The Electoral Process Act No. 35, 2016.pmd
Electoral Process [No. 35 of 2016 705

THE ELECTORAL PROCESS ACT, 2016

ARRANGEMNET OF SECTIONS
PART I

PRELIMINARY
Section

1. Short title
2. Interpretation
3. Principles of electoral system and process
4. Administration, enforcement and prosecution
5. Delegation of powers and duties by Commission
6. Delegation of powers and duties by Chief Electoral

Officer

PART II
REGISTRATION OF VOTERS AND REGISTER

7. Continuous voter registration
8. Qualification for registration as voters
9. Disqualification from registration as voter

10. De-registration of Voter
11. Notification by registration officer
12. Suspension of registration of voters
13. Provisional Register of Voters
14. Register of voters
15. Application to change registration details
16. Amendments to Register of Voters
17. Objections concerning details in provisional register of

voters
18. Publication of register of Voters
19. Inspection of register of Voters
20. Cut off dates for registration of Voters and Register of

Voters

PART III
POLLING DISTRICTS AND BOUNDARIES

21. Establishment of polling districts
22. Criteria for determining polling district boundaries
23. Inspection and copies of maps of polling district
24. Establishment of polling station
25. Division of area of councils into wards
26. 26. Election in newly created Council
27. Relocation of polling station in emergencies

Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K144.00 each.

PART IV
NOMINATION FOR ELECTIONS

28. Election timetable
29. Electoral campaign
30. Nomination of Presidential and Vice-Presidential candidates
31. Nomination for election in constituency
32. Conduct of local government elections
33. Nomination of candidates in district or ward
34. Restriction on nomination papers
35. Appointment of election agents and polling agents
36. Powers and duties of election or polling agents

PART V
ELECTION OFFICER

37. Appointment of presiding officer
38. Powers and duties of presiding officer
39. Appointment of polling assistant
40. Powers and duties of polling assistant
41. Appointment of additional persons as election officers
42. General provisions concerning appointment of election

officer
43. Immunity of election officer

PART VI
VOTING

44. Qualifications for voting
45. Identification of voter
46. One vote and secrecy
47. Disqualification from voting
48. Special vote
49. Election officers at polling stations
50. Hours of voting
51. Ballot paper
52. Design of ballot paper
53. Ballot boxes
54. Voting compartments
55. Conduct of general election
56. Postponement of voting at polling station
57. Postponement of by-election
58. Voting materials
59. Initial procedures
60. Voting procedure
61. Assistance to voters with disabilities
62. Issuance of new ballot paper

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63. Spoilt ballot papers
64. Objections concerning voting
65. Sealing of full ballot boxes
66. Completion of ballot paper account form and sealing of

voting materials
67. Place and time of counting of votes
68. Counting of votes and announcement of provisional results
69. Objections concerning sorting of ballot papers
70. Objections concerning counting of votes and announcement

of provisional result
71. Procedure concerning provisional results and voting

materials
72. Announcement and declaration of results by returning

officer
73. Announcement and declaration of results in Presidential

election
74. Electronic transmission of results
75. Re-voting at polling station
76. Correction of mistakes

PART VII
OBSERVERS, MONITORS AND VOTER EDUCATION

77. Accreditation of observers and monitors
78. Powers and duties of accredited observers and monitors
79. Provision of voter education generally
80. Voter education

PART VII
CORRUPT AND ILLEGAL PRACTICES AND OTHER ELECTION OFFENCES
81. Bribery
82. Impersonation
83. Undue influence
84. Illegal practice of publishing false statements in respect of

candidates
85. Illegal practice in respect of nomination of candidates
86. Illegal practices in respect of public meetings
87. Illegal practices relating to the poll
88. Penalty for illegal practices
89. Other election offences
90. Property in certain election material
91. Secrecy and penalty for breach of secrecy
92. Offences by election officers
93. Offences by printers and publishers
94. Obstruction of officer
95. Attempts to commit offence

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PART IX
ELECTION PETITIONS

96. Application to members and officers of Parliament
97. Avoidance of election
98. Presentation of election petition
99. Relief which may be claimed in election petition
100. Form and procedure for presentation of election petition
101. Duty of Registrar and designated person to make out list

of election petition
102. Rules of practice and procedure, security for costs etc
103. Withdrawal of election petition
104. Substitution of new petitioners
105. Abatement of election petition
106. Trial of election petitions
107. Witnesses
108. Conclusion of trial of election petition
109. Costs

PART X
GENERAL PROVISIONS

110. Code of conduct
111. Appeal against decision of registration officer
112. Powers to decide objections and appeals
113. Constitution of conflict management committees
114. Printing, manufacture, use, removal etc., of election

materials
115. Ownership of voting and election material and disposal
116. Effect of certain irregularities
117. Inspection and copying of documents
118. When incapacity may be removed
119. Person not required to state how person voted
120. Evidence as to holding of election
121. Validation of certain documents
122. Powers of officer
123. Power of arrest
124. General penalty
125. Regulations
126. Repeal of Act No. 12 of 2006
SCHEDULE

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An Act to provide for a comprehensive process for a general
election; provide for the conduct of elections by the
Electoral Commission of Zambia and empower the
Commission to make regulations in matters relating to
elections; provide for the registration of voters and the
keeping of voters registers; prescribe the procedures for
nominations for elections; provide for the role of presiding
officers, election officers and conflict management officers;
prescribe the procedure for voting during an election;
provide for the accreditation and roles of observers and
monitors; criminalise corrupt practices and other illegal
practices related to elections and provide for penalties in
connection with an election; provide for election petitions
and the hearing and determination of applications relating
to a general election; provide for voter education;
prescribe the electoral code of conduct; repeal and replace
the Electoral Act, 2006; and provide for matters connected
with, or incidental to, the foregoing.

[7th June, 2016

ENACTED by the Parliament of Zambia.

PART I
PRELIMINARY PROVISIONS

1. This Act may be cited as the Electoral Process Act, 2016.

2. In this Act, unless the context otherwise requires—
“area” has the meaning assigned to it in section two of the

Local Government Act;

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Enactment

Short title

Interpretation

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GOVERNMENT OF ZAMBIA

ACT
No. 35 of 2016

Date of Assent: 6th June, 2016

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“ballot box” means a box prescribed by the Commission for
the purpose of an election;

“ballot paper” means the document prescribed by the
Commission in respect of an election;

“ballot paper account” means a document prescribed by the
Commission for purposes of recording the ballot papers
issued to a returning officer and completed by a presiding
officer at the close of a poll;

“by-election” has the meaning assigned to it in the Constitution;
“campaign material” means party or candidate manifestos,

advertisements, billboards, posters, tshirts, cloth or other
material depicting colours regarding symbols, and other
designs of a party or pictural images of a candidate;

“campaign period” means a period of three months before
the holding of an election;

“candidate” means a person contesting a presidential,
parliamentary or local government election;

“caricature” means the exaggerated imitation of a cartoon,
effigy, picture, drawing or sketch of a person or literary
style for comic or satirical effect;

“casual vacancy” means a vacancy in the office of councillor
as specified in the Local Government Act;

“Chief Electoral Officer” has the meaning assigned to it in
the Electoral Commission of Zambia Act, 2016;

“Code” means the Electoral Code of Conduct set out in the
Schedule;

“Commission” means the Electoral Commission of Zambia
established by the Constitution;

“conflict management officer” means an officer appointed
as a conflict management officer in accordance with
section one hundred and thirteen;

“constituency” has the meaning assigned to it in the
Constitution;

“Constitutional Court” has the meaning assigned to it in the
Constitution;

“corrupt practice” means any conduct which is declared to
be a corrupt practice in accordance with section eighty-
one;

“costs”includes charges and expenses;
“council”has the meaning assigned to it in the Constitution;

Cap. 281

Act No. 25
of 2016

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“council chairperson” has the meaning assigned to it in the
Constitution;

“councillor” has the meaning assigned to it in the Constitution;
“designated person” means a person or officer appointed by

the Chief Justice for the purpose of receiving election
petitions filed before a tribunal and attending to such other
matters regarding petitions before a tribunal as are assigned
to the Registrar under this Act;

“election” has the meaning assigned to it in the Constitution;
“election agent” means a person appointed as an agent of a

candidate for the purpose of an election and who is specified
in the candidate’s nomination paper;

“election officer” means a person appointed by the
Commission as—

(a) a registration officer;
(b) an assistant registration officer;
(c) a district electoral officer;
(d) a returning officer;
(e) a presiding officer;
(f) an assistant presiding officer; or
(g) a polling assistant;

and includes a person appointed to assist the Chief Electoral
Officer in the performance of the functions of the Chief
Electoral Officer as specified in this Act;

“election petition” means an election petition related to a
presidential, parliamentary or local government election as
specified in the Constitution;

“election timetable” means a timetable for an election
published by the Commission in accordance with section
twenty-eight;

“employee” has the meaning assigned to it in section two of
the Local Government Act;

“general election” has the meaning assigned to it in the
Constitution;

“illegal practice” means an offence which is declared under
this Act to be an illegal practice;

“interim period” means the period commencing at the
commencement of this Act and expiring on such date as
the President may prescribe by statutory order;

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“media” includes publicly or privately operated print and
electronic media;

“Member of Parliament” has the meaning assigned to it in
the Constitution;

“monitor”means a person accredited as such by the
Commission;

“national registration card” means a national registration card
issued under and in terms of the National Registration Act;

“national registration number”means the serial number inserted
on a national registration card issued in accordance with
the National Registration Act;

“nomination day” means the day appointed by the Commission
as the day on which a candidate files that candidate’s
nomination paper with the Commission;

“nomination centre” means a place prescribed by the
Commission as a nominating office;

“nomination paper” means a document prescribed by the
Commission for the purpose of a candidate registering that
candidate’s intention to contest an election under this Act;

“observer” means a person accredited as such by the
Commission;

“petitioner” in relation to an election petition, means a person
who signs and presents an election petition under section
ninety-eight, and includes a person substituted for a
petitioner;

“political party” has the meaning assigned to it in the
Constitution;

