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Constitution of Zambia (Amendment) Act, 2025

Candidates for specified elected offices must file nomination papers with a returning officer, with an affidavit of qualification, according to Electoral Commission regulations. Article 58 is amen…

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“Candidates for specified elected offices must file nomination papers with a returning officer, with an affidavit of qualification, according to Electoral Commission regulations.”

Candidates for specified elected offices must file nomination papers with a returning officer, with an affidavit of qualification, according to Electoral Commission regulations. Article 58 is amended so that the number of constituencies must match the number of constituency-based seats in the National Assembly, as specified in Article 68(a). This section amends the Constitution by repealing Article 68 and replacing it with new text. This provision sets out the composition of the National Assembly. The Constitution is amended by repealing Article 71 and replacing it with new text.

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Article 52 of the Constitution is amended

Candidates for specified elected offices must file nomination papers with a returning officer, with an affidavit of qualification, according to Electoral Commission regulations.

Section 3

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Amendment 9Repeal 6Substitution 5
§ 3Article 52 of the Constitution is amendedSubstitution

Candidates for specified elected offices must file nomination papers with a returning officer, with an affidavit of qualification, according to Electoral Commission regulations.

3. Article 52 of the Constitution is amended — Amendment of Article 52 (a) by the deletion of clause (1) and the substitution therefor of the following: (1) A person who intends to be a candidate for election as President, Member of Parliament for a constituency-based seat, mayor, council chairperson, or councilor for a ward-based seat shall file that person’s nomination paper to a returning officer, supported by an affidavit stating that the person is qualified for nomination for election as President, Member of Parliament for a constituency-based seat, mayor, council chairperson, or councilor for a ward- based seat, in the manner, on the day, and at the time and place set by the Electoral Commission, by regulations.; (b) in clause (4), by the insertion of the words “and determine” immediately after the word “hear”; and (c) by the deletion of clause (6) and the substitution therefor of the following: Constitution of Zambia (Amendment) [No. 13 of 2025 179 (6) Where a candidate — (a) resigns after having been nominated in accordance with this Article, the candidate shall not be eligible to contest the election, and the election shall proceed to be held on the date prescribed for holding the election; (b) has been disqualified by a court, after close of nominations, the candidate shall not be eligible to contest the elections, and the election shall proceed to be held on the date prescribed for holding the election; or (c) sponsored by a political party dies before the date prescribed for the holding of an election, the Electoral Commission shall cancel the election, and call for the filing of a fresh nomination by the political party whose candidate died, and the election shall be held within thirty days of filing of the fresh nomination.
§ 4Article 58 of the Constitution is amended by the deletionSubstitution

Article 58 is amended so that the number of constituencies must match the number of constituency-based seats in the National Assembly, as specified in Article 68(a).

4. Article 58 of the Constitution is amended by the deletion of clause (2) and the substitution therefor of the following: Amendment of Article 58 (2) The number of constituencies shall be equal to the number of constituency-based seats in the National Assembly, as specified in Article 68 (a).
§ 5The Constitution is amended by the repeal of Article 68Repeal

This section amends the Constitution by repealing Article 68 and replacing it with new text.

5. The Constitution is amended by the repeal of Article 68 and the substitution therefor of the following:
§ 68(1) Subject to Article 82 (5), the National AssemblyRepeal

This provision sets out the composition of the National Assembly.

68. (1) Subject to Article 82 (5), the National Assembly shall consist of — Repeal and replacement of Article 68 Composition of National Assembly (a) two hundred and twenty-six Members of Parliament holding constituency-based seats; (b) forty Members of Parliament holding seats under the proportional representation electoral system in accordance with Article 47 (2) (b) as follows: (i) twenty women; 180 No. 13 of 2025] Constitution of Zambia (Amendment) (ii) fifteen youths; and (iii) five persons with disabilities; (c) not more than eleven nominated Members of Parliament; (d) the Vice-President; (e) the Speaker; and (f) the First and Second Deputy Speakers. (2) Notwithstanding clause (1) (c), the number of nominated Members of Parliament shall not exceed five percent of the Members of Parliament holding constituency- based seats.
Section 68Verify source
§ 6The Constitution is amended by the repeal of Article 71Repeal

The Constitution is amended by repealing Article 71 and replacing it with new text.

