GOVERNANCE SYSTEM IN ZAMBIA

DEFINITION
For the purpose of our study, we will define governance as, the way people are ruled, either with
or without their consent (to express willingness). It is the general political administration of the
government. Governance may also be referred to as the way public institutions manage public
business and resources.

Governance is seen through political, social and economic situations. Through its policies
(decisions on what to do or not to do), it influences the general way a country is run. It is either a
country is ruled in accordance with democratic principles or dictatorship. There are two types of
governance, and these are Good Governance and Bad Governance.

GOOD GOVERNANCE
Good governance means a government in authority has elements that add up to what most people
expect from those who rule over them. This means the government is legitimate, competent,
accountable, and respects human rights and the rule of law. Without good governance, progress is
difficult to achieve and impossible to guarantee. It has consent of the people ruled. Mostly, it is
practiced by a democratic government.

CHARACTERISTICS OF GOOD GOVERNANCE:

These are distinguishing features shown by governments that ensure that peace is maintained and
rights and freedoms of the people are not violated. The law is not used to favour only those in
leadership but all are treated equally. There are some outstanding characteristics of good
governance, and these include:

a) Transparency and Accountability: - transparency implies that the decisions taken on

behalf of those who are governed have to be made open, and in consultation with the
people, so that the led are aware of what is taking place. This encourages the free flow of
information regardless of its complexity. As information is given to those who are
governed, people can be made to understand and monitor how they are governed.
Accountability means that leaders should be answerable to the people. Any person who
misuses public funds should be taken to court and if proven guilty, be punished.
Governments and all public institutions must be transparent and accountable to the people
they lead.
b) Respect for the Rule of Law: - the government or those in power rule a country in
accordance with the constitution and other laws of a country. Laws are not bent or
undermined to fulfil the interests of those who are in power. Everyone is treated equally
before the law. The rule of law requires an independent, courageous and corrupt free
Judiciary. The laws must be enforced without favouring a certain group of people. Without
the rule of law, there will be Anarchy (confusion or disorder) in the society.

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c) Separation of Powers: - this is a principle that states that the three organs of government,
namely, the Legislature, the Executive and the Judiciary must work independently. They
have powers which are clearly separated. Each organ has defined roles and does not
interfere with one another in operations, but checks one another to ensure that they operate
within the laws of the country. In other words, they provide checks and balances. In this
way, power is balanced among the organs of government. For example, the Legislature can
impeach (to bring legal proceedings against) the President if he/she violates the
Constitution.
d) Independence of the Judiciary: - the Judiciary is vested with the responsibility of
interpreting and enforcing the laws. The Chief Justice and the Judges should be free from
interference by the Executive and the Legislature. Once appointed, they should not be
easily dismissed. They should work without fear or favour.
e) Existence of regular, free and fair elections: - an election is a process through which
people cast their votes to choose a leader of their choice. Elections must be held at agree
intervals. For example, 5 years in Zambia, 4 years in the United States of America. Every
citizen who has reached the voting age (18 years) should be allowed to register and vote.
This is known as Universal Suffrage (franchise) or the right to vote. Political parties must
have the freedom to inform the people about policies and programmes in their Manifestos.
This gives electorates (voters) a chance to vote for candidates based on what the candidates’
policies are.
f) Citizen Participation in decision making: - good governance allows the governed to
participate in decision making. All people take an active part in the affairs of their
community and country. Before new policies are implemented, those who are governed are
consulted. They are asked for their ideas, opinions and recommendations. This is possible
where there is freedom of association and speech. People are able to voice out their
dissatisfaction or disapproval of what they do not agree with. Good governance seeks
compromise and common understanding with those who are led.
g) Political Tolerance: - people with different political opinions must be able to freely
express themselves and their opinions should be respected. One should not be forced to
accept another person’s opinion. Political violence against people who support different
political parties should not be tolerated. This is because politicians rarely have similar
interests and goals. They can differ on how they want the government to be run. However,
regardless of the differences, national unity must always be recognised. This requires for
tolerance (to allow without interference).
h) Existence of Political Parties: - this promotes good governance by providing checks and
balances. Opposition political parties point out the shortcomings of a government in power.
They educate the people on their rights and obligations. They provide alternative
programmes through manifestos. They also facilitate peaceful transfer of power from one
political party to another. A political party is defined as a voluntary association of people
who share common values and wish to form government of a country.

