Electoral Commission of Zambia Act, 2016
This section gives the Act’s short title.
- Jurisdiction
- Zambia
- Instrument
- Act or statute
- Citation
- Act 25 of 2016
- Version
- 11 Apr 2019
- Language
- en
- Official source
- View official record ↗
accounts and audit administration annual report annual reporting appointments asset transfer audit authentication board composition commission meetings commission powers committees compliance continuity of service decision-making definitions delegation disclosure of interest document execution election administration electoral education employee allowances financial statements financial year +25 more
Statute overview
About this statute
This section gives the Act’s short title. This section defines key terms used in the Act. The Commission decides the form of its seal, the Chief Electoral Officer must keep it, and certain officials must authenticate its use. The Commission must direct and oversee elections fairly, and it may gather information and hold consultations to do its work. This section sets out who makes up the Commission, who appoints members, how long they serve, when they can resign, and when a seat becomes vacant.
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Provisions of Electoral Commission of Zambia Act, 2016
Showing 23 of 23
Part
PART I
- 1 Verify source ↗
Short title
This section gives the Act’s short title.
1. This Act may be cited as the Electoral Commission of Short title Zambia Act, 2016. - 2 Verify source ↗
Interpretation
This section defines key terms used in the Act.
2. In this Act, unless the context otherwise requires— “associate” has the meaning assigned to it in the Anti- Corruption Act, 2012; Interpretation Act No. 3 of 2012 “Chairperson” means the person appointed Chairperson of the Commission under section five; “Chief Electoral Officer” means the person appointed Chief Electoral Officer of the Commission under section nine; “Commission” means the Electoral Commission of Zambia established under Article 229 of the Constitution; Cap. 1 “Electoral Commission” means the Electoral Commission provided for under the repealed Act; Cap. 17 580 No. 25 of 2016] Electoral Commission of Zambia Cap. 1 Constitution; “emoluments” has the meaning assigned to it in the Cap. 1 Cap. 1 Cap. 1 Cap. 17 Cap.1 Cap.1 “Emoluments Commission” means the Emoluments Commission established under Article 232 of the Constitution; “function” has the meaning assigned to it in the Constitution; “member” means a person appointed as a member of the Commission under section five; “oath” has the meaning assigned to it in the Constitution; “relative” means— (a) a person’s son, daughter, brother, sister, nephew, niece, parent, uncle, aunt, grandparent or cousin; and (b) a person’s spouse or the spouse of any of the persons mentioned in paragraph (a); “repealed Act” means the Electoral Commission Act, 1996; “State organ” has the meaning assigned to it in the Constitution; “superior court” has the meaning assigned to it in the Constitution; and “Vice-Chairperson” means the person appointed Vice- Chairperson of the Commission under section five. PART II THE ELECTORAL COMMISSION OF ZAMBIA Seal of Commission
Part
PART II
- 3 Verify source ↗
Seal of Commission
The Commission decides the form of its seal, the Chief Electoral Officer must keep it, and certain officials must authenticate its use.
3. (1) The seal of the Commission shall be such device as may be determined by the Commission and shall be kept by the Chief Electoral Officer. (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Chief Electoral Officer or any other person authorised in that behalf by a resolution of the Commission. (3) A contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into or executed without seal on behalf of the Commission by the Chief Electoral Officer or anyother person generally or specifically authorised by the Commission in that behalf. (4) A document purporting to be under the seal of the Commission or issued on behalf of the Commission shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved. Electoral Commission of Zambia [No. 25 of 2016 581 - 4 Verify source ↗
Functions of Commission
The Commission must direct and oversee elections fairly, and it may gather information and hold consultations to do its work.
4. (1) Subject to the Constitution, the Commission shall direct, supervise and control elections in a fair and impartial manner. Functions of Commission Cap. 1 (2) Without prejudice to the generality of subsection (1), the functions of the Commission are to— (a) ensure that elections are free and fair; (b) promote conditions conducive to free and fair elections; (c) promote democratic electoral processes; (d) supervise and control the registration of voters for the purposes of an election; (e) supervise the preparation, publication and maintenance of a national voters’register and local authority voters’ register; (f) adjudicate disputes that may arise from the organisation, administration or conducting of elections, which are of an administrative nature; (g) conduct education and information programmes to promote public awareness of electoral and parliamentary matters; (h) provide information and advice on electoral matters to State organs; (i) conduct and promote research into electoral matters and other matters that relate to its functions; (j) establish and maintain liaison and cooperation with political parties; and (k) do all such other things as are necessary or incidental to the performance of its functions under this Act. (3) The Commission may, in furtherance of its functions— (a) collect any information that it considers necessary for the performance of its functions under the Constitution and this Act; (b) undertake consultations, public hearings and inquiries for purposes of performing its functions under the Constitution and this Act; and (c) receive written or oral statements from any person or organisation for purposes of its functions under this Act. Cap. 1 Cap. 1 - 5 Verify source ↗
Composition of Commission
This section sets out who makes up the Commission, who appoints members, how long they serve, when they can resign, and when a seat becomes vacant.