“polling agent” means an agent appointed by a candidate in
respect of a polling station;

“polling assistant” means a person appointed as polling assistant
by the Commission;

“polling day” means—
(a) in relation to a general election, the day specified in

accordance with the Constitution for the taking of
the poll in a general election; and

(b) in relation to a by-election, a day appointed by the
Commission for the taking of the poll in a by-
election;

“polling district” means a district established by the
Commission as a polling district under section twenty-one;

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“polling station” means a place established as a polling station
by the Commission under section twenty-four;

“public officer” has the meaning assigned to it in the
Constitution;

“presidential election” has the meaning assigned to it in the
Constitution;

“presiding officer” means a person appointed as a presiding
officer by the Commission under section thirty-seven;

“Register of Voters” means the Register of Voters prepared
and certified by the Commission under section fourteen;

“registration officer” means a person appointed as a
registration officer by the Commission;

“Registrar” means the Chief Registrar of the High Court,
and includes the Deputy Registrar, District Registrar and
Assistant Registrar;

“respondent” means a person against whom an election
petition is filed in accordance with section ninety-eight;

“Returning Officer” has the meaning assigned to it in the
Constitution;

“returning officer” has the meaning assigned to it in the
Constitution;

“traditional leader” means a paramount chief, senior chief,
chief or village headman;

“tribunal” means a local government elections tribunal
established in accordance with Article 159 of the
Constitution;

“voter” means a person who is registered as a voter and
whose name appears in the Register of Voters;

“voter’s card” means a voter’s card prescribed and issued
by the Commission; and

“ward” means any of the divisions into which a council area
is divided under section twenty-five.

3. Subject to the Constitution, the principles applied in the
electoral system and process shall ensure the following:

(a) equal and universal suffrage;
(b) no discrimination based on gender or disability when

providing electoral services;
(c) transparent and credible electoral process;

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Principles of
electoral
system and
process

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(d) no special privileges accorded to a political party or social
group, except for persons with special needs;

(e) no impediments to lawful inclusion in the electoral register;
(f)impartial voter-education programmes;
(g) access to polling stations for representatives of political

parties, accredited local or international election monitors,
observers and the media;

(h) secrecy of the vote;
(i) design of the ballot paper that promotes easy use;
(j)transparent and secure ballot boxes;
(k) impartial assistance to voters at the polling station;
(l) transparent, accurate and reliable vote counting procedure;
(m) proper management of invalid ballot papers;
(n) precautionary measures for transporting of election

materials;
(o) impartial protection of polling stations;
(p) established procedures for lodging and dealing with

complaints;
(q) impartial handling of election complaints;
(r) impartial delimitation of electoral boundaries; and
(s) timely resolution of electoral disputes.

4. (1) This Act shall be administered and enforced by the
Commission and the Commission shall not be subject to the direction
or control of any person or authority in the exercise of its functions
under the Constitution and this Act.

(2) The Commission shall, in order to ensure compliance with
the provisions of this Act, appoint such number of officers as it
may consider necessary for purposes of this Act.

(3) An officer appointed pursuant to subsection (2) shall be
provided with a letter of appointment which shall be prima facie
evidence of that person’s appointment.

(4) An officer shall, on demand by a person affected by the
exercise of the powers of that officer under this Act, produce for
inspection the letter referred to in subsection (3).

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Administration,
enforcement
and
prosecution

(5) The Anti-Corruption Commission shall investigate and
prosecute any corrupt practice committed under this Act in
accordance with the Anti-Corruption Act, 2012.

(6) The Zambia Police Service shall enforce law and order at
polling stations and undertake any criminal proceedings, subject to
subsection (2), in respect of an offence committed by any person
in contravention of this Act.

5. (1) The Commission may—
(a) delegate any of its powers under this Act to a member,

employee or officer of the Commission excluding the
power to prescribe anything under this Act or make an
appointment under this Act or any other written law;
and

(b) instruct a member, employee or officer of the Commission
to perform any of its duties under this Act or any other
written law.

(2) A delegation or instruction made under subsection (1)—
(a) shall be subject to any limitations and conditions that the

Commission may impose; and
(b) does not prevent the Commission from exercising or

performing the assigned power or duty.
(3) The Commission may, by statutory order, confer powers

or impose duties on an officer or authority of the Government or
council for the purpose of discharging its functions under this Act.

6. (1) The Chief Electoral Officer may—
(a) delegate any of the powers of the Chief Electoral Officer

under this Act or any other law to an employee or officer
of the Commission; or

(b) instruct an employee or officer of the Commission to
perform any of the duties of the Chief Electoral Officer
under this Act or any other written law.

(2) Subsection (2) of section five with the necessary
modification, shall apply to a delegation or instruction of the Chief
Electoral Officer under subsection (1).

PART II
REGISTRATION OF VOTERS AND REGISTERS

7. The Commission shall conduct a continuous registration of
voters.

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Delegation of
powers and
duties by
Commission

Delegation
of powers
and duties
by Chief
Electoral
Officer

Continuous
voter
registration

Act No. 3 of
2012

8. (1) A person qualifies for registration as a voter if that
person—

(a) is a citizen of Zambia;
(b) has attained the age of eighteen years; and
(c) is in possession of a national registration card.

(2) The Commission shall register a person as a voter as
prescribed.

(3) A person who has been registered in the Register of Voters
shall be issued with a voter’s card.

(4) A person shall not register as a voter in more than one
constituency.

9. (1) The Commission shall not register a person as a voter
if that person

(a) is not a citizen of Zambia;
(b) is not in possession of a national registration card;
(c) suffers from a mental disability which makes the person

unable to exercise their right to vote;
(d) is detained under the Criminal Procedure Code during the

pleasure of the President;
(e) is disqualified from voting under section forty-seven;
(f) is under a sentence of death imposed by a competent

court, or a sentence of imprisonment imposed by a court
or substituted by a competent authority for some other
sentence imposed by that court; or

(g) does not qualify to be registered as a voter as may be
prescribed;

(2) In this section, the reference to a sentence of imprisonment
shall not be construed as including a sentence of imprisonment the
execution of which is suspended or a sentence of imprisonment
imposed in default of payment of a fine.

10. A registration officer shall de-register a voter if the
registration officer is satisfied that the voter—

(a) does not qualify to be registered as a voter;
(b) no longer meets the qualifications for registration as

specified in section eight;
(c) has been fraudulently registered; or

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Qualification
for
registration
as voter

Disqualification
from
registration
as voter

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De-
registration
of voter

(d) obtained the registration through submission of false
information or making of a misleading statement.

11. (1) A registration officer shall notify a person—
(a) whose registration as a voter has been refused;
(b) whose application to have a change of name or ordinary

place of residence recorded has been refused;
(c) who has been disqualified from registration as a voter

under section ten; or
(d) whose registration details have been changed.

(2) A notification given under subsection (1) shall give reasons
for the refusal or action taken.

12. (1) The Commission may suspend the registration of voters
whenever an election is due for the purposes of the conduct of the
election.

(2) The Commission shall, where it prescribes the polling day
for a byelection, immediately suspend the registration of voters in
the district in which the byelection is to take place until the byelection
is concluded.

13. (1) The Commission shall establish a Provisional Register
of Voters as prescribed.

(2) The Provisional Register of Voters shall include the details
of persons entitled to vote in an election or referendum under this
Act or the Referendum Act.

14. (1) The Commission shall compile and maintain the
Register of Voters as prescribed.

(2) The Register of Voters shall include the details of persons
entitled to vote in an election or referendum under this Act or the
Referendum Act.

(3) The Register of Voters shall not preclude any person from
voting in a referendum in accordance with the Constitution.

15. A voter whose name or ordinary place of residence has
changed may apply, in the prescribed manner, to have that change
recorded in the Register of Voters, except that a person shall not
apply when a change of name is due to change in marital status.

16. (1) A registration officer shall—
(a) change the registration details of a voter if the registration

officer is satisfied that the details of a voter as reflected
in the Register of Voters are incorrect or have changed;

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Notification
by
registration
officer

Suspension
of
registration
of voters

Provisional
Register of
Voters

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Register of
Voters

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Application
to change
registration
details

Amendments
to Register
of Voters

(b) add the name and other particulars of a voter resulting
from a new registration, as prescribed; or

(c) delete the name of a voter who is deceased.

(2) A registration officer shall record, in the Register of Voters, a
change in a polling district for which a person is registered as a
voter if that person’s place of ordinary residence after a change in
the boundaries of the polling district falls in another polling district.

17. (1) A person whose name appears in the Provisional
Register of Voters may object to an error or omission regarding the
person’s details, in the prescribed manner, within ninety days’ of
the publication of the Provisional Register of Voters.

(2) A person may object to an error or omission to the exclusion
or regarding the registration details of another person.

(3) A person who objects to another person’s registration details
shall serve notice of the objection on that person.

(4) The Commission shall consider an objection to the
Provisional Register of Voters within fourteen days from the date
the objection was made and shall notify the person who made the
objection and the registration officer.

(5) A registration officer shall give effect to a decision of the
Commission, made under this section, within three days of the
decision.

18. (1) A copy of the Register of Voters, as it exists at any
time, shall be available for inspection during office hours at the
Commission’s head office.

(2) A person who requires a copy or extract of the Register of
Voters may, upon payment of a prescribed fee, obtain the copy or
extract which shall be certified by the Chief Electoral Officer.

(3) A document purporting to be a copy or extract of the
Register of Voters, which is duly certified by the Chief Electoral
Officer, shall be received in evidence in any legal proceedings as
to the matters stated in the Register of Voters.

19. (1) The Register of Voters or the segments of the Register
of Voters that shall be used for an election shall be the register
certified for the purposes of that election.

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Objections
concerning
details in
Provisional
Register of
Voters

Publication
of Register
of Voters

Inspection of
Register of
Voters before
election

(2) The Chief Electoral Officer shall certify the Register of
Voters, or segments of the Register of Voters, and publish the
Register of Voters or the segments of the Register of Voters and
make the Register of Voters or the segments of the Register of
Voters available for inspection at the following venues:

(a) at the Commission’s head office;
(b) at the polling station in each polling district; and
(c) at the office of each council.