6. The Constitution is amended by the repeal of Article 71 and the substitution therefor of the following:
§ 71(1) A nomination for a candidate of a constituencyRepeal

A nomination is valid only if the required election fee is paid, and a constituency-based candidate also has support from at least 15 registered voters in that constituency.

71. (1) A nomination for a candidate of a constituency- based seat is valid if the candidate— (a) has paid a prescribed election fee to the Electoral Commission; and (b) is supported by at least fifteen persons registered as voters in the constituency in which the candidate is contesting for election. (2) A nomination for a seat under the proportional representation electoral system, referred to in Article 47 (2) (b) is valid if a prescribed election fee is paid to the Electoral Commission. Repeal and replacement of Article 71 Nominations for National Assembly election Amendment of Article 73
Section 71Verify source
§ 7Article 73 (2) of the Constitution is amended by the insertionAmendment

This section amends Article 73(2) by adding the words “and determined” after “heard”.

7. Article 73 (2) of the Constitution is amended by the insertion of the words “and determined” immediately after the word “heard”. Amendment of Article 81
§ 8Article 81 of the Constitution is amended by the deletionSubstitution

Article 81 is amended: clause (3) is deleted and replaced with a rule that Parliament dissolves 90 days before the next general election.

8. Article 81 of the Constitution is amended by the deletion of clause (3) and the substitution therefor of the following: (3) Parliament shall stand dissolved ninety days before the holding of the next general election but Members of Parliament shall be deemed to have served until a day before the next general election. Amendment of Article 103
§ 9Article 103 (2) of the Constitution is amended by theAmendment

Article 103(2) is amended by adding the words “and determine” after “hear”.

9. Article 103 (2) of the Constitution is amended by the insertion of the words “and determine” immediately after the word “hear”. Constitution of Zambia (Amendment) [No. 13 of 2025 181
§ 10Article 116 of the Constitution is amended by the insertionAmendment

The office of Minister becomes vacant 90 days before a general election, despite clause (3).

10. Article 116 of the Constitution is amended by the insertion of the following new clause immediately after clause (3): Amendment of Article 116 (4) Notwithstanding clause (3), the office of Minister shall become vacant ninety days before a general election.
Section 10Verify source
§ 11Article 117 of the Constitution is amended by theAmendment

The provision amends Article 117 so that the office of Provincial Minister becomes vacant 90 days before a general election.

11. Article 117 of the Constitution is amended by the— (a) insertion of the following new clause immediately after Amendment of Article 117 clause (2): (3) Notwithstanding clause (2), the office of Provincial Minister shall become vacant ninety days before a general election.; and (b) renumbering of clause (3) as clause (4).
Section 11Verify source
§ 12Article 149 (7) of the Constitution is amended by theAmendment

Article 149(7) is amended by inserting the word “electoral” before “boundaries”.

12. Article 149 (7) of the Constitution is amended by the insertion of the word “electoral” immediately before the word “boundaries”. Amendment of Article 149
Section 12Verify source
§ 13Article 153 of the Constitution is amendedRepeal

This section amends Article 153 to change the listed membership of a council and adds a rule that council members are treated as having served until the day before the next general election.

13. Article 153 of the Constitution is amended— (a) by the deletion of clause (2) and the substitution therefor of the following: (2) A council shall consist of the following members: Amendment of Article 153 (a) persons elected in accordance with clause (1); (b) a Member of Parliament from each constituency within the district; (c) a mayor or council chairperson elected in accordance with Article 154; and (d) not more than three chiefs representing chiefs in the district, elected by the chiefs in the district; (b) in clause (3), by the deletion of words “clause (2) (b)” and the substitution therefor of the words “clause (2) (d ) ”; (c) in clause (4), by the deletion of the words “excluding councilors specified under clause (2) (b),” and the substitution therefor of the words “ in accordance with clause (1)”; and (d) by the insertion of the following new clause immediately after clause (6): 182 No. 13 of 2025] Constitution of Zambia (Amendment) Repeal and replacement of Article 154 Mayor, deputy mayor, council chairperson and deputy chairperson (7) Notwithstanding clause (6), members of a council shall be deemed to have served until a day before the next general election.
Section 13Verify source
§ 14The Constitution is amended by the repeal of Article 154Repeal

This section amends the Constitution by repealing Article 154 and replacing it with new text.