5. (1) The Commission consists of the following full-time members appointed by the President, subject to ratification by the National Assembly: Composition of Commission 582 No. 25 of 2016] Electoral Commission of Zambia (a) the Chairperson; (b) the Vice-Chairperson; and (c) three other members; (2) A person qualifies for appointment as the Chairperson or Vice-Chairperson if that person has held, or is qualified to hold, the office of judge of a superior court. (3) A member of the Commission shall hold office for a term of seven years and may be re-appointed for a further term of seven years. (4) A member may resign upon giving one month’s notice, in writing, to the President. (5) The office of a member becomes vacant if the member— (a) dies; (b) resigns; (c) is absent, without reasonable excuse, from three consecutive meetings of the Commission of which the member has had notice without the approval of the Commission; (d) is adjudged bankrupt; (e) is convicted of an offence under this Act or any other written law and sentenced to imprisonment for aperiod exceeding six months without the option of a fine; (f)is removed by the President; or (g) is mentally or physically incapable of performing the duties of a member. (6) A member shall, on the expiration of the period for which the member is appointed, continue to hold office until a successor is appointed, but in no case shall the further period exceed four months. (7) Whenever the office of a member becomes vacant before the expiry of the term of office, the President may appoint another person to be a member in place of the member who vacates the office for the unexpired term of that office. - 6 Verify source ↗
Proceedings of Commission
The Commission may regulate its own procedure, but it must meet at least every three months, keep minutes, and follow quorum, notice, and voting rules.
6. (1) Subject to the other provisions of this Act, the Commission may regulate its own procedure. (2) The Commission shall meet for the transaction of business at least once in every three months at such places and times as the Commission may determine. Proceedings of Commission Electoral Commission of Zambia [No. 25 of 2016 583 (3) A meeting of the Commission may be called by the Chairperson upon giving notice of not less than fourteen days and shall be called by the Chairperson if one-third or more of the members so request in writing, except that if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called upon giving a shorter notice. (4) Five members shall form a quorum at a meeting of the Commission. (5) There shall preside at a meeting of the Commission— (a) the Chairperson; (b) in the absence of the Chairperson, the Vice-Chairperson; and (c) in the absence of the Chairperson and the Vice- Chairperson, such other member as the members present may elect for the purposes of that meeting. (6) 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 that person’s deliberative vote. (7) Where a member is for any reason unable to attend any meeting of the Commission, the member may, in writing, nominate another person from the same organisation to attend such meeting in that member’s stead and such person shall be deemed to be a member for the purpose of that meeting. (8) The Commission may invite a person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of the meeting of the Commission, but that person shall have no vote. (9) The validity of any proceedings, acts or decisions of the Commission shall not be affected by any vacancy in the membership 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. (10) The Commission shall cause minutes to be kept of the proceedings of every meeting of the Commission and every meeting of any committee of the Commission. 584 No. 25 of 2016] Electoral Commission of Zambia Committees - 7 Verify source ↗
Committees
The Commission may create committees, appoint their members, delegate functions to them, and committees may set their own procedure unless the Commission directs otherwise.
7. (1) The Commission may, for the purpose of performing its 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 fit. (2) The Commission may appoint as members of a committee, persons who are or are not members, except that at least 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 Commission, a committee may regulate its own procedure. Emoluments - 8 Verify source ↗
Emoluments
Members of the Commission and its committees are to be paid emoluments determined by the Emoluments Commission.
8. A member of the Commission or any committee of the Commission shall be paid such emoluments as the Emoluments Commission may determine. Chief Electoral Officer and other staff - 9 Verify source ↗
Chief Electoral Officer and other staff
The Commission appoints the Chief Electoral Officer, who runs the Commission’s day-to-day administration under the Commission’s directions.
9. (1) There shall be a Chief Electoral Officer of the Commission who shall be appointed by the Commission. (2) The Chief Electoral Officer shall be the chief executive officer of the Commission, and subject to the general and specific directions of the Commission shall— Disclosure of interest (a) be responsible for the day-to-day administration and management of the Commission; (b) be an ex-officio member of the Commission; and (c) exercise the functions conferred upon the Chief Electoral Officer by, or under, this Act. (3) The Commission shall, on such terms and conditions as it may determine, appoint such other staff and officers of the Commission as are necessary for purposes of this Act. - 10 Verify source ↗
Disclosure of interest
People at Commission or committee meetings must disclose relevant private interests promptly and usually must not join discussion or voting on the matter.