20. (1) The Commission may prescribe cut-off dates with
respect to the registration of voters and the compilation of the
Register of Voters, including the date by which—

(a) a person may apply to be registered as a voter or change
the person’s registration details;

(b) a registration officer shall give notice of the venue and
dates on which the Provisional Register of Voters may
be inspected;

(c) the Commission shall consider an objection made under
section seventeen and notify the objector and the
registration officer and a person other than the objector
whose name or registration details are involved; and

(d) a registration officer shall complete the compilation of the
Register of Voters and publish it.

PART III
POLLING DISTRICTS AND BOUNDARIES

21. (1) The Commission shall—
(a) establish polling districts for the whole of the territory of

the Republic;
(b) determine the boundaries of each polling district in

accordance with the criteria provided in section twenty-
two; and

(c) keep a map of each district.

(2) The polling districts for an election shall be those polling
districts which, on the date on which an election is called, are within
the area in which the election is called.

22. The Commission shall determine the boundaries of a polling
district by taking into account any factor within the proposed polling
districts that could affect the free, fair and orderly conduct of
elections, including—

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Cut-off dates
for
registration
of voters and
Register of
Voters

Establishment
of polling
districts

Criteria for
determining
polling
district
boundaries

(a) the availability of a suitable venue for a polling station;
(b) the number and distribution of eligible voters;
(c) the accessibility of a polling station to voters given—

(i) the radius of the proposed polling district;
(ii) the availability of transport;
(iii) telecommunications facilities; and
(iv) any geographical or physical feature that may

impede access to the polling station;
(d) district and provincial boundaries; and
(e) cultural diversity.

23. (1) As soon as practicable after the polling districts have
been established, the Chief Electoral Officer shall give notice that
copies of the map of each polling district are available for inspection.

(2) The notice referred to in subsection (1) shall be published
in the Gazette and publicised in the media so as to ensure wide
publicity of the maps.

(3) The notice shall state, and the Chief Electoral Officer shall
ensure, that copies of—

(a) the maps are available for inspection at the Commission’s
head office; and

(b) the maps of the polling districts are available for inspection
at the office of the person administering the district.

(4) A person may inspect a copy of a map provided for in
subsection (1).

(5) The Chief Electoral Officer shall provide a certified copy
of a map of a polling district to any person who pays the prescribed
fee for that purpose.

24. (1) The Commission shall establish a polling station for
an election, in each polling district, as the Commission may
prescribe.

(2) The Commission shall, when determining the location of a
polling station, take into account any factor that could affect the
free, fair and orderly conduct of elections, including—

(a) the number and distribution of eligible voters in the polling
districts;

(b) the availability of suitable venues for polling stations;
(c) the distance to be travelled to reach the polling station;

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Inspection
and copies of
maps of
polling
district

Establishment
of polling
station

(d) access routes to the polling station;
(e) the availability of transport to the polling station;
(f) traffic density at or near the polling station;
(g) telecommunications facilities at the polling station;
(h) general facilities at the polling station;
(i) the safety and convenience of voters;
(j) any geographical or physical feature that may impede

access to or at the polling station; and
(k) the accessibility of the polling station.

(3) The Commission may, before determining the location of
a polling station, consult on the proposed location of that polling
station with the council for the area in which that polling station
shall fall.

(4) The Chief Electoral Officer shall, not later than the date
stated in the election timetable, publicise a list containing the
addresses of the established polling stations available for inspection.

(5) Section twenty-three shall apply, with the necessary
modifications, to the inspection and obtaining of copies of the
established polling stations.

25. (1) The Commission shall, after consultation with every
council, by statutory order, divide the area of each council into
wards, defining the boundaries of the wards by reference to polling
districts, and assigning names to the wards and polling districts.

(2) The number of wards into which the area of a council is
divided shall be equal to the number of elected councillors prescribed
in respect of that council by the Minister under the Local Government
Act.

(3) The Commission shall exercise its powers under this section
so that each ward comprises one or more complete polling districts.

(4) Whenever the Minister alters the area of a council or the
number of councillors of a council, the Commission shall, after
consultation with such council, by statutory order, make such
alterations to the boundaries of the wards of such council or to the
division of the area of such council into wards as may be necessary
to give effect to the provisions of this section.

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Division of
area of
councils into
wards

Cap. 281

(5) Whenever the Commission is satisfied that there has been
a material alteration in the number of registered voters in the area
of a council or of any of the wards into which such area is divided,
the Commission may, after consultation with the council concerned,
exercise in respect of the area of that council or any part of the
council the powers conferred by this section.

26. (1) The Commission may, by statutory order, whenever—
(a) a new council is established; or
(b) an alteration is made in the division of the area of an

existing council into wards or in the definition of the
boundaries of any ward;

direct that an ordinary election of councillors in every ward or in
any particular ward of that council shall be held on such date as
may be appointed by the statutory order.

(2) A statutory order made under this section shall specify the
day or days on which, and the hours within which, returning officers
may receive nominations of candidates for election in any ward to
which such order relates.

27. (1) Despite section twenty, the Commission may relocate
a polling station if it is necessary to do so for the conduct of a free
and fair election.

(2) The Chief Electoral Officer shall publicise the relocation
of a polling station among voters in the polling district concerned.

PART IV
NOMINATIONS FOR ELECTIONS

28. (1) Subject to the Constitution, the Commission shall,
before the polling day—

(a) compile an election timetable for each election to provide
for the following:

(i) the closing date of the registration of voters;
(ii) the dates for inspection of the Provisional Register

of Voters;
(iii) the date and method for the submission of

nominations;
(iv) the date and method for the acceptance of

nominations;
(v) the opening and closing dates of the campaign

period;

722 No. 35 of 2016] Electoral Process

Election in
newly
created
Council

Relocation
of polling
station in
emergencies

Election
timetable

(vi) the date of the election and voting hours for the
election;

(vii) any cut-off time for any act to be performed;
and

(viii) any other relevant information; and
(b) publish the election timetable in the Gazette.

(2) The Commission may amend the election timetable by notice
in the Gazette if—

(a) it considers it necessary for a free and fair election; or
(b) the polling day is postponed under section fifty-six.

(3) The campaign period shall commence and close on such
date as the Commission may determine.

29. (1) A public officer and public entity shall give equal
treatment to candidates.

(2) A candidate and political party has the right to have the
content of the candidate’s or political party’s campaign message
reported in public media in a fair and balanced manner.

(3) A candidate or political party may, during an electoral
campaign, publish or distribute campaign materials of such a nature
and in such a manner as may be prescribed by the Commission.

(4) For the purposes of this section “campaign messages”
means an activity, statement or any other form of expression aimed
at promoting particular political ideas, policies and strategies for
purposes of obtaining votes for a candidate or political party
contesting an election.

30. (1) A candidate for election as President or Vice-President
shall deliver to the Returning Officer—

(a) the candidate’s nomination paper;
(b) the prescribed election fee, except that a candidate for

election as a Vice-President shall not pay the prescribed
fee;

(c) the prescribed statutory declaration of the candidate’s
assets and liabilities; and

(d) an affidavit attesting that the person is qualified for election
as President or Vice-President, as the case may be.

(2) A person who swears or affirms falsely under this section
commits an offence and is liable, upon conviction, to imprisonment
for a term of seven years without the option of a fine.

Electoral Process [No. 35 of 2016 723

Electoral
campaign

Nomination
of
Presidential
and Vice-
Presidential
candidates

(3) A candidate delivering a nomination paper, referred to in
subsection (1), to the Returning Officer shall be supported by one
hundred supporters from each Province who are registered voters
in that Province.

31. (1) A person who applies to be a candidate for election in
any, constituency shall lodge with the returning officer for that
constituency that person’s nomination paper and an affidavit in the
prescribed manner and form.

(2) A nomination submitted under subsection (1) may be
withdrawn at any time, before the expiry of the period appointed
for lodging nomination papers in respect of the constituency
concerned, if the candidate delivers to the returning officer a written
notice to that effect.

32. Subject to the other provisions of this Act, the Commission
shall conduct local government elections.

33. (1) Subject to subsection (2), a candidate for election in a
district or ward of a council shall be nominated by means of a
nomination paper in such form as may be prescribed and such
nomination paper shall be subscribed, in the presence of the returning
officer for that council, by a proposer and a seconder and not less
than seven other persons, each of whom shall be a voter registered
in a polling district in such ward.

(2) A person appearing before a returning officer for the
purpose of subscribing a nomination paper under subsection (1)
shall produce a voter’s card and a national registration card to the
returning officer for inspection as proof of identity.

(3) A person qualifies to be a mayor or council chairperson if
that person—

(a) possesses the same qualifications as those specified for a
Member of Parliament in Article 70 of the Constitution;

(b) is not a Member of Parliament; and

(c) has a certificate of clearance showing the payment of
council taxes, where applicable.

34. (1) In an election, a person shall lodge nomination papers
in only one constituency, district or ward.

(2) Where, upon the expiry of the period for lodging nomination
papers in any constituency, district or ward a person is found to
have lodged, and not withdrawn, nomination papers in more than
one constituency, district or ward then every one of those
nominations shall be invalid.

724 No. 35 of 2016] Electoral Process

Nomination
for election
in
constituency

Conduct of
local
government
elections

Nomination
of candidates
in district or
ward

Restriction
on
nomination
papers

Cap. 1

35. (1) A candidate may appoint—
(a) two polling agents for each polling station; and
(b) two election agents for each venue where counting of the

votes will take place.
(2) An election or polling agent—

(a) shall be a Zambian citizen or resident permit holder; and
(b) shall not be a candidate in an election.

(3) The appointment and revocation of appointment of a person
as an election or polling agent shall be effected in the prescribed
manner.

36. (1) An election or polling agent may observe the
proceedings during—

(a) voting;
(b) the counting of votes; and
(c) the announcement and declaration of the result of an

election.
(2) The absence of an election or polling agent from a gazetted

or prescribed place where an electoral proceeding is being conducted
shall not invalidate those proceedings.

