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Electoral Commission of Zambia Notes
Electoral Commission of Zambia Notes
Electoral Commission of Zambia Notes
Establishment
The Commission is an independent and autonomous Electoral Management Body (EMB) established in
1996. Since its establishment, the Commission has delivered five (5) General Elections (in 1996, 2001,
2006, 2011 and 2016), two (2) Presidential Elections (in 2008 and 2015) and several National Assembly
and Local Government by-elections
Tolerance: Our staff members embrace tolerance of individual views and opinions and exercise flexibility
in the conduct of their duties.
Constitutional Mandate
The Electoral Commission of Zambia is an autonomous Constitutional body responsible for organising and
conducting elections in Zambia. Under Article 229 (2) of the Constitution, the Commission has the mandate
to carry out the following functions:
Statutory Mandate
The Electoral Process Act No. 35 of 2016 empowers the Commission in the following statutory functions to
perform:
1. To make regulations providing for the registration of voters and for the manner of conducting
elections;
2. To constitute conflict management committees and appoint conflict management officers for
purposes of resolving electoral disputes;
3. To administer and enforce the Electoral Process Act, and the Electoral Code of Conduct;
4. To correct mistakes committed by electoral officers in the tabulation of results within seven days of
the declaration of the results;
5. To disqualify a political party or candidate in breach of the Code;
6. To provide voter education.
Voter Education
The Electoral Process Act No. 35 of 2016 Section 80 states that the Commission shall provide Voter
Education for an election. The Commission is mandated to provide Voter Education and information that
will enable citizens to participate meaningfully in the Electoral Process.
Non partisanship
Non-partisanship entails that Voter Education provides information that doesn’t unduly favor any of the
candidates in elections. It is focused on providing the voter with electoral education and information in a
neutral manner.
Objectivity
Voter Education provides factual, impartial and unbiased information that doesn’t seek to interpret or make
decisions for the voter. The voter is provided with sufficient Voter Education and electoral information to
enable them make decisions on their own.
Transparency
Voter education and information should be readily available to the people regardless of sex, religion,
political affiliation, tribe, disability, etc. All Voter Education activities are conducted in a straight forward,
clear and open manner.
The following are the functions of the National Voter Education Committee (NVEC)
The District Voter Education Committee (DVEC) comprises of individuals from Civil Society Organisations,
Faith Based Organizations, Government Ministries and Institutions to be determined by the Commission.
The District Voter Education Committee members are appointed by the District Electoral Officer on behalf
of the Commission. The total number of DVEC members does not exceed ten (10).
The following are the functions of the District Voter Education Committee (DVEC))
These are individuals who are recruited by the Commission to conduct training of District Voter Education
Committee (DVEC) members and Voter Education Facilitators (VEFs) at district level.
- Assist the DVEC with the recruitment of VEFs to ensure that only qualified citizens are recruited
- Arrange for the training of DVEC members and VEFs in the district of deployment
- Ensure timely availability of suitable training venues and materials
4. Voter Education Facilitators (VEFs)
Voter Education Facilitators (VEFs) have the task of delivering Voter Education to citizens. Their duties are
to;
- Mobilize community members in the targeted ward (s) to attend Voter Education meetings
- Plan and prepare for Voter Education activities
- Organize and conduct Voter Education activities
- Report on activities implemented
- Ensure priority groups have access to Voter Education
The Electoral Commission of Zambia established the voter education school club in order to work with the
school system to enlighten learners on electoral matters and create awareness of their responsibility in the
electoral process.
- To use learners as a channel to reach the wider Zambian community with Voter Education
- To instill a culture of integrity and patriotism into learners
- To disseminate Voter Education messages in schools and involve learners in the fight against
electoral malpractices
- To enable teachers and learners understand the electoral process
- Replacement of a voter’s card, that is, if lost defaced or destroyed. A police report is required
to replace a voter’s card. There is no fee for the police report;
- Correction of personal details on the voter’s card;
- Transfer of a voter who has changed locality to a new registration centre; and
Compiled By A Kalenga 26th August 2020
- Removal of deceased persons from the voters’ register on the confirmed advice of a friend or
relative with the necessary documentation proving the death.
Voting Day
Voting day refers to a day when voters elect a President, Members of Parliament, Mayors/Council
Chairperson and Councilors. It also refers to a day when a By-election is held.
Requirements to vote
A person can only vote at a polling station which is written on his/her voter’s card. A polling station is a
place where voters go to cast their vote during an election.
