Section 5 of the principal Act is amended by the deletion of
Verify source ↗ This section sets qualification, term, resignation, vacancy, suspension, removal, and hearing rules for a member.
4. Section 5 of the principal Act is amended by the deletion of subsections (2), (3), (4), (5), (6) and (7) and the substitution therefore of the following: (2) A person is qualified for appointment as a member if that person— (a) has a school certificate or its equivalent; (b) holds a degree or an equivalent qualification, which is accredited or recognised and validated by the Zambia Qualification Authority; (c) does not hold a political office; and (d) has proven relevant knowledge and experience in— (i) election administation and management; (ii) finance; (iii) governance; (iv) public administration; or (v) law. (3) A member shall hold office for a term of seven years, and may be re-appointed for a further and final term of seven years. (4) A member may resign on giving one month’s notice, in writing, to the President. Electoral Commission of Zambia (Amendment) [No. 5 of 2019 163 (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 a period exceeding six months without the option of a fine; or (f) is legally disqualified from performing the functions of that office. (6) A member shall, on the expiration of the period for which that 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. (8) The President may remove a member from office for incompetence or gross misconduct. (9) The President may initiate the removal of a member from office on— (a) the President’s own motion; or (b) receipt of a complaint by a complainant— (i) acting in the complainant’s own interest; (ii) that is an association acting in the interest of its members; (iii) who is a person acting on behalf of a complainant; (iv) who is a person acting on behalf, and in the interest of a group or class of persons; or (v) who is making a complaint anonymously. (10) A complaint made under subsection (9) shall be in a prescribed manner and form. (11) Subsection (10) shall not apply to a complaint made by a person specified in subsection (9) (b) (v). 164 No. 5 of 2019] Electoral Commission of Zambia (Amendment) (12) If the President considers that the question of removing a member under this Act ought to be investigated, the President shall refer the matter to the Chief Justice and suspend the member in writing, pending the outcome of the investigation. (13) A member suspended under subsection (12) shall, on receipt of the notice of suspension, cease to perform the functions of the office of that member. (14) The Chief Justice shall, on receipt of the matter referred to under subsection (12) appoint a tribunal which shall consist of a chairperson and at least two other members who hold or have held the office of a judge of a superior court. (15) A Tribunal constituted under subsection (14) shall hear and determine the question of removal of the member on the grounds specified under subsection (8) within thirty days of the date of appointment of the Tribunal. (16) The Tribunal shall, where the tribunal decides on the matter advise the Chief Justice whether the member ought to be removed from office for incompetence or gross misconduct. (17) Where the Tribunal reports that the particulars of a complaint against a member— (a) are not substantiated, the President shall lift the suspension of the member and the member shall, on receipt of that decision, resume the functions of the office of that member; or (b) are substantiated, the President shall remove that member from office. (18) The proceedings under subsection (14) shall be held in camera and the member shall be entitled to appear, be heard and be represented by a legal practitioner or an authorised representative.