(3) An election or polling agent shall, while at a polling station
or venue where the proceedings are taking place—

(a) wear the prescribed identification indicating—
(i) that the person is an election or polling agent; and
(ii) the candidate represented by that election or polling

agent; and
(b) comply with any lawful order issued by—

(i) an election officer; or
(ii) a police officer acting on the instructions of an

election officer.

PART V
ELECTION OFFICERS

37. The Commission shall, after prescribing a date for an
election, appoint a presiding officer for each polling station at which
the election is conducted.

38. (l) A presiding officer shall coordinate and supervise the
voting at a polling station so as to ensure that the election at the
polling station is free and fair.

(2) A presiding officer—
(a) shall exercise the powers and perform the duties assigned

to a presiding officer by or under this Act;
(b) shall ensure orderly conduct at a polling station; and

Electoral Process [No. 35 of 2016 725

Powers and
duties of
election or
polling
agents

Appointment
of presiding
officer

Powers and
duties of
presiding
officer

Appointment
of election
agents and
polling
agents

(c) may order a police officer to assist in ensuring orderly
conduct at that polling station and the police officer shall
comply with the order.

(3) A presiding officer for a polling station or venue for the
counting of votes shall coordinate and supervise the counting of
votes and announcement of the result of the election at the polling
station or venue.

(4) A presiding officer shall exclude from the area within the
boundary of a polling station any person other than—

(a) a member, employee or officer of the Commission;
(b) an election or polling agent who is entitled under this Act

to be present at a polling station;
(c) a candidate in that election;
(d) an accredited observer or monitor;
(e) a voter present for the purpose of casting a vote; and
(f) a person or category of persons authorised by the

Commission to be present at the polling station.

(5) Despite subsection (4), a presiding officer may order a
person referred to in paragraphs (b) to (f) of subsection (4), to
leave the area within the boundary of the polling station if that
person’s conduct is not conducive to a free and fair election at that
polling station and shall give that person the reasons for making the
order.

(6) If a person refuses to comply with an order under subsection
(5), a presiding officer may direct a police officer to forcibly remove
that person, and the police officer shall comply with that order.

39. The Commission shall appoint for each polling station as
many polling assistants as it considers necessary to conduct an
election.

40. A polling assistant shall—
(a) assist the presiding officer in the exercise of the presiding

officer’s powers and the performance of the presiding
officer’s duties; and

(b) exercise the powers and perform the duties assigned to a
polling assistant by or under this Act.

726 No. 35 of 2016] Electoral Process

Appointment
of polling
assistant

Powers and
duties of
polling
assistant

41. (1) The Commission may appoint as many additional
persons as election officers as may be necessary to enable the
Commission to exercise its powers and perform its duties effectively
during an election.

(2) A person appointed by the Commission under this section
shall exercise any power and perform any duty assigned to an
election officer by or under this Act.

(3) An appeal shall not be brought against a decision by the
Commission to appoint a person as an election officer or to dismiss
an election officer.

(4) Despite subsection (3), a person may object to the
appointment of an election officer under this section if the person
appointed is disqualified under section 42 (3).

42. (1) The Commission shall determine, in writing, the terms
and conditions of appointment of an election officer.

(2) The assignment of a power or duty to an election officer
shall not prevent the Chief Electoral Officer from exercising that
power or performing that duty.

(3) A person shall not be appointed as an election officer or
remain in that office if that person—

(a) is a candidate contesting an election;
(b) is an election or polling agent in an election;
(c) holds political office in a registered party or is affiliated to

a political party; or
(d) was convicted of an offence or reported of any corrupt

practice or illegal practice, under this Act, within a period
of five years preceding an election.

(4) A person shall not be appointed as an election officer unless
that person signs a prescribed undertaking which shall include an
undertaking to be bound by—

(a) the Code; and
(b) a declaration of secrecy.

(5) An election officer shall exercise the powers and perform
the duties assigned to that election officer subject to the direction,
control and discipline of the Commission.

(6) An election officer shall not place in jeopardy that officer’s
independence or harm the credibility, impartiality, independence or
integrity of the Commission by any membership, association,
statement or conduct.

Electoral Process [No. 35 of 2016 727

Appointment
of additional
persons as
election
officers

General
provisions
concerning
appointment
of election
officer

Special vote

(7) An appointment as an election officer does not constitute
an employment relationship.

(8) The Commission may dismiss an election officer for—
(a) misconduct, incompetence or incapacity;
(b) absence from duty without leave of the Chief Electoral

Officer;
(c) a material contravention of this section;
(e) a material contravention of the declaration of secrecy; or
(f) any other consideration related to a free and fair election.

43. An election officer shall not be liable for any loss suffered
by a person as a result of an act performed or omitted in good faith
in the exercise of a power or the performance of a duty under this
Act.

PART VI
VOTING

44. A voter is entitled to vote at an election held in a district,
constituency or ward.

45. A voter shall produce identification documents to a
presiding officer as may be prescribed.

46. (1) A voter shall not be entitled to vote more than once in
the same election.

(2) A poll shall be taken by means of a secret ballot in
accordance with the Constitution, this Act and as may be prescribed.

47. A person shall not be entitled to vote at an election if, at
the date of the election, that person is in lawful custody or the
person’s freedom of movement is restricted under any written law.

48. (1) The Commission may allow a person to apply for a
special vote if that person cannot vote at a polling station in the
polling district in which the person is registered as a voter due to
that person’s—

(a) physical infirmity or disability;
(b) pregnancy;
(c) absence from that polling district while serving as an

election officer in the election concerned; or
(d) while on duty as a member of the security services in

connection with the election.

728 No. 35 of 2016] Electoral Processs

Immunity of
election
officer

Qualifications
for voting

Identification
of voter

One vote and
secrecy

Dis-
qualification
from voting

(2) The Commission shall prescribe the procedure and
conditions under which a voter who is unable to vote in the polling
district in which that voter is registered may apply for a special
vote.

49. On polling day each polling station shall be staffed by the—
(a) presiding officer appointed for that polling station;
(b) polling assistants appointed for that polling station; and
(c) other officers appointed by the Commission.

50. (1) The Commission shall prescribe the voting hours for
an election.

(2) The Commission may, where it is necessary to do so,
prescribe different voting hours for different polling stations.

(3) The Commission shall publish the prescribed voting hours
in the media.

(4) A polling station shall—
(a) open for voting at the prescribed time; and
(b) subject to subsection (7)(b), remain open for voting until

the prescribed time or such later time as the Commission
may determine under subsection (7)(a).

(5) A person shall not be admitted to a polling station for the
purpose of voting after the polling station has closed for voting.

(6) Voting at a polling station shall continue until every voter
who had reported at a polling station to vote at the time prescribed
for voting hours has voted.

(7) The Commission—
(a) may extend voting hours at a polling station after the voting

day or prescribed time; and
(b) may temporarily close a polling station for part of a polling

day if it is temporarily impossible to conduct an election
at that voting station.

51. Subject to the other provisions of this Act and section fifty-
two, the Commission shall prescribe the form and design of a ballot
paper and the manner in which ballot papers issued shall be
accounted for.

Electoral Process [No. 35 of 2016 729

Election
officers at
polling
stations

Hours of
voting

Ballot paper

Postponement
of voting at
polling
station

52. (1) Despite section fifty-one, a ballot paper shall be
designed in a way that prevents fraudulent voting.

(2) A ballot paper shall include—
(a) a portrait of the candidate nominated for elections to the

office of President, Member of Parliament, mayor,
council chairperson and councillor; and

(b) the symbol of a political party registered with the
Commission under which a candidate shall stand for
elections and where the candidate is an independent
candidate, the symbol the Commission shall allocate to
the independent candidate.

(3) A ballot paper shall be colour coded so as to differentiate
the ballot paper for use in a presidential, parliamentary or local
government elections.

53. (1) The Commission shall use in an election transparent
ballot boxes capable of being securely closed.

(2) The Commission shall prescribe the manner in which ballot
boxes shall be—

(a) numbered and labelled; and
(b) closed, secured, opened, sealed and unsealed.

54. (1) Subject to subsection (2), the Commission shall
prescribe the design and material of voting compartments to be
used in an election.

(2) A voting compartment shall, while screening a voter from
observation by other persons when marking a ballot paper, be
designed and placed in such a manner as to ensure that a clear
view of the voters’ back can be observed from the outside.

55. A general election shall be held in accordance with the
Constitution, this Act and as may be prescribed.

56. (1) If it is not possible to conduct a free and fair election
at a polling station on a prescribed polling day, the Commission
may, at any time before voting at the polling station has commenced,
postpone voting at that polling station.

730 No. 35 of 2016] Electoral Process

Design of
ballot paper

Ballot boxes

Voting
compartments

Conduct of
general
election
Cap. 1

(2) A postponement under subsection (1) shall be—

(a) effected in the prescribed manner;

(b) to a day that would fall within the period referred to in
section twenty-eight; and

(c) publicised in the media so as to ensure wide publicity of
the postponement of the polling day at the polling station.

57. The Commission may postpone the polling day of a by-
election if it is satisfied that—

(a) the postponement is necessary for ensuring a free and
fair election; and

(b) the polling day for the election shall fall within the period
required by the Constitution.

58. (1) The Commission shall supply, before voting opens at
a polling station, the voting materials necessary for the election at
that station including—

(a) ballot papers;

(b) ballot boxes;

(c) voting compartments;

(d) a certified register of voters for the polling district
concerned; and

(e) a document to be signed by the presiding officer detailing
the voting materials entrusted to that presiding officer.

(2) A presiding officer shall be responsible for the safe-keeping
of all the voting materials supplied to that presiding officer.

59. A presiding officer shall, immediately before opening a
polling station for voting—

(a) show all accredited observers, monitors, election and polling
agents present, that each ballot box to be used at that
polling station is empty; and

(b) in the presence of the accredited observers, monitors, election
and polling agents, close, seal and secure the ballot boxes in the
prescribed manner.