10. (1) A person who is present at a meeting of the Commission or any committee of the Commission at which any matter is the subject of consideration, and in which matter that person or that persons relative or associate is directly or indirectly interested in a private capacity shall, as soon as is practicable after the commencement of the meeting, declare such interest and shall not, unless the Commission or the committee otherwise directs, take part in any consideration or discussion of, or vote on, any question relating to that matter. (3) A disclosure of interest made under subsection (1) shall be recorded in the minutes of the meeting at which it is made. Electoral Commission of Zambia [No. 25 of 2016 585 (3) A person who contravenes subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both. - 11 Verify source ↗
Prohibition of publication or disclosure of information to
A person must not publish or disclose covered information without written consent from or on behalf of the Commission, unless it is done in the course of duties.
11. (1) A person shall not, without the consent, in writing, given by or on behalf of the Commission, publish or disclose to an unauthorised person, otherwise than in the course of duties of that person, the contents of a document, communication or information whatsoever, which relates to or which has come to the knowledge of that person in the course of that person’s duties under this Act. Prohibition of publication or disclosure of information to unauthorised persons (2) A person who contravenes subsection (1) commits an offence and is liable, upon 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 any information which to the knowledge of that person has been published or disclosed in contravention of subsection (1), unlawfully publishes or communicates the information to another person, commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both. - 12 Verify source ↗
Oath on appointment
Commission appointees must take an oath on appointment.
12. (1) A member of the Commission shall, on appointment, take an oath in accordance with the Official Oaths Act. Oath on appointment Cap. 5 (2) The Chief Electoral Officer and the officers and staff of the Commission shall, on appointment, take an oath in accordance with the Official Oaths Act. Cap. 5 - 13 Verify source ↗
Immunity
Commission members, committee members, and staff are immune from proceedings for acts or omissions done in good faith while carrying out, or purporting to carry out, functions under the Act.
13. An action or other proceeding shall not lie or be instituted Immunity against a member of the Commission, a member of a committee of the Commission or a member of staff of the Commission for, or in respect of, an act or thing done or omitted to be done in good faith in the exercise or performance, or purported exercise or performance, of any of the functions conferred under this Act. 586 No. 25 of 2016] Electoral Commission of Zambia PART III FINANCIAL PROVISIONS Funds of Commission
Part
PART III
- 14 Verify source ↗
Funds of Commission
The Commission’s funds come from appropriations, grants or donations, and other monies that accrue to it. It may accept donations, raise loans, and invest unused funds with the President’s approval, and it must pay specified expenses from its funds.
14. (1) The funds of the Commission shall consist of such monies as may— (a) be appropriated to the Commission by Parliament; (b) be paid to the Commission by way of grants or donations; or (c) otherwise vest in or accrue to the Commission. (2) The Commission may, subject to the approval of the President— (a) accept monies by way of grants or donations from any source within or outside Zambia; and (b) raise by way of loans or otherwise, such monies as it may require for the discharge of its functions. (3) There shall be paid from the funds of the Commission (a) the emoluments of the members and staff of the Commission; (b) such travelling and other allowances for the members and the members of any committee when engaged on the business of the Commission, at such rates as the Emoluments Commission may approve; and (c) any other expenses incurred by the Commission in the performance of its functions under this Act. (4) The Commission may, with the approval of the President, invest in such manner as it considers appropriate such funds of the Commission that it does not immediately require for the discharge of its functions. Financial year - 15 Verify source ↗
Financial year
The Commission’s financial year runs for 12 months and ends on 31 December each year.
15. The financial year of the Commission shall be a period of twelve months ending on 31st December in each year. Accounts and audit - 16 Verify source ↗
Accounts and audit
The Commission must keep proper accounting books and records, have its accounts audited annually, and pay the Auditor-General’s fees.
16. (1) The Commission shall cause to be kept proper books of accounts and other records relating to its accounts. (2) The accounts of the Commission shall be audited annually by the Auditor-General or an auditor appointed by the Auditor- General. (3) The Auditor-General’s fees shall be paid by the Commission. Annual report - 17 Verify source ↗
PART IV
The Commission must send an annual activities report to the President within 90 days after the financial year ends, and the report must include financial information and audited statements. The Minister responsible for finance must also prepare an annual statement of the Commission’s income and expenditure and lay it before the National Assembly.
17. (1) As soon as practicable, but not later than ninety days after the end of the financial year, the Commission shall submit to the President a report concerning its activities during the financial year. Electoral Commission of Zambia [No. 25 of 2016 587 (2) The report referred to in subsection (1) shall include information on the financial affairs of the Commission and there shall be appended to the report— (a) an audited statement of financial position; (b) an audited statement of comprehensive income; and (c) such other information as the President may require. (3) The Minister responsible for finance shall cause to be prepared an annual statement of the income and expenditure of the Commission to be laid before the National Assembly. PART IV GENERAL PROVISIONS
Part
PART IV
- 18 Verify source ↗
General offences
A person must not give false information, obstruct Commission staff, ignore lawful requests or directives, or interfere with seizures.