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 i) Respect for Human Rights: - all forms of human rights are recognised, promoted and
protected. Some of these rights are: the right to vote and to be voted into power; the freedom
of assembly and association; the freedom of conscience and expression; right to security
and many more.
j) Responds to people’s needs and interests: - those in leadership are not there to serve only
themselves but serve the people they are leading. They should always respond to the
demands, needs and interests of those who are led. With proper training and well defined
standards of behaviour, public servants should run and provide services to suit the
convenience of those who use them.
k) Fairness: - governments should make sure that no one is excluded from access to any
public service for reasons of race, colour, creed, and mental or physical disability. No
region or constituency should be discriminated against by any government on grounds of
its political affiliation. Government workers should be recruited and promoted openly on
merit and they should carry out functions of government impartially. People should not be
appointed into public office on grounds of ethnicity or nepotism.
BAD GOVERNANCE

Bad governance means a government in authority has no elements that add up to what most people
expect from those who rule over them. This means the government is illegitimate, incompetent,
unaccountable, and does not respect human rights and the rule of law. It is governance by a
government which rules against the wishes of the majority. It does not have the consent of the
people ruled. Dictatorship is a form of bad governance. However, bad governance can also be
practiced by a democratically elected government.

CHARACTERISTICS OF BAD GOVERNANCE:

Bad governance is a direct opposite of good governance. It has got different characteristics which
all focus on denying the citizens their rights and freedoms. The following are some of the
characteristics:

i) Lack of transparency and accountability: - there is no transparency in the way

government business is carried out. The decisions taken by government are not open to
the citizens since there is no free flow of information.
ii) Disrespect for the Rule of Law: - laws are undermined to fulfil the interests of those
who are in power. Citizens are not treated equally because those in power feel they are
above the law and the law is for ordinary citizens. Some citizens are favoured at the
expense of others. Court decisions are not always respected.
iii) Lack of Separation of Powers: - power is not clearly separated. Each organ does not
have well defined roles and does interfere in another’s business, especially the
Executive interfering with the operations of the Judiciary and the Legislature. There
are no checks and balances.

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 iv) Lack of Independence of the Judiciary: - there is no fair trail, as the judiciary does
not operate independently. Leaders can interfere with court proceedings without being
punished by the law.
v) Irregular and unfair elections: - elections are not held regularly. When held, elections
are not free and fair. There is vote rigging. Leaders come into power through use of
force or manipulation of elections. Such leaders do not mind much about the concerns
of the people they lead, because they are in power not as legitimate representatives of
their people.
vi) Lack of Citizen Participation: - the government decides for the people. People
become servants instead of masters of the government. The government claims to know
what is good for the people. The people are rarely consulted and their concerns are
often ignored.
vii) Restriction of Political activities: - the political party in power restricts the activities
of the opposition parties, if they exist. Mostly, there is no freedom to form and operate
opposition political parties. People are restricted from associating freely and exercising
their freedom of speech. Bad leaders fear that people may assemble and protest against
their bad leadership.