This is a document that is issued by a Returning Officer to a person who is unable to vote at the polling
station at which they are entitled to vote because they are employed by the Commission to conduct
elections at another polling station. The Returning Officer should verify the Officers’ details using the
Voter’s Card and green National Registration Card. The person should present to the Presiding Officer their
green National Registration Card and Voter’s Card in addition to the certificate when applying for a ballot
paper.
Before the ballot paper is issued to the voter, the certificate must be surrendered to the Presiding Officer
who must attach it to the marked copy of the register of voters. It is highly recommended that where
Streams
In polling stations with a large number of voters, the polling stations are divided into two (2) or more
voting streams with voters arranged in alphabetical order. At the entrance to the polling station there is
an usher to direct voters to the right queue and room and also a large placard providing details of the
streams. Possible, officers are deployed at polling stations where they are registered to vote
Assistance to vote
Persons with disabilities or any other person who requires assistance to vote may be assisted by a friend,
a relative or Presiding Officer. A person offering assistance other than the Presiding Officer must be
eighteen (18) years and above and in possession of a Green National Registration Card.
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Voting Procedures
The following is the procedure for voting on poll day;
- Verification of voter’s identity (voter’s card, Green NRC and register of voters
- Marking of thumb nail with indelible ink and issuance of stamped Presidential ballot papers,
- Issuance of stamped Mayoral/Council Chairperson, National Assembly and Councilor ballot
papers
- Marking a ballot paper in a polling booth
- Casting a ballot in the ballot box (sample of a picture, one casting a ballot)
Ballot Paper
It is a paper on which a voter marks his/her preference for a candidate or political party contesting for
election.
Ballot boxes
Before voting starts ballot boxes are sealed with numbered plastic seals in the presence of party agents
and accredited monitors and observers.
Canvasing for votes within a radius of 400 meters of a polling station during polling day.
Putting up a political notice or sign within a radius of 100 meters of a polling station during
polling day.
Applying to vote twice
Coming with a ballot paper into a polling station.
Tearing up, deface or destroy a ballot paper or to leave a polling station with a ballot paper.
Removing anything from a ballot box before the time of the count or to damage a ballot box.
Loitering or refusing to leave a polling station after being directed to do so by the Presiding
Officer.
Attempting or persuading the Returning Officer/Presiding Officer to make a false count or
declaration of results.
Attempting to vote in another person’s name, for example voting for someone who is sick or
dead
Putting or attempting to put into a ballot box anything other than a ballot papers
Vote Counting
This is a process of allocating and adding up the votes cast for each candidate in an election. It is done
immediately after the close of the polling station. At the polling station, votes for each stream are counted
separately. The Presiding Officer/Assistant Presiding Officer and Polling Assistants count the votes in the
presence of accredited political party agents, monitors and observers. No person that is not accredited is
allowed to witness the counting in the polling station.;
The Presiding Officer/Assistant Presiding Officer records the number of votes for each candidate for that
polling station/stream. The accredited political party agents, monitors and observers are expected to
confirm that the votes have been counted correctly by signing on the results form. Copies of the signed
results form are then given to each accredited person present in the polling station.
Note: Candidates are allowed to have two polling agents to monitor elections in voting streams but one
polling agent is allowed inside the polling stream at a given time.
Referendum
This is a process that allows citizens to approve or reject a law to be passed by the legislature. In a
Referendum Voters are given the opportunity to directly decide through a vote on a particular subject
matter. All eligible citizens have the right to either accept or reject a question posed. A voter is expected
to choose Yes or No on the question given. This may be regarding a new constitution, a constitutional
amendment or a proposed law.
Election Petitions
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This is the procedure to challenge the validity of an election when it is alleged that there was breach of
the law. A petition is made to the court of law outlining the grounds on which the election petition is
founded. In the Zambian legal system Petition grounds are set out in the Constitution of Zambia and
Electoral Process Act.
Level of Jurisdiction
Presidential elections
Disputes are taken before the Constitutional court within Seven (7) days from the date on which the
results of the election (first and second poll) are declared. The petition shall be heard within fourteen (14)
days of the filing of the petition.
Disputes arising from National Assembly Elections shall be filed in the High Court and heard within ninety
(90) days of filling of the petition.
Disputes arising from Local Government Elections for Mayors/Council Chairpersons and Councilors shall
be filed before a Local Government Elections Tribunal and heard within thirty (30) days of filing of the
petition.
Referendum Petition
A Referendum petition is the procedure of challenging the validity of the referendum when it is alleged
that there was breach of the law. A petition is made to the High Court outlining the grounds on which the
petition is founded within twenty one (21) days. A referendum petition may be presented by any person
who voted or is eligible to vote in the referendum.