attend and to participate in the delibera tions of the meeting of the Commission, but such person shall have no vote. (6) The validity of any proceedings, acts or decisions of the Commission shall not be affected by any vacancy in the member ship of the Commission or by any defect in the appointment of any member or by reason, that any person not entitled to do so took part in the proceedings. - 9 Verify source ↗
Section 9
The Commission may create committees, appoint their members, and delegate functions to them. Committees may regulate their own procedure, but only subject to the Commission’s directions.
9. I) ( the Commission may, for the purpose of perfonning its Committees functions under this Act, establish such committees as it considers necessary and delegate to any of those committees such of its functions as it considers lit. (2) The Commission may appoint as members of a committee, persons who arc, or are not, members, except that at lea�t one member of a committee shall be a member. (3) A person serving as a member of a committee shall hold office for such period as the Commission may determine. (4) Subject to any specific or general direction of the Commis sion, a committee may regulate its own procedure. nt before the oint another tcs tlleoffice - 10 Verify source ↗
(1) If any person is present at a meeting of the Commission
People at a Commission or committee meeting must declare a private interest in the matter, must not take part in discussion or voting unless directed otherwise, and the disclosure must be recorded in the minutes.
10. (1) If any person is present at a meeting of the Commission or any comm i ttec at which any matter is the subject of consideration and in which matter that person or that person's spouse is directly or indirectly interested in a private capacity, that person shall as soon as is practicable after the commencement of the meeting, aces as declare such interest and shall not, unless the Commission or the 11 t,aeierminc. committee otherwise directs, take part in any consideration or Commission discussion of, or vote on any question touching such matter. (2) A disclosure of interest made under subsection (I) shall be recorded in the minutes of tlle meeting at which it is-made. eeting of the (3) A person who contravenes subsection (I) shall be guilty of an offence and shall be liable upon conviction to a line not mission-- exceeding ten thousand penalty units or to imprisonment for a term I 11. (I) A person shall not without the consent in writing given fY, ot_ exceeding three years or to both. or on ,bch�f of, the _ to any rson otherwise than m the course of the person's duties, the Commission, publish or disclose _ , ter as the :S es of that r \ Disclosure of interest Prohibition of disclosure of informa tion • 718 No. 24 of 1996) Electoral Commission Transfor of staff department dealing with elections, immediately prior to the com mencement of this Act, shall continue against the Commission as if instituted under this Act. - 18 Verify source ↗
(l)Theemployeesof thedepartrnentofGovemmentdealing
Election-department employees are transferred to the Commission from commencement of the Act, and the Commission decides their terms and conditions.
18. (l)Theemployeesof thedepartrnentofGovemmentdealing with elections shall be deemed to be transferred to the Commission from the commencement of this Act and shall be engaged by the Commission on such terms and conditions as the Commission may determine. (2) Notwithstanding subsection (1) the service of the employees referred to in subsection ( I) shall be treated.as continued service and the employees shall continue to COl}tpbute to the Public Service . Pension Fund. (3) Nothing in this Act affects the rights or liabilities of any person, referred to in subsection (I), acquired or incurred immedi- ·., ately before the commencement of this Act. ( Rul�s - 19 Verify source ↗
The Commission may, by statutory instrument, make rules
The Commission may make rules by statutory instrument.
19. The Commission may, by statutory instrument, make rules for- (a) the appointment, including the power to confirm appoint ments of persons, to any office in respect of which it is charged with responsibility under this Act; (b) the disciplinary control of persons holding or acting in any office in respect of which it is charged with responsibil ity under this Act; (c) the termination of appointments and the removal of per sons from any office, in respect of which it is charged with responsibility under this Act; (d) the practice and procedure of the Commission in the exercise of its functions under this Act; and ( e) the delegation of its functions or powers.
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