viii) The Media is restricted: - media refers to organisations that spread news through
newspapers, television, radio, magazines or any other formal way. These are feared
because they make people are of the evils (bad things) done by their leaders. Such bad
things can include corruption and violation of human rights. Mostly, state-owned media
is negatively controlled by government, such that it is made to report favourably on
government policies even when the said policies are not good. Opposing or dissenting
views are not allowed in government-owned media.
ix) Violation of Human Rights: - there is no respect for human rights. The government
tends to deliberately violate people’s rights. This is always aimed at forcing people to
be loyal at all times. People who oppose government can be tortured and detained
without fair trial or can even be killed. The violation can also take the form of
segregating certain groups of people. Citizens always live in fear of being arrested or
killed by the government.
x) Lack of positive response to people’s needs and interests: - those in power are more
concerned with their personal interests. They do not care about people’s welfare. There
is corruption, nepotism and other forms of abuse of office.
ELECTORAL SYSTEMS

Electoral Systems are methods of choosing leaders or representatives. For instance, the way
citizens elect their political leaders. Electoral systems are about voting and the translation of votes
into legislative votes into legislative seats and executive leadership, which determines who
governs, how rulers govern and how citizens hold government accountable. The electoral systems
have been categorised into four (4) main systems. These are:
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 1. Single Member Plurality System (SMPS) or First Past the Post System (FPTP).
2. Single Member Majoritarian System (SMMS).
3. Proportional Representative System (PRS).
4. Mixed Member Proportionality System (MMPS).
1. FIRST PAST THE POST or SINGLE MEMBER PLURALITY SYSTEM (SMPS):
This is commonly referred to as winner takes all. The country is divided into constituencies
and wards. When elections are held, voters vote for individuals of their choice. Any
candidate who gets the highest number of votes wins the election, even with a difference of
one vote.
Advantages:
➢ It is relatively cheap.
➢ It is simple to understand and use.
➢ It allows voters to choose between people rather than just political parties.
➢ It retains the link between constituents and their members of parliament.
➢ It provides a clear-cut choice for voters between political parties and between
personalities.
➢ It provides a coherent parliamentary opposition which can present itself as a realistic
alternative to the government of the day.

Disadvantages:

➢ It may produce a minority government as most people may vote against the winning
candidates, especially where there were more than two contestants.
➢ Minority communities and historically or socially disadvantaged groups tend to be
under-represented.
➢ Party structures are mostly dominated by male so this affects the ability of women
to be elected to parliamentary office.
2. SINGLE MEMBER MAJORITARIAN SYSTEM (SMMS)
Under this system, a country is also divided into constituencies and wards, but the winner
must obtain an absolute majority (50%+1) of the votes cast. Where no candidate gets an
absolute majority, elections are held again for the top two winners. This is called an election
re-run (second ballot system). Zambia is currently using this system, in accordance with
the 2016 National Constitution.
Advantages:
➢ It is more democratic in that the winner is elected by the majority.
➢ It allows voters to choose between people rather than just political parties.
➢ It retains the link between constituents and their members of parliament.
➢ It provides a clear-cut choice for voters between political parties and between
personalities.

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 ➢ It provides a coherent parliamentary opposition which can present itself as a
realistic alternative to the government of the day.

Disadvantages:

➢ It is expensive in case of a re-run

➢ It may cause voter apathy (lack of motivation to vote), as voters whose candidates
do not qualify for a re-run may not vote.

3. PROPORTIONAL REPRESENTATION SYSTEM (PRS)

In this system, there is no delimitation (demarcating of boundaries) of constituencies and
wards. Voters vote for a political party of their choice and not for an individual candidate.
Parliamentary seats are shared among political parties, according to percentages obtained
in election. A party with the highest votes forms government. Members of Parliament are
not directly elected by the people, but are appointed/ nominated by their respective political
parties using a Party List System. This system is used in South Africa.
Advantages:
➢ The system facilitates a more representative Legislature.
➢ Where there is a social division, the inclusion of all significant groups in
parliament can be a near essential condition for democratic consolidation.
➢ It creates few wasted votes.