18. (1) A person shall not— General offences (a) knowingly make, or cause to be made, to the Commission, a false testimony or false report in any material particular on a matter under investigation; (b) knowingly mislead the Commission, a member, an officer or staff of the Commission by giving any false information or statement or making a false allegation; (c) obstruct, assault, insult, hinder, delay or impersonate an officer or staff of the Commission in the lawful exercise of the powers conferred on the officer or staff of the Commission under this Act; (d) refuse or fail, without reasonable cause, to give the Commission on request, a document or information required for purposes of this Act; (e) unlawfully influence a decision of the Commission or coerce the Commission to make a decision in favour of that person; (f) fail to comply with a lawful summon, order or directive of the Commission or an officer of the Commission under this Act; or 588 No. 25 of 2016] Electoral Commission of Zambia (g) destroy anything or prevent the seizure of any property or document or securing of the property or document. (2) A person who contravenes subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or imprisonment for a term not exceeding two years, or to both. Regulations - 19 Verify source ↗
Regulations
The Commission may make regulations by statutory instrument.
19. (1) The Commission may, by statutory instrument, make regulations for the better carrying out of the provisions of this Act. (2) Without prejudice to the generality of subsection (1), the Commission may make regulations for— Repeal of Cap. 17 Transitional provisions (a) the appointment, including the power to confirm appointments, of persons to an office in respect of which it is charged with responsibility under this Act; (b) the disciplinary control of persons holding or acting in an office in respect of which it is charged with responsibility under this Act; (c) the termination of appointments and the removal of persons from an 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. - 20 Verify source ↗
Repeal of Cap. 17
The Electoral Commission Act, 1996 is repealed.
20. The Electoral Commission Act, 1996, is repealed. - 21 Verify source ↗
Transitional provisions
This section transfers the Electoral Commission’s assets, rights, liabilities, and obligations to the Commission, and requires registration where the law requires it.
21. (1) On or after the commencement of this Act, there shall be transferred to, vest in and subsist against the Commission by virtue of this Act and without further assurance, all assets, rights, liabilities and obligations which immediately before that date were the assets, rights, liabilities and obligations of the Electoral Commission. (2) Subject to subsection (1), every deed, bond and agreement, other than an agreement for personal service, to which the Electoral Commission was a party immediately before the commencement of this Act whether or not of such a nature that rights, liabilities and obligations could be assigned shall, unless its subject matter or terms make it impossible that it should have effect as modified, as provided under this subsection, have effect as if— (a) the Commission had been party to it; (b) for any reference to the Electoral Commission there was submitted, with respect to anything falling to be done or after the commencement of this Act, a reference to the Commission; or Electoral Commission of Zambia [No. 25 of 2016 589 (c) for any reference to an officer of the Electoral Commission, not being a party to it and beneficially interested, there were substituted, as respects anything falling to be done on or after the commencement of this Act a reference to such officer of the Commission as it shall designate. (3) Where under this Act, any assets, rights, liabilities and obligations of the Electoral Commission are deemed to be transferred to the Commission in respect of which a written law provides for registration, the Commission shall make an application, in writing, to the appropriate registration authority for registration of the transfer. (4) The registration authority, referred to in subsection (3), shall make such entries in the appropriate register as shall give effect to the transfer and, where applicable, issue to the transferer concerned a certificate of title in respect of the property or make necessary amendments to the register and shall endorse the deeds relating to the title, right or obligation concerned and no registration fees or other duties shall be payable in respect of the transaction. - 22 Verify source ↗
Legal proceedings
Pending Electoral Commission proceedings may continue against the Commission, and later proceedings about its rights, liabilities, or obligations may be started by or against it.
22. (1) Any legal proceedings or application of the Electoral Commission pending immediately before the commencement of this Act by or against the Electoral Commission may be continued by or against the Commission. Legal proceedings (2) After the commencement of this Act, proceedings in respect of any right, liability or obligation which was vested in, held, enjoyed, incurred or suffered by the Electoral Commission may be instituted by or against the Commission. - 23 Verify source ↗
Staff of Electoral Commission
Employees of the Electoral Commission who were employed before commencement are transferred to the Commission and their service counts as continuous.
23. (1) A person who, before the commencement of this Act, was an employee of the Electoral Commission shall be transferred to the service of the Commission as an employee of the Commission as if employed under this Act. Staff of Electoral Commission (2) The service of the persons referred to in subsection (1) shall be treated as continuous service. (3) Nothing in this Act affects the rights and liabilities of any person employed or appointed by the Electoral Commission before the commencement of this Act. 590
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