Electoral Process [No. 35 of 2016 731

Voting
materials

Initial
procedures

Postponement
of by-
election

Cap. 1

60. (1) Subject to section forty-eight, a voter shall only vote
at the polling station in the polling district for which that voter is
registered.

(2) A voter is entitled to vote at a polling station—

(a) on production of that voter’s national registration card
and voter’s card to the presiding officer or election officer
at the polling station; and

(b) if that voter’s details are in the certified segment of the
Register of Voters for the polling district concerned.

(3) When a voter produces a national registration card to the
presiding officer or election officer as required by subsection (2),
the presiding officer or election officer shall examine the identity
document and determine whether—

(a) the voter is the person described in that national registration
card;

(b) the voter’s details are in the certified segment of the
Register of Voters for the polling district concerned; and

(c) the voter has not already voted in the election.

(4) For the purposes of subsection (3) (c), the presiding officer
or election officer shall examine the voter’s hands to ensure that
the voter does not possess the mark indicating that the voter has
already voted.

(5) If the presiding officer or election officer is satisfied in
respect of all the matters referred to in subsection (3), the presiding
officer shall—

(a) record that the voter is treated as having voted in the
election;

(b) mark the hand of the voter in the prescribed manner;

(c) mark the back of a ballot paper for that election; and

(d) hand the ballot paper to the voter.

(6) A voter shall, once the voter has received a ballot paper
marked under subsection (5)(c) —

(a) enter an empty voting compartment;

(b) mark the ballot paper in a way that indicates the candidate
the voter wishes to vote for;

732 No. 35 of 2016] Electoral Process

Voting
procedure

(c) fold the ballot paper to conceal the voter’s vote;

(d) cast the ballot paper in the ballot box; and

(f)without delay leave the voting station.

61. (1) A person may assist a voter to vote where—

(a) the voter requires assistance due to a physical disability;

(b) the voter has requested to be assisted by that person; and

(c) the presiding officer is satisfied that the person assisting
the voter has attained the age of eighteen years.

(2) In the absence of a person referred to in subsection (1),
the presiding officer or another election officer, at the request of a
voter who is unable to read, shall assist that voter to vote.

(3) Subject to subsection (2), the presiding officer or election
officer shall assist voters in the presence of—

(a) a person appointed by the presiding officer or an accredited
observer or monitor, if available; or

(b) two election agents of different candidates, if available.

(4) A presiding officer shall record in a copy of the Register of
Voters, by means of a mark placed next to the name of the voter
concerned, that the presiding officer or another person has assisted
the voter as provided under this section and give the reasons for
doing so.

(5) A person assisting another person under subsection (2)
shall maintain the secrecy of the vote cast by the person being
assisted.

62. (1) If a voter accidentally marks a ballot paper in a way
that does not indicate for whom the voter wishes to vote and the
ballot has not yet been placed in the ballot box—

(a) the voter may return that ballot paper to the presiding
officer or a polling assistant;

(b) the presiding officer or polling assistant shall deal with the
ballot paper in accordance with subsection (2), and shall
give the voter a new ballot paper in accordance with
this section; and

(c) the voter may vote in accordance with section sixty.

Electoral Process [No. 35 of 2016 733

Assistance
to voters
with
disabilities

Issuance of
new ballot
paper

(2) Upon receiving a ballot paper from a voter under subsection
(1), the presiding officer or a polling assistant shall mark “cancelled”
on the back of the ballot paper and file it separately to be dealt with
in accordance with section sixty-three.

63. Where a voter inadvertently deals with a ballot paper in
such manner that it cannot be used as a valid ballot paper, the voter
shall deliver that ballot paper to the presiding officer and, if the
presiding officer is satisfied that the ballot paper has been spoilt
inadvertently, the presiding officer shall issue another ballot paper
to the voter, and shall cancel the spoilt ballot paper and the counterfoil
to which it relates.

64. (1) A person may, at any time before a voter is handed
a ballot paper, object to that voter being entitled to vote or to vote
at the polling station concerned.

(2) A person may object to a voter’s vote where the voter—

(a) has already voted;
(b) is not the owner of the voter’s card;
(c) is not registered at the polling station;
(d) is not a citizen; or
(e) is disqualified from voting.

(3) An election agent or a voter may object to any conduct of
an election officer or any other person present at a polling station.

(4) An objection under this section shall be made to the
presiding officer in the prescribed manner.

(5) A presiding officer shall make a decision on the objection
and notify the objector and any other parties involved in the objection
of the presiding officer’s decision in the prescribed manner.

(6) An appeal against the decision of a presiding officer may
be made to a returning officer in the prescribed manner.

(7) A presiding officer or returning officer shall keep a written
record of each objection and decision made under this section in
the prescribed manner .

65. (1) As soon as a ballot box is full, a presiding officer, in
the presence of an accredited observer, monitor or polling agent,
shall seal the ballot box and allow the agents to affix their seals to
the ballot box.

734 No. 35 of 2016] Electoral Process

Spoilt ballot
papers

Objections
concerning
voting

Sealing of
full ballot
boxes

(2) Immediately after the last vote has been cast, every
remaining used ballot box shall be similarly dealt with.

(3) A sealed ballot box shall remain—

(a) sealed until opened for the counting of votes; and

(b) in the polling station until the commencement of the counting
of the votes.

66. (1) A presiding officer shall, at the close of a polling station,
in the presence of an accredited observer, monitor or election agent

(a) complete a ballot paper account form reflecting the number
of—

(i) ballot boxes entrusted to that presiding officer;

(ii) used ballot boxes;

(iii) unused ballot boxes;

(iv) ballot papers entrusted to that
presiding officer;

(v) issued ballot papers;

(vi) unissued ballot papers; and

(vii) cancelled ballot papers;

(b) seal each unused ballot box entrusted to that presiding
officer; and

(c) seal in separate ballot boxes

(i) the certified segment of the Register of Voters for
that polling district;

(ii) the unused ballot papers entrusted to that presiding
officer;

(iii) the spoilt ballot papers; and

(iv) the written record of any objections concerning
voting.

67. (1) Votes shall be counted at the polling station at which
those votes were cast.

Electoral Process [No. 35 of 2016 735

Completion
of ballot
paper
account form
and sealing of
voting
materials

Place and
time of
counting of
votes

(2) A presiding officer shall ensure that the procedures
set out in this Part relating to the counting of votes commences
immediately after the polling station is closed for voting and
continue the counting of votes until completion.

(3) The procedures provided for in this Part relating to the
counting of votes may be suspended only with the approval of the
Commission and, if they are suspended, the presiding officer shall
ensure the safekeeping of all the voting materials entrusted to the
presiding officer until the counting of votes has been completed.

68. (1) A presiding officer shall open the ballot boxes and—

(a) cause the ballot papers to be sorted on the basis of the
ballot papers for each election, if more than one election
was held at a polling station on the same day;

(b) cause the ballot papers for each election to be sorted and
compare them with the number of ballot papers issued
in the prescribed manner;

(c) cause the votes cast in each election to be counted in the
prescribed manner; and

(d) announce and publish the result of each count at that
polling station in both figures and words in the prescribed
manner.

(2) A presiding officer shall reject a ballot paper—
(a) that indicates the identity of the voter;
(b) on which a vote is cast for more than one candidate;
(c) that is unmarked;
(d) that is marked in such a way that it is not reasonably

possible to determine the voter’s choice;
(e) that does not bear the official mark required in terms of

section sixty (5) (c); or
(f)that is not an official ballot paper.

(3) The presiding officer shall mark Afor rejection on the back
of each rejected ballot paper and file the rejected ballot paper
separately.

69. (1) An election or polling agent may object to any alleged
irregularity in the sorting of the ballot papers.

(2) An objection under subsection (1) shall be made to a
presiding officer, in the prescribed form, at any stage before the
presiding officer has commenced the count.

736 No. 35 of 2016] Electoral Process

Counting of
votes and
announcement
of
provisional
results

Objections
concerning
sorting of
ballot papers

(3) Section sixty-four, with the necessary modifications, applies
to an objection under this section.

70. (l) An election or polling agent may object to an alleged
inaccuracy in the counting of the votes or the announcement of a
result under section seventy-one.

(2) An objection under subsection (l) shall be made to a
presiding officer, in the prescribed form, at any stage before the
presiding officer has announced the result.

(3) A presiding officer shall determine the objection and decide
whether to order a recount.

(4) A presiding officer shall notify the objector and any other
party involved in the objection, of the decision made under subsection
(3).

(5) If a presiding officer orders a recount, the presiding officer
shall announce the result afresh.

(6) An appeal against the decision of a presiding officer may
be made to the returning officer in the prescribed form.

(7) A presiding officer shall keep a written record, in the
prescribed form, of each objection under subsection (l) and each
decision under this section.

71. (1) After announcing the result at a polling station, a
presiding officer shall complete a form, as may be prescribed,
reflecting—

(a) the number of ballot papers supplied to the polling station;

(b) the result at the polling station;

(c) the number of rejected ballot papers;

(d) the number of spoilt ballot papers; and

(e) the number of unused ballot papers.

(2) When a presiding officer has complied with subsection (1),
the presiding officer shall publicly announce the result of the count
at the polling station to members of the public, the accredited
observers, monitors, election and polling agents present at the polling
station.

(3) When the presiding officer has complied with subsection
(2), the presiding officer shall inform the returning officer of the
result of that count at the polling station.

Electoral Process [No. 35 of 2016 737

Objections
concerning
counting of
votes and
announcement
of
provisional
result

Procedure
concerning
provisional
results and
voting
materials

(4) When the presiding officer has complied with subsection
(3), the presiding officer shall—

(a) seal in separate ballot boxes each of the items mentioned
in subsection (l) and the written record of any objections;
and

(b) deliver the form, completed in terms of subsection (l), and the
sealed ballot boxes to the returning officer.

72. (1) Upon receipt of the items mentioned in section seventy-
one, a returning officer shall tally the results of the votes received
from the polling station in the constituency, district and ward and
shall—

(a) announce the results of the votes for the presidential and
mayoral or council chairperson elections; and

(b) declare the results for the National Assembly and Ward
election.