14. The Constitution is amended by the repeal of Article 154 and the substitution therefor of the following:
Section 14Verify source
§ 154(1) There shall be a mayor and deputy mayor orAmendment

Each council must have a mayor and deputy, or a council chairperson and deputy. A person may be elected only if they meet the listed eligibility requirements.

154. (1) There shall be a mayor and deputy mayor or council chairperson and deputy council chairperson for every council, as prescribed. (2) A person is eligible to be elected as a mayor or council chairperson, if that person— (a) is a citizen; (b) is at least twenty-one years old; (c) is a registered voter; (d) has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent; and (e) declares that person’s assets and liabilities, as prescribed. (3) A mayor and council chairperson shall be elected directly, in accordance with Article 47 (4) during elections for councillors, as prescribed. (4) A deputy mayor and a deputy council chairperson shall be elected by the councillors from amongst themselves. Amendment of Article 159 Amendment of Article 176 Amendment of Article 178 Amendment of Article 179
Section 154Verify source
§ 15Article 159 (4) of the Constitution is amended by theAmendment

This provision amends Article 159(4) of the Constitution by adding the words “and determined” after “heard”.

15. Article 159 (4) of the Constitution is amended by the insertion of the words “and determined” immediately after the word “heard”.
Section 15Verify source
§ 16Article 176 (3) of the Constitution is amended by theSubstitution

This section amends Article 176(3) of the Constitution by replacing “ten” with “five” before “years”.

16. Article 176 (3) of the Constitution is amended by the deletion of the word “ten” and the substitution therefor of the word “five” immediately before the word “years”.
Section 16Verify source
§ 17Article 178 (1) of the Constitution is amended by theAmendment

Article 178(1) is amended by deleting paragraph (b) and renumbering paragraphs (c) and (d) as (b) and (c).

17. Article 178 (1) of the Constitution is amended by the— (a) deletion of paragraph (b); and (b) renumbering of paragraphs (c) and (d) as paragraphs (b) and (c), respectively.
Section 17Verify source
§ 18Article 179 (4) of the Constitution is amended by theAmendment

This section amends Article 179(4) of the Constitution by deleting paragraph (b) and renumbering paragraphs (c) and (d) as (b) and (c).

18. Article 179 (4) of the Constitution is amended by the— (a) deletion of paragraph (b); and Constitution of Zambia (Amendment) [No. 13 of 2025 183 (b) renumbering of paragraphs (c) and (d) as paragraphs (b) and (c), respectively.
Section 18Verify source
§ 19Article 266 of the Constitution is amended bySubstitution

This section amends the Constitution’s definitions and adds new definitions for certain election-related and age-related terms.

19. Article 266 of the Constitution is amended by — (a) the deletion of the definitions of “adult”, “by-election”, “child”, “election”, “general election” and “term” and the substitution therefor of the following in the appropriate places in alphabetical order: Amendment of Article 266 “adult” means a person who has attained the age of eighteen years; “child” means a person who is below the age of eighteen years; “election” means an election to the office of President, Member of Parliament, mayor, council chairperson or a councillor; “general election” means elections to the office of President, Member of Parliament, mayor, council chairperson or a councillor, when held on the same day; “term” means a period commencing when Parliament or a council first sits, after a general election, ending when Parliament is dissolved, except as is provided under Article 106; and “youth” means a person who has attained the age of eighteen years, but is below the age of thirty-five years; and (b) the insertion of the following new definitions in the appropriate places: “constituency-based seat” means a seat in the National Assembly that is held by a Member of Parliament elected under the first-past-the-post electoral system; and “ward-based seat” means a seat in a council that is held by a councilor elected under the first-past- the-post electoral system. 184
Section 19Verify source

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