Disadvantages:

➢ Members of Parliament are not answerable to the electorate but rather to their
political parties.
➢ It tends to increase government instability
➢ It tends to produce more parties in legislature, in which it is less likely for one
political party to have a majority of seats. Bills for the ruling party could be
difficult to go through.
➢ It weakens the constituency-Representative link, because it fails to provide for the
relationship between constituencies and representatives.
4. MIXED MEMBER PROPORTIONALITY SYSTEM (MMPS)
It is a mixture of the First Past the Post (FPTP) and the Proportional Representation System
(PRS). This system allows some Members of Parliament to be elected using the First Past
the Post System while others are nominated using a Party List System.
Advantages:
➢ There is a strong link between Members of Parliament and their constituencies.
➢ The representation of various groups and parties is assured through the use of
Proportional Representation System.

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 ➢ There is accountability experienced over the Members of Parliament by the
constituency through the use of First Past the Post System.

➢ There is a greater sense of belonging under this system.

Disadvantages:

➢ It is less familiar and less known in Africa.

➢ It is too complicated for a common person to understand.
➢ The combination of both the constituency based and the party list based voting,
may cause unnecessary misunderstanding among political parties.

ELECTIONS

An election is a formal process, of selecting a person for public office, or of accepting or rejecting
a political proposition, by voting. It can also be defined as a formal group decision-making process
by which a population chooses an individual to hold public office. Elections have been the usual
mechanism by which modern representative democracy has operated since the 17th Century.
Elections are important because they:

➢
oblige candidates to explain to the citizens why they should be elected,
➢
make political parties accountable to the people,
➢
provide a mechanism of peaceful transfer of power,
➢
offer regular opportunities or people to change government, and ➢ provide the peace and
stability necessary for development
CHARACTERISTICS OF ELECTIONS IN GOOD GOVERNANCE

Elections must be:

1. PERIODIC: - Elections must be held when they are due. They must be held at regular
intervals. For example, every five years in Zambia; every four years in the United States of
America. Elected officials must return to the electorates at some point to seek their mandate to
continue office.
2. COMPETITIVE: - Elections must take place in a conducive political environment where
candidates can compete fairly and enjoy freedom of assembly, association and movement,
necessary to voice out their opinions openly so as to win the support of the people. No
candidate should have undue advantage over the other.
3. INCLUSIVE: - Elections must include everyone who is eligible either to stand as a candidate
or to vote in an election without any form of discrimination.
4. DICISIVE: - Elections determine who gets which elected position in government. Therefore,
the winning candidate or party should not be prevented from taking office.

ZAMBIA’S ELECTORAL SYSTEM

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The purpose of Zambia’s electoral system is to translate the will of people to decide on who should
be President, Members of Parliament, Mayors/Council Chairpersons and Councillors. The
electoral system in Zambia is twofold; majoritarian (for Presidents only) and simple majority or
first past the post (for the rest of the positions). This is in accordance with the 2016 National
Constitution. The Electoral Commission of Zambia (ECZ), though independent, is a government
institution mandated to conduct elections. The Electoral Commission of Zambia carries out the
Electoral Process.
ZAMBIA’S ELECTORAL PROCESS:

Elections are never a single day event. There are various processes with a five year electoral cycle
that integral are prior to the day of voting. This electoral process is provided under the Electoral
Act of 2006. These processes include:

➢ Delimitation – demarcating of boundaries for constituencies, wards/ polling districts in order

