Electoral Commission of Zambia (Amendment) Act, 2019

2. Section 2 of the principal Act is amended by the insertion of the following new definations in the appropriate places: Amendment of section 2 “Examination Council of Zambia” means the Examinations Council of Zambia established under the Examinations Council of Zambia Act; “School Certificate” means the certificate awarded by the Examinations Council of Zambia to a candidate who passes such subjects, in the grade twelve examinations conducted by the Examinations Council of Zambia, as the Examinations Council of Zambia requires for the award of the certificate; and “Zambia Qualifications Authority” means the Zambia Qualifications Authority established under the Zambia Qualifications Authority Act, 2011. Cap. 137 Act No. 13 of 2011

3. Section 4 of the principal Act is amended by the deletion of subsection (2) and the substitution therefore of the following: Amendment of section 4 (2) Without prejudice to the generality of subsection (1), the functions of the Commission are to— Single copies of this Act may be obtained from the Government Printer, P.O. Box 30136, 10101 Lusaka, Price K12.00 each. 162 No. 5 of 2019] Electoral Commission of Zambia (Amendment) (a) apply the principles in the electoral system and process under the Electoral Process Act, 2016; (b) conduct the registration of voters for the purposes of an election; (c) prepare, publicise and maintain a register of voters; (d) determine the names and boundaries of constituencies and wards; (e) resolve disputes that are of an administrative nature, which may arise from the organisation, administration or conduct of an election; (f) conduct education and information programmes to promote public awareness of electoral matters; (g) provide information and advice to State organs on electoral matters; (h) conduct and promote research into electoral matters and other matters that relate to its functions; and (i) establish and maintain liaison and cooperation with political parties. Act No. 35 of 2016 Amendment of section 5

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.

5. Section 6 of the principal Act is amended by the deletion— (a) in subsection (2), of the words “every three months” and the substitution therefore of the words “a month”; (b) in subsection (4), of the word “five” and the substitution therefore of the word “three”; and (c) of subsection (7). Amendment of section 6 Electoral Commission of Zambia (Amendment) [No. 5 of 2019 165

6. Section 14 of the principal Act is amended by the deletion of subsection (4) and the substitution therefore of the following: Amendment of section 14 (4) The Commission may invest in a manner that it considers appropriate funds of the Commission that it does not immediately require for the performace of its functions.

7. Section 16 of the principal Act is amended by the— (a) insertion of the following new subsection immediately after Amendment of section 16 subsection (2): (3) The Commission may appoint an external auditor to conduct a specified audit; and (b) re-numbering of subsection (3) as subsection (4). 166