(2) The returning officer shall submit the results referred to in
subsection (1) (a) and (b) to the Commission.

73. (1) The Returning Officer shall tally, announce and
declare the result of a presidential election as soon as they are
received.

(2) The Returning Officer shall announce and declare the result
of a presidential election without having received the results of all
polling stations if—

(a) to wait for the receipt of the result from every polling
station would unduly and unreasonably delay the
determination and declaration of the result of that
election; and

(b) the outstanding results are not likely to materially influence
the overall result of that election.

74. The Commission may use electronic means to transmit
results from polling stations.

75. (1) If ballot papers used in an election at a polling station
are lost, destroyed or unlawfully removed before the votes cast at
the polling station have been counted and announced, the
Commission shall allow a revote at that polling station.

(2) A revote at a polling station shall be—

(a) conducted on a date that would fall within the period
referred to in section twenty-eight;

738 No. 35 of 2016] Electoral Process

Announcement
and
declaration
of results by
returning
officer

Announcement
and
declaration
of results in
Presidential
election

Electronic
transmission
of results
Revoting at
polling
station

(b) publicised in the media so as to ensure wide publicity of
the date determined for the revote; and

(c) conducted in accordance with a procedure prescribed by
the Commission.

76. The Commission may correct a mistake committed by an
electoral officer in the tabulation of results within seven days after
the declaration of the results.

PART VII
OBSERVERS, MONITORS AND VOTER EDUCATION

77. (1) A juristic person may apply to the Commission, in the
prescribed manner, for accreditation to observe or monitor an
election.

(2) The Commission may require any information it may
consider necessary in support of an application under subsection
(1).

(3) The Commission shall, where it decides to to accredit an
applicant—

(a) issue the applicant with a certificate of accreditation in
the applicant’s name, stating the period and other
conditions of accreditation; and

(b) enter the applicant’s name in the register of persons
accredited as observers and monitors.

(4) The Commission may accredit an applicant, without the
payment of a fee, to observe or monitor an election after considering
the application and any other information provided by the applicant,
and whether—

(a) the accreditation of the applicant shall promote conditions
conducive to a free and fair election; and

(b) the persons appointed by the applicant shall—

(i) observe the election impartially and independently
of any registered party or candidate contesting
that election;

(ii) be competent and professional in observing the
election; and

(iii) subscribe to a code governing observers and
monitors issued by the Commission under this
Act.

Electoral Process [No. 35of 2016 739

Correction of
mistakes

Accreditation
of observers
and monitors

(5) The Commission shall, where it decides not to accredit the
applicant, inform the applicant accordingly, in writing, and give the
reasons for its decision.

(6) If a person accredited as an observer or monitor fails to
comply, to a material extent, with the conditions of the accreditation,
the Commission may cancel that accreditation and, in writing, notify
the person concerned of the cancellation and state the reasons for
such cancellation.

(7) Any person may inspect the register and copies of the
certificates of persons accredited as observers and monitors.

(8) The register and copies of the certificate shall be kept at
the Commission’s head office.

(9) The Chief Elections Officer shall provide a certified copy
of, or extract from, the register or a certificate to any person upon
payment of the prescribed fee.

(10) A person representing an accredited observer or monitor
shall abide by the Code.

(11) A person representing an accredited observer or monitor
who is found guilty of violating any election law shall be disqualified
from observing or monitoring an election.

(12) A register of juristic persons and institutions accredited as
observers or monitors and copies of the certificates of the observers
and monitors shall be kept at the Commission’s head office.

(13) In this section “juristic person” includes an institution and
organisation registered under the Non-Governmental Organisations
Act, 2009.

78. (1) An accredited observer or monitor may, in relation to
an election for which that observer or monitor is accredited, observe
the proceedings concerning voting, the counting of votes and the
announcement and declaration of the election results.

(2) Whilst observing an election, a person appointed by an
accredited observer or monitor shall wear the prescribed
identification indicating that the person is representing an accredited
observer or monitor.

740 No. 35 of 2016] Electoral Process

Act No. 16 of
2009

Powers and
duties of
accredited
observers
and monitors

(3) A person appointed by an accredited observer or monitor
shall comply with any order issued by an election officer or a police
officer acting on the instructions of an election officer.

79. (1) Any natural or juristic person may provide voter
education for an election.

(2) Any natural or juristic person providing voter education
shall do so in a manner that—

(a) is impartial and independent of any registered party or
candidate contesting an election; and

(b) shall promote conditions conducive to free and fair
elections.

80. Despite section eight, the Commission shall provide voter
education for an election.

PART VIII
ELECTIONS OFFENCES

81. (1) A person shall not, either directly or indirectly, by
oneself or with any other person corruptly—

(a) give, lend, procure, offer, promise or agree to give, lend,
procure or offer, any money to a voter or to any other
person on behalf of a voter or for the benefit of a voter
in order to induce that voter to vote or refrain from voting
or corruptly do any such act as aforesaid on account of
such voter having voted or refrained from voting at any
election;

(b) give, lend or procure, offer, promise or agree to give, lend,
procure, offer or promise, any money to a voter or for
the benefit of a voter or to any other person or on behalf
of that person on behalf of any voter or to or for any
other person for acting or joining in any procession or
demonstration before, during or after any election;

(c) make any gift, loan, offer, promise, procurement or
agreement to or for the benefit of any person in order to
induce the person to procure or to endeavour to procure
the return of any candidate at any election or the vote
of any voter at any election;

(d) upon or in consequence of any gift, loan, offer, promise,
procurement or agreement, procure or engage, promise
or endeavour to procure, the return of any candidate at
any election or the vote of any voter at any election;

Electoral Process [No. 35 of 2016 741

Provision of
voter
education
generally

Voter
education

Bribery

(e) advance or pay or cause to be advanced or paid any money
to or for the use of any other person with the intent that
such money or any part thereof shall be expended in
bribery at any election, or knowingly pay or cause to be
paid any money to any person in discharge or repayment
of any money wholly or partially expended in bribery at
any election;

(f)before or during any election, receive or contract for any
money or loan for oneself or for any other person for
voting or agreeing to vote or for refraining or agreeing
to refrain from voting at any election;

(g) after any election, receive any money on account of any
person having voted or refrained from voting or having
induced any other person to vote or refrain from voting
at any election; or

(h) convey or transfer or be concerned with the conveyance
or transfer of any property, or pay or be concerned with
the payment of any money, to any person for the purpose
of enabling that person to be registered as a voter,
thereby to influence that person’s vote at any future
election, or pay to or be concerned with the payment of
any money on account of any voter for the purpose of
inducing that person to vote or refrain from voting.

(2) A person who contravenes any provision of subsection (1)
commits an offence.

(3) Nothing in this Act shall be construed as applying to any
money paid or agreed to be paid for, or on account of, any
expenditure bona fide and lawfully incurred in respect of the
conduct or management of an election.

82. (1) A person shall not—

(a) at any election, apply for a ballot paper in the name of
some other person, living or dead, or of a fictitious person;

(b) having voted once at any election, apply again at the same
election for a ballot paper;

(c) vote at any election knowing that the person is not entitled
to vote at that election or induce or procure any person
to vote at any election knowing that person is not entitled
to vote at that election;

742 No. 35 of 2016] Electoral Process

Impersonation

(d) apply to be registered as a voter in the name of any other
person, whether living, dead or fictitious; or

(e) impersonate—
(i) a representative of a registered political party;

(ii) a candidate in an election;

(iii) a member, employee or officer of the
Commission; or

(iv) a person appointed by an accredited observer, or
monitor.

(2) A person who contravenes any provision of subsection
(1) commits an offence.

83. (1) A person shall not directly or indirectly, by oneself or
through any other person—

(a) make use of or threaten to make use of any force, violence
or restraint upon any other person;

(b) inflict or threaten to inflict by oneself or by any other
person, or by any supernatural or non-natural means,or
pretended supernatural or non-natural means, any
physical, psychological, mental or spiritual injury, damage,
harm or loss upon or against any person;

(c) do or threaten to do anything to the disadvantage of any
person in order to induce or compel any person—

(i) to register or not to register as a voter;

(ii) to vote or not to vote;

(iii) to vote or not to vote for any registered political
party or candidate;

(iv) to support or not to support any political registered
party or candidate; or

(v) to attend and participate in, or not to attend and
participate in, any political meeting, march,
demonstration or other political event;

(d) interfere with the independence or impartiality of the
Commission, any member, employee or officer of the
Commission;

(e) prejudice any person because of any past, present or
anticipated performance of a function under this Act;

Electoral Process [No. 35 of 2016 743

Undue
influence

(f) advantage, or promise to advantage, a person in exchange
for that person not performing a function under this Act;
or

(g) unlawfully prevent the holding of any political meeting,
march, demonstration or other political event.

(2) Subject to the other provisions of this Act, a person shall
not prevent another person from exercising a right conferred by
this Act.

(3) A person, knowing that another person is not entitled to be
registered as a voter, shall not—

(a) persuade that other person that, that other person is entitled
to be registered as a voter; or

(b) represent to anyone else that the person is entitled to be
registered as a voter.

(4) A person, knowing that another person is not entitled to
vote shall not—

(a) assist, compel or persuade that other person to vote; or
(b) represent to anyone else that the other person is entitled

to vote.

(5) A person who contravenes any of the provisions of
subsections (l) to (4) commits an offence.

(6) A person who, by abduction, duress or any fraudulent
device or contrivance, impedes or prevents the free exercise of
the vote of any voter or thereby compels, induces or prevails upon
any voter either to give or to refrain from giving the person’s vote
at any election, commits an offence.

84. (1) A person shall not, before or during an election, publish
a false statement of the illness, death or withdrawal from election
of a candidate at that election for the purpose of promoting or
procuring the election of another candidate, knowing that statement
to be false or not believing it to be true.

(2) A person who, contravenes subsection (1) commits an
illegal practice, unless that person had reasonable grounds for
believing, and did believe, the statement to be true.