for voters to have better accessibility of polling stations.
➢ Registration of Voters – citizens who are eighteen years and above, with green National
Registration Cards, are allowed to register as voters.
➢ Verification of Voter’s Roll (register) – electorates are asked to check and make corrections,
if any, on their details in the voter’s roll.
➢ Nomination of candidates – different political parties present their candidates for filling the
nomination papers stipulating qualifications of the presented candidates. They publicly make
their intentions of standing for elections known. The nomination day marks the beginning of
the official election campaigns.
➢ Election Campaigns – this is a system which political parties use in order to convince the
electorate to vote for them. They do this through political rallies, indoor meetings, door to door
canvasing, use of posters, wearing of T-shirts with political messages and symbols.
➢ Polling day or Voting day – this is the day electorates or voters go to polling stations to vote
for their candidates of their choice.
➢ Counting, Tabulating and Verification of the Results – votes cast are counted and added to
come up with a total for each candidate. The Electoral Commission of Zambia through Town
Clerks or Council Secretaries check on the results to ensure that election results contain correct
figures and were a true reflection of the votes cast. The spoiled ballot papers are also verified.
➢ Announcement of results and declaration of winners – results for Local Government and
Parliamentary are announced by the Presiding Officers at the Constituency Totalling Centre,
while those for the Presidential are announced by the Electoral Commission Chairperson at the
National Totalling Centre. The one who declares the winning Candidate as President is the
Chief Justice.
➢ Resolving Election-related disputes and complaints – after the declaration of the winners of
the elections, the aggrieved candidates may petition the results through the Courts o Law. The
Constitutional Court is the one mandated with the responsibility of handling the disputes or
complaints.

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ELECTORAL CODE OF CONDUCT:

This is a set of rules and principles that regulates the conduct of all stakeholders before, during and
after elections. The stakeholders include the Electoral Commission of Zambia, Political Parties,
Media Institutions, Election Monitors, Election Agents, Zambia Police Services and other Law
Institutions.

All stakeholders should guarantee the rights and freedoms of the electorates and contestants, and
ensure free and fair elections. No form of intimidation, violence, bribery, vote buying, or
corruption is allowed. The Electoral Commission of Zambia has no authority to prosecute people
who violate the Code of Conduct. They can only be prosecuted by the Law enforcement institutions
such as the Zambia Police Service and Anti-Corruption Commission.

TYPES OF ELECTIONS:

There are three types of elections in Zambia. These are Primary, General, and By-elections (special
elections).

1. Primary Elections – these are held within a political party to determine which
candidate will represent that political party during the general elections. Any member
is free to apply.
2. General Elections – these are held to determine which political party’s candidate, or
independent candidate, will occupy each office that is up for election. They are held
every five years on the Second Thursday of August. This is in accordance with the
2016 National Constitution. The last time they were held in Zambia was on Thursday,
11th August, 2016. There are four positions that are voted for in these elections,
namely; President, Member of Parliament, Mayor/Council Chairperson and Ward
Councillor. A candidate can either be sponsored by a political party or stand as an
independent candidate.
3. By-Elections – these are held when either a President, Member of Parliament,
Mayor/Council Chairperson or Ward Councillor:
➢ dies
➢ resigns from his/her position
➢ is expelled from his/her political party
➢ is imprisoned for more than six months

LOCAL GOVERNMENT SYSTEM IN ZAMBIA

Before Zambia’s independence, the Local government was ruled by the British Colonial
Administration through the Central Government and Native Authorities. The Native Authorities
fell under the Ministry of Native Affairs. The Native Authorities consisted of Chiefs and other
Traditional Leaders. The duties performed by Native Authorities included:

➢ Collection of taxes
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 ➢ Issuing license for dogs, stores and bicycles
➢ Handling civil cases at Local Courts was done specifically by chiefs.

After 1964, the Ministry of Local Government became responsible for the administration of all
local authorities in the Country. Steps were taken to establish councils in rural areas, and most of
the inherited rural local authorities were based on traditional units of government, but they were
too small to be either administrative or financially viable. The new councils included chiefs
appointed by the Minister of Local Government. These councils provided a limited range of basic
essential services such as schools, libraries, markets and housing.

In 1965, a uniform pattern of local authorities throughout Zambia was established under the Local
Government Act number 69 and there were City, Municipal, Township and Rural Councils. All
councils in a province were under a Provincial Local Government Officer, while at district level,
a Local Government Officer was in-charge.

