Zambia Statutory instrument

Zambia legislation

Electoral Process (Code of Conduct) (Enforcement) Regulations, 2016

These Regulations may be cited by the stated title. This provision says the words and expressions in these Regulations have the meanings given in the Act, unless the context requires otherwise. A…

complaints handlingcomplaints referralelectoral complianceinternal review processregulatory escalation

Jurisdiction: Zambia
Structure: 8 provisions
Citation: SI 62 of 2016
Dates: Source version 12 Aug 2016

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Dates: Source version 12 Aug 2016

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Purpose and legislative effect

“These Regulations may be cited by the stated title.”

These Regulations may be cited by the stated title. This provision says the words and expressions in these Regulations have the meanings given in the Act, unless the context requires otherwise. A person who witnesses or alleges a breach of the Code must notify the Commission in writing, and the Commission may notice breaches on its own motion. The Commission must refer a complaint or allegation of breach of the Code to the district conflict management committee within 48 hours of receiving it. A district conflict management committee must notify the complainant and the complained-against party, attach the written complaint, hear the matter within 24 hours, decide by consensus or majority vote if needed, and then recommend on the matter to the National Conflict Management Committee.

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Title

These Regulations may be cited by the stated title.

Section 1

Notification of breach of Code

A person who witnesses or alleges a breach of the Code must notify the Commission in writing, and the Commission may notice breaches on its own motion.

Section 3

Determination of complaint by district conflict management

A district conflict management committee must notify the complainant and the complained-against party, attach the written complaint, hear the matter within 24 hours, decide by consensus or majority vote if needed, and then recommend on the matter to the…

Section 5

Review of decision by National Conflict Management

The National Conflict Management Committee may adopt a district committee recommendation if it thinks necessary, and after reviewing a district committee decision it must send recommendations to the Commission within 48 hours.

Section 6

Disqualification of candidate or political party

If the Commission finds a candidate or political party has breached the Code, it must disqualify them from participating in the relevant election area.

Section 8

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Source record from zambialii.org · Source version 12 Aug 2016

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Showing 8 of 8 provisions

Provision 7Interpretation

§ 1TitleProvision

These Regulations may be cited by the stated title.

1. These Regulations may be cited as the Electoral Process Title (Code of Conduct) (Enforcement) Regulations, 2016.

Section 1Verify source

§ 23. Notification of breach of CodeInterpretation

This provision says the words and expressions in these Regulations have the meanings given in the Act, unless the context requires otherwise.

2. In these Regulations, unless the context otherwise requires, words and expressions have the meaning assigned to them in the Act. Interpretation

Section 2Verify source

§ 3Notification of breach of CodeProvision

A person who witnesses or alleges a breach of the Code must notify the Commission in writing, and the Commission may notice breaches on its own motion.

3. (1) A person who witnesses a breach of the Code or alleges that a candidate or political party has breached the Code shall notify the Commission of the breach of the Code, in writing. Notification of breach of Code (2) The Commission may, on its own motion, take notice of any breach of the Code.

Section 3Verify source

§ 4Referral of complaint or allegationProvision

The Commission must refer a complaint or allegation of breach of the Code to the district conflict management committee within 48 hours of receiving it.

4. The Commission shall, within forty-eight hours of receipt of a complaint or allegation of breach of the Code, refer the complaint or allegation to the district conflict management committee in the area in which the breach occurs for determination.

Section 4Verify source

§ 5Determination of complaint by district conflict managementProvision

5. (1) A district conflict management committee shall— (a) upon receipt of a complaint, issue a notice of hearing to the candidate or political party complained against and to the complainant, specifying the date, time and venue of the hearing; (b) attach the written complaint or allegation to the notice issued to the candidate or political party under paragraph (a); and (c) hear the complaint or allegation within twenty-four hours of the receipt of the complaint or allegation. (2) The determination of a matter before a district conflict management committee shall be by consensus and in the absence of that consensus, according to the votes of the majority of the members present and considering the matter. (3) A district conflict management committee shall, at the conclusion of a hearing, evaluate the facts and make recommendations on the matter to the National Conflict Management Committee.

Section 5Verify source

§ 6Review of decision by National Conflict ManagementProvision

6. (1) The National Conflict Management Committee may, where it considers it necessary, adopt a recommendation made by the district conflict management committee. Referral of complaint or allegation Determination of complaint by district conflict management committee Review of decision by National Conflict Management Committee 650 Statutory Instruments 12th August, 2016 (2) The National Conflict Management Committee shall, after review of the decision of a district conflict management committee, make recommendations on the matter to the Commission within forty-eight hours of the review. Decision by Commission

Section 6Verify source

§ 7Decision by CommissionProvision

The Commission must hear a complaint within 72 hours after receiving the recommendation from the National Conflict Management Committee, and it must let the parties be heard. It may also adopt, modify, or vary the Committee’s recommendation.

7. (1) The Commission shall hear a complaint within seventy- two hours of the receipt of the recommendation on the complaint of the National Conflict Management Committee. (2) The Commission shall afford the parties to the complaint an opportunity to be heard on the recommendations submitted by the National Conflict Management Committee. (3) The Commission may adopt, modify or vary the recommendation made by the National Conflict Management Committee. Dis- qualification of candidate or political party

Section 7Verify source

§ 8Disqualification of candidate or political partyProvision

If the Commission finds a candidate or political party has breached the Code, it must disqualify them from participating in the relevant election area.

8. The Commission shall, where it finds a candidate or political party in breach of the Code, disqualify the candidate or political party from participating as a candidate or political party in an election in the district, constituency or ward concerned. Made by the Electoral Commission of Zambia this 9th day of August, 2016. JUSTICE E. E. CHULU, Chairperson JUSTICE C. S. MUSHABATI, Member DR. F. NG’ANDU, Member DR. E. J. SIKAZWE, Member D. MATONGO, Member LUSAKA [EC.101/5/2]

Section 8Verify source

Legislative relationships

3 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

Code A person who witnesses or alleges a breach of the Code
Section 3
Code This provision says the words and expressions in these Regulations
Section 2
Conduct) (Enforcement) Regulations, 2016
Section 1

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12 Aug 2016 · currentEnglish

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