85. (1) A person shall not—
(a) forge or fraudulently destroy any written authority of a

candidate or nomination paper; or

744 No. 35 of 2016] Electoral Process

Illegal
practice of
publishing
false
statements in
respect of
candidates

Illegal
practice in
respect of
nomination
of candidates

(b) deliver to a returning officer any written authority of a
candidate or nomination paper or affidavit knowing the
same to be forged.

(2) A person who knowingly makes a false statement relating
to that person’s nomination in that person’s nomination paper or
affidavit commits an offence.

86. A person shall not, at a lawful public meeting held in
connection with the election of any person between the day of the
publication of a notice appointing a nomination day and the day on
which the result of the election is published, act or incite others to
act in a disorderly manner for the purpose of preventing the
transaction of the business for which the meeting is called.

87. (1) A person shall not—
(a) forge, counterfeit or fraudulently deface or fraudulently

destroy any ballot paper or the official mark on any ballot
paper;

(b) without authority supply any ballot paper to any person;
(c) without authority put into any ballot box any ballot paper

which that person is not authorised by law to put in;
(d) sell or offer to sell any ballot paper or voter’s card to any

person or purchase or offer to purchase any ballot paper
or voter’s card from any person;

(e) not being a person entitled under this Act to be in possession
of a ballot paper or voter’s card, have any such ballot
paper or voter’s card in that person’s possession;

(f)without authority destroy, take, open or otherwise interfere
with any ballot box or packet of ballot papers in use or
intended to be used for the purpose of an election;

(g) without authority print or make any ballot paper or what
purports to be or is capable of being used as a ballot
paper or any identity document at an election;

(h) manufacture, construct, have in that person’s possession,
supply, or use for the purpose of an election, or cause to
be manufactured constructed, supplied or used for the
purposes of any election any appliance, device or
mechanism by which a ballot paper may be extracted
or manipulated after having been deposited in a ballot
box in the course of polling at any polling station; or

(i) at an election obstruct a voter either at the polling station
or on that voter’s way thereto or therefrom.

Electoral Process [No. 35 of 2016 745

Illegal
practices in
respect of
public
meetings

Illegal
practices
relating to
the poll

88. A person who engages in an illegal practice commits an
offence and is liable, upon conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a period not
exceeding five years, or to both.

89. (1) A person shall not—

(a) within a period prescribed for the receipt of nominations,
under this Act, loiter in any public place within four
hundred metres from the entrance to a nomination
centre;

(b) having been required to leave a nomination office, fail to
leave such nomination office or the precincts thereof;

(c) put into any ballot box anything other than the ballot paper
which that person is authorised by law to put therein;

(d) without due authority take out of the polling station any
ballot paper or be found in possession of any ballot paper
outside a polling station;

(e) on any polling day, at the entrance to or within a polling
station, or in any public place or in any private place
within four hundred metres from the entrance to such
polling station

(i) canvass for votes;
(ii) solicit the vote of any person;
(iii) induce any person not to vote; or
(iv) induce any person not to vote for a particular

candidate;
(f) on any polling day loiter in any public place within four

hundred metres from the entrance to any polling station;
(g) on any polling day exhibit in any public or private place

within one hundred metres from the entrance to any
polling station any notice or sign, other than an official
notice or sign authorised by an election officer under
this Act, relating to the election;

(h) not being a presiding officer, an election officer, candidate,
an election agent or a polling agent in the course of their
functions within a polling station, make any record
showing that any particular person has voted in an
election;

746 No. 35 of 2016] Electoral Process

Penalty for
illegal
practices

Other
election
offences

(i) without lawful authority, destroy, mutilate, deface or remove
any notice which is exhibited in accordance with this
Act or under any regulations issued under this Act, or
any document made available for inspection under this
Act and any such regulations;

(j)wilfully obstruct or interfere with a returning officer,
presiding officer, or election officer in the execution of
their duties;

(k) make a false answer to any question put to that person by
a presiding officer or an election officer under this Act;

(l) have any communication with a voter while such voter is
in the precincts of a polling station for the purpose of
voting;

(m) fail to comply with any requirement or direction to leave
a polling station or the precincts thereof; or

(n) being a candidate use a symbol in the course of an election
other than the symbol registered with the Chief Electoral
Officer in accordance with this Act and any regulations
thereunder or, in the case of any other person, associate
any candidate with, any symbol in the course of an
election other than the candidate’s registered symbol.

(2) A person who contravenes any of the provisions of
subsection (1) commits an offence and is liable, upon conviction, to
a fine not exceeding two hundred thousand penalty units or to
imprisonment for a period not exceeding two years, or to both.

90. In a prosecution for an offence in relation to a nomination
paper, ballot box or ballot paper, the property in such nomination
paper, ballot box, as well as the property in the counterfoil of any
ballot paper, shall be vested in the Commission at that election.

91. (1) A person in attendance at a polling station shall
maintain, and aid in maintaining, the secrecy of the voting at such
station and shall not communicate, except for some purpose
authorised by law, to any person, any information as to the name or
number on the Register of Voters of any voter who has or has not
applied for a ballot paper or voted at such polling station, or as to
the official mark or official seal at such polling station.

Electoral Process [No. 35 of 2016 747

Property in
certain
election
material

Secrecy and
penalty for
breach of
secrecy

(2) A person other than a presiding officer or polling assistant
in exercise of the presiding officer or polling assistants’ functions
under this Act shall not, obtain or attempt to obtain in a polling
station information as to the candidate for whom any person in
such polling station is about to vote or has voted or communicate at
any time, to any person, any information obtained in a polling station
as to the candidate for whom any person in such polling station is
about to vote or has voted, or as to the number on the ballot paper
issued to any person at such polling station.

(3) A person in attendance at the counting of the votes shall
maintain, and aid in maintaining, the secrecy of the voting and shall
not ascertain at the counting the number on any ballot paper or
communicate any information obtained at the counting as to the
manner in which any vote is given by any particular ballot paper.

(4) A person who contravenes any of the provisions of this
section commits an offence and is liable, upon conviction, to a fine
not exceeding two hundred thousand penalty units or to imprisonment
for a term not exceeding two years, or to both.

92. An election officer who wilfully fails to perform the
functions of that office under this Act commits an offence and is
liable, upon conviction, to a fine not exceeding two hundred thousand
penalty units or to imprisonment for a term not exceeding two years,
or to both.

93. (1) A bill, placard, poster, pamphlet, circular or other
printed matter having reference to an election shall bear upon the
face thereof the name and address of the printer and of the publisher.

(2) A person who prints, publishes or posts, or causes to be
printed, published or posted any matter referred to in subsection
(1), which does not bear upon the face thereof such name and
address of the printer or publisher commits an offence.

(3) The proprietor and publisher of every newspaper shall cause
the word advertisement to be printed as a headline to each article
or paragraph appearing in that person’s newspaper containing
electoral matter, the insertion of which is or is to be paid for, and
any proprietor or publisher who fails to comply with this provision
commits an offence.

748 No. 35 of 2016] Electoral Process

Offences by
election
officers

Offences by
printers and
publishers

(4) For the purposes of this section—
(a) any process for producing copies of a document, other

than by copying it by hand, shall be deemed to be printing,
and the expression “printed” shall be construed
accordingly; and

(b) “electoral matter” shall be deemed to include all matters
which, on the face of them, are intended or calculated
to affect the result of an election.

94. (1) A person shall not—
(a) wilfully delay or obstruct an officer in the carrying out of

that officer’s duties and powers under this Act; or
(b) assault an officer in the lawful exercise of that officers

duties and power under this Act.

(2) A person who contravenes a provision of subsection (1),
commits an offence and is liable, upon conviction, to a fine not
exceeding fifty thousand penalty units or to imprisonment for a
term not exceeding six months, or to both.

95. A person who attempts to commit an offence under this
Part commits an offence and is liable upon conviction to the penalty
specified for that offence.

PART IX
ELECTION PETITIONS

96. (1) A question which may arise as to whether—
(a) a person has been validly appointed or nominated as a

Member of Parliament;
(b) the seat of an elected or nominated Member of Parliament,

mayor, council chairperson or councillor, has become
vacant, other than a question arising from the election
of a candidate as a Member of the Parliament; or

(c) a petition may be heard and determined by the High Court
or tribunal upon application made by—

(i) any person to whom the question relates; or
(ii) the AttorneyGeneral;

may be determined by the High Court or a tribunal, as the case
may be.

(2) A person who makes an application to the High Court or a
tribunal under subsection (1), has the right to appear and be
represented before the High Court or tribunal.

Electoral Process [No. 35 of 2016 749

Obstruction
of officer

Attempts to
commit
offence

Application
to members
and officers
of Parliament

(3) Subject to any rules of court or tribunal, the powers, practice
and procedure of the High Court or a tribunal in respect of the trial
of an election petition under this Part shall apply, with the necessary
modifications, to the hearing and determination of such applications.

97. (1) An election of a candidate as a Member of Parliament,
mayor, council chairperson or councillor shall not be questioned
except by an election petition presented under this Part.

(2) The election of a candidate as a Member of Parliament,
mayor, council chairperson or councillor shall be void if, on the trial
of an election petition, it is proved to the satisfaction of the High
Court or a tribunal, as the case may be, that—

(a) a corrupt practice, illegal practice or other misconduct
has been committed in connection with the election—

(i) by a candidate; or
(ii) with the knowledge and consent or approval of a

candidate or of that candidate’s election agent
or polling agent; and

the majority of voters in a constituency, district or ward
were or may have been prevented from electing the
candidate in that constituency, district or ward whom
they preferred;

(b) subject to the provisions of subsection (4), there has been
non-compliance with the provisions of this Act relating
to the conduct of elections, and it appears to the High
Court or tribunal that the election was not conducted in
accordance with the principles laid down in such provision
and that such non-compliance affected the result of the
election; or

(c) the candidate was at the time of the election a person not
qualified or a person disqualified for election.