Then in 1980, the Local Government Decentralisation Act was enacted. The Act allowed UNIP to
take full responsibility to control the operations of all councils in Zambia. It was at this point when,
District Governors, appointed by the President, took over from the Mayors and Council
Chairpersons and all councils in the country became District Councils. Reasons for the 1980
Decentralisation were:

➢ To reduce delays, as most decisions could be made on the spot instead of referring to
headquarters.
➢ To make plans and programmes more relevant to local needs and conditions.
➢ To improve co-ordination between different government agencies in an area.
➢ To reduce the burden on senior staff at national level so as to improve their performance.

In 1991, the Decentralisation Act was amended. The new act introduced three types of local
councils, these were; City, Municipal and District Councils. The MMD government wanted to give
more powers to the councils so that there was less dependence on central government for funds.
This made the council to operate freely without interference from political parties. Town Clerks
and Mayors are found in City and Municipal Councils, while Council Secretaries and Council
Chairpersons are found in District Councils. This has continued to present, however, the position
of Mayor or Chairperson has now become elective.

FUNCTIONS OF LOCAL COUNCILS:

➢ Providing clean and safe water

➢ Providing accommodation and plots for development
➢ Providing recreation facilities such as swimming pools and parks
➢ Providing and maintaining street lighting
➢ Maintaining the environment
➢ Maintaining graveyards

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 ➢ Maintaining roads
➢ Town planning
➢ Wastes disposal
➢ Collecting levies
➢ Making by-laws
➢ Providing educational facilities such as schools
➢ Proving public health facilities and control of epidemics such as cholera
➢ Controlling livestock movement

➢ Constructing and maintaining markets

➢ Awarding trading licenses to people.

THE HOUSE OF CHIEFS:

The House of Chiefs is a forum through which Traditional Leaders (Chiefs) participate in
governance. There are 50 chiefs in the House of Chiefs. Each of the 10 provinces elects 5 chiefs
to represent them in the House. The term of office for these elected chiefs is five years. A member
can be re-elected for a second term of five years after which he/she is not allowed to re-elected for
a third term. The house elects the chairperson and vice-chairperson among the members. The
chairperson and the vice-chairperson take an oath of allegiance (loyalty) to the President. The clerk
of the house and other staffs carry out the administrative duties of the house. The functions of the
house of chiefs include:

➢ discussing bills affecting customs and traditions

➢ debating and passing decisions on matters concerning customary laws and customs
➢ allocating plots under customary law
➢ discussing and deciding on any matters passed to it by the President, then submit the
resolutions of the house of to the President who in turn submits them to the National Assembly

Among the problems faced by the house of chiefs is that it has no real influence on issues of
governance and development. It plays an insignificant advisory role, as its resolutions has to be
debated upon by the National Assembly. Chiefs are not allowed to join a political party like
Members of Parliament.

THE ROLE OF TRADITIONAL LEADERS IN GOVERNANCE

Traditional leaders are held in high esteem in Zambia. Their advice is listened to by the majority
of the people of Zambia. In other words, they are greatly respected. For this reason, they are able
to mobilise people to behave well and participate in developmental activities.

Since they are the custodians of culture, their major role is to preserve culture through their
activities and instructions. They encourage their people to uphold positive or good cultural

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practices and values. These include loyalty, love, kindness, fairness, justice and honesty. These are
important virtues in promoting good governance.

Traditional leaders initiate public discussions during village gatherings on matters that are related
to culture and development. Issues affecting the community are tackled. These include child
marriages, child sacrifice, forced marriages and general moral corruption. People are told about
the dangers of such negative vices.

Traditional leaders also control land in their communities. They help in allocating plots of land to
their people. They have to ensure that fairness prevails and that there are no causes of grudges
related to land issues in their communities.

Traditional leaders also help in settling disputes among their people. They do this through advising,
counselling and disapproving those who are in the wrong. Many of them are seen as fathers or
mothers to their communities. This brings them power and influence. It is this power which they
use to guide their people for positive change.

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