ELECTIONS IN THE AMENDED CONSTITUTION

Presented by

Eric M. KamwiCommission Secretary

ELECTORAL COMMISSION OF ZAMBIA

1. INTRODUCTIONConstitution of Zambia (Amendment)

Act no. 2 of 2016.

Amends the 1991 Constitution which ushered in the 3rd Republic.

Introduces new provisions on Presidential, National Assembly and Local Government Elections.

2. PRESIDENTIAL ELECTION50% + 1 (First and Second Ballot)

Running Mate.

Qualifications.

2.1. 50% + 1 (Articles 47, 102)

President elected if;

Obtains 50% + 1 of valid votes cast.

Top two go to second ballot if the threshold not attained at first ballot.

2.2 Qualifications (Article 100) Citizen by birth or descent (not dual citizen). Ordinarily resident in Zambia. 35 Years. Registered Voter. Grade 12 Certificate or equivalent Fluent in English. Paid personal taxes with ZRA.| Declares assets and liabilities. Pays nomination fee. Supported by 100 voters from each province. Supporters to be processed at provincial centres, 7

days before nominations.

2.3 RUNNING MATE (Article 110)

Presidential candidate to appoint a running mate who becomes Vice President should the candidate win.

Qualification (and disqualifications) applying to a Presidential candidate apply to the running mate.

A Vote cast for Presidential candidate is a vote cast for the running mate.

Means running mate is also a candidate.

3. NATIONAL ASSEMBLYQualifications (Article 70:

Citizen.21 Years.Registered Voter.Grade 12 Certificate or Equivalent.Declares Assets and Liabilities.Paid Nomination fee supported by 15

supporters.

4. MAYORS & COUNCIL CHAIRPERSONS

4.1 General ProvisionsTo be elected directly by voters in the District.Term of 5 Years.Constitution silent on their qualifications.Electoral Act will specify their qualifications.ECZ proposes that the qualifications for

Mayors/Council Chairpersons be the same as for Members of Parliament (This needs to be discussed).

4.2 Proposed Qualifications for Mayors/Chairpersons

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 attained a minimum academic

qualification, a grade twelve certificate or its equivalent; and

(e) Declares that person’s assets and Liabilities.

5. COUNCILLORSQualifications:Citizen/holder of a resident Permit/resident in

the district.Paid Council taxes.Grade 12 Certificate or equivalent.19 years and above.Not a Member of Parliament (MP).

6. NOMINATIONS

Presidential, National Assembly and Local Government elections

All candidates to file;

1. Nomination papers, 2. Affidavit.

Affidavit different for each election based on Qualifications;

6. NOMINATIONSThe following documents (copies) to be attached to the Affidavit:

(i) NRC,(ii) Voter’s Card(iii) Grade 12 Certificate or equivalent(iv) Tax Clearance(v)Declaration of Assets and Liabilities.

Both Presidential Candidate and Running Mate to File Nomination Papers and Affidavit

Candidates to validate their Grade 12 Certificates/(equivalent) with the Examinations Council of Zambia (ECZ).

7. DISPUTE SETTLEMENT(a) Constitutional Court

Decide Presidential election disputes. (i) at Nominations, (ii) first ballot, (iii) second ballot

Makes Final Decisions

(b) High Court Decide National Assembly election

disputes; (i) at Nominations; and

7. DISPUTE SETTLEMENT(ii) after the poll. Appeal to Constitutional Court.

(c) Local Government Election Tribunals

Decide Local Government election Disputes;

(i) at Nominations,(ii) after the polls, Appeal to Constitutional Court.

8. MEDIA Political Party and candidate shall have access to Media (Article 50).

9. RETURNING OFFICER

ECZ Chairperson

Announce, andDeclare Results.

Thank You!!!