(3) Despite the provisions of subsection (2), where, upon the
trial of an election petition, the High Court or a tribunal finds that a
corrupt practice or illegal practice has been committed by, or with
the knowledge and consent or approval of, any agent of the candidate
whose election is the subject of such election petition, and the High
Court or a tribunal further finds that such candidate has proved
that—

750 No. 35 of 2016] Electoral Process

Avoidance of
elections

(a) a corrupt practice or illegal practice was not committed
by the candidate personally or by that candidate’s
election agent, or with the knowledge and consent or
approval of such candidate or that candidate’s election
agent;

(b) such candidate and that candidate’s election agent took
all reasonable means to prevent the commission of a
corrupt practice or illegal practice at the election; and

(c) in all other respects the election was free from any corrupt
practice or illegal practice on the part of the candidate
or that candidate’s election agent;

the High Court or a tribunal shall not, by reason only of such corrupt
practice or illegal practice, declare that election of the candidate
void.

(4) An election shall not be declared void by reason of any act
or omission by an election officer in breach of that officer’s official
duty in connection with an election if it appears to the High Court
or a tribunal that the election was so conducted as to be substantially
in accordance with the provisions of this Act, and that such act or
omission did not affect the result of that election.

98. An election petition may be presented to the High Court
or a tribunal by one or more of the following persons:

(a) a person who lawfully voted or had a right to vote at the
election to which the election petition relates;

(b) a person claiming to have had a right to be nominated as
a candidate or elected at the election to which the
election petition relates;

(c) a person claiming to have been a candidate at the election
to which the election petition relates; and

(d) the AttorneyGeneral.

99. Any of the following reliefs may be claimed in an election
petition:

(a) a declaration that the election was void; or
(b) a declaration that any candidate was duly elected.

Electoral Process [No. 35 of 2016 751

Presentation
of election
petition

Relief which
may be
claimed in
election
petition

100. (1) An election petition shall be in such form as the Chief
Justice may by rules prescribe.

(2) An election petition shall be presented—
(a) in the case of an election of a candidate as a Member of

Parliament, to the Principal Registry or District Registry
of the High Court by lodging it with the Registrar in
accordance with this Act; or

(b) in the case of an election of a candidate as a mayor,
council chairperson or councillor, to the appropriate
tribunal by lodging it with the designated person.

(3) An election petition shall be signed by the petitioner or by
all the petitioners, if more than one, and shall be presented not later
than fourteen days after the date on which the result of the election
to which it relates is duly declared.

(4) Where an election petition is presented under this section—
(a) in the case of an election petition presented in respect of

an election of a candidate as a Member of Parliament,
the Registrar shall, in writing, inform the Speaker of the
National Assembly and the Commission of such
presentation; and

(b) in the case of an election petition presented in respect of
the election of a candidate as a mayor, council
chairperson or councillor, the designated person shall, in
writing, inform the Commission of the presentation.

101. (1) Subject to the provisions of subsection (2), the
Registrar and the designated person shall make out a list of all
election petitions presented under this Act, placing them on such
list in the order in which they are presented, and the Registrar or
the designated person, as the case may be, shall keep at the
Registrars office or the designated person’s office a copy of the
list which shall be open for inspection by any person making
application for inspection thereof.

(2) An election petition shall, unless the High Court or a tribunal
orders otherwise, be tried in the order in which it stands on the list
made out by the Registrar or designated person under subsection
(1), but where more election petitions than one are presented in
respect of the same election, the election petitions shall be bracketed
together and shall be dealt with as one petition, standing, unless the

752 No. 35 of 2016] Electoral Process

Form and
procedure
for
presentation
of election
petition

Duty of
Registrar and
designated
person to
make out list
of election
petition

High Court or a tribunal orders otherwise, in the list in the place
where the last of the election petitions would have stood if it had
been the only election petition presented in respect of that election.

102. (1) Subject to the other provisions of this Act, the Chief
Justice may make rules regulating generally the practice and
procedure of the High Court and tribunals with respect to the
presentation and trial of election petitions, including rules as to the
time within which any requirement of the rules is to be complied
with and as to the costs of and incidental to the presentation and
trial of the election petitions and as to the fees to be charged in
respect of proceedings therein, and generally as regard to any other
matter relating thereto as the Chief Justice may consider necessary
or desirable.

(2) After the presentation of an election petition, a petitioner
to it shall give such security for costs, not exceeding in amount the
sum of eight thousand fee units, as the High Court or a tribunal
may order, and such security shall be given within the time and in
the manner and form as the Chief Justice may prescribe by rules
under this section or, in the absence of the rules, as the High Court
or a tribunal may order.

(3) Where, after the presentation of an election petition, no
security for costs is given as required by or under this section, no
further proceedings shall be heard on that election petition.

103. (1) A petitioner shall not withdraw an election petition
without the leave of the High Court or a tribunal.

(2) An application for leave to withdraw an election petition
shall not be made until notice of intention to withdraw the election
petition has been given in such manner as the Chief Justice may
prescribe.

(3) Where an election petition is presented by two or more
petitioners, an application to withdraw the election petition shall not
be made except with the consent of all the petitioners to it.

(4) The High Court or a tribunal may, upon an application for
leave to withdraw an election petition, make such order as to costs
as it may consider just.

104. (1) Upon the hearing of an application under section one
hundred and three for leave to withdraw an election petition, any
person who might have been a petitioner in respect of the election
to which that election petition relates may, despite the provisions of

Electoral Process [No. 35 of 2016 753

Rules of
practice and
procedure,
security for
costs etc

Withdrawal
of election
petition

Substitution
of new
petitioners

section one hundred, apply to the High Court or tribunal to be
substituted for the petitioner applying to withdraw, and the High
Court or a tribunal may, if it grants leave to the petitioner to withdraw,
order that person (hereinafter referred to as “the substituted
petitioner”) to be substituted for the petitioner.

(2) Subject to the other provisions of this section, the substituted
petitioner shall, as nearly as may be, stand in the same position, and
be subject to the same liabilities, under this Act as the petitioner for
whom a substitution was made (hereinafter referred to as “the
original petitioner”).

(3) Where the High Court or a tribunal makes an order under
subsection (1), it may direct that the security for costs given by the
original petitioner shall remain as security for any costs caused
thereafter by the substituted petitioner upon the trial of the election
petition, and may direct that, to the extent of the amount of the
security, the original petitioner shall be liable to pay the costs of the
substituted petitioner.

(4) Unless the High Court or tribunal gives directions as in
subsection (3), section one hundred and three (1) and (2) shall
apply to the substituted petitioner as they apply in relation to a
petitioner presenting an election petition.

105. (1) If a sole petitioner or the survivor of several
petitioners dies, then subject to the provisions of this section, no
further proceedings shall be heard upon the election petition.

(2) The death of a petitioner shall not affect that petitioner’s
liability for the payment of costs previously incurred.

(3) On the abatement of an election petition under subsection
(1), any person who might have been a petitioner in respect of the
election to which that election petition relates may, despite section
one hundred and one apply to the High Court or tribunal to be
substituted as a petitioner in place of the deceased petitioner and
the High Court or a tribunal may, if it thinks fit, order that such
person be substituted accordingly.

(4) Where the High Court or a tribunal makes an order under
this section for the substitution of a person in place of a deceased
petitioner such person shall, as nearly as may be, stand in the same
position, and be subject to the same liabilities, under this Act as the

754 No. 35 of 2016] Electoral Process

Abatement
of election
petitions

deceased petitioner would have been but for the death, and section
one hundred and three (1) and (2) shall apply to the person as
they apply in relation to a petitioner presenting an election petition.

106. (1) An election petition shall be tried and determined by
the High Court or a tribunal in open court—

(a) in the case of the election of a candidate as a Mayor,
council chairperson or Councillor, within thirty days from
the date of filing an election petition; and

(b) in the case of the election of a candidate as a Member of
Parliament, within ninety days from the date of filing an
election petition.

(2) Where an election petition is not tried and determined
within the period specified in subsection (1) due to a failure by the
petitioner to actively prosecute the petition, the High Court or a
tribunal shall dismiss the petition for want of prosecution.

(3) The High Court or a tribunal may adjourn the trial of an
election petition from time to time and from place to place.

(4) Subject to the provisions of this Act, the High Court may in
respect of the trial of an election petition, exercise such powers
within its civil jurisdiction as it may deem appropriate.

(5) On the trial of an election petition, a verbatim record of all
evidence given orally in the trial shall be taken and transcripts of
the record shall, at the conclusion of the proceedings, be delivered
to the Commission by the Registrar or designated person, as the
case may be.

107. (1) On the trial of an election petition, the High Court or
a tribunal may—

(a) order a person who appears to the High Court or a tribunal
to have been concerned in the election to attend as a
witness at the trial; and

(b) examine any witness or any person who is present at the
trial although such witness or person is not called as a
witness by any party to the proceedings, except that
after the examination by the High Court or a tribunal of
a witness or person, the witness or person may be cross
examined by or on behalf of the petitioner or the
respondent.

Electoral Process [No. 35 of 2016 755

Trial of
election
petitions

Witnesses

(2) A person who is called as a witness at the trial of an election
petition shall not be excused from answering any question relating
to any offence connected with an election on the ground that the
answer thereto may tend to incriminate that person, or on the ground
of privilege.

(3) Despite subsection (2), a witness who answers to the
satisfaction of the High Court or a tribunal every question which is
required to be answered under subsection (2), and the answers to
which may tend to incriminate that witness, shall not be liable to
prosecution for any offence committed by that witness in connection
with the election and in respect of which that witness is examined
and the witness shall be entitled to receive a certificate of indemnity
under the hand of the Registrar or designated person as the case
may be, stating that the witness is freed and discharged from liability
to prosecution for that offence.

(4) Despite subsection (2), an answer by a witness to a question
before the High Court or tribunal under subsection (2) shall not,
except in the case of any criminal proceedings for giving false
evidence in respect of the evidence, be admissible in any
proceedings, civil or criminal, in evidence against that witness.

(5) Where a person has received a certificate of indemnity
under subsection (3), and any legal proceedings are at any time
brought against that person for any offence to which the certificate
relates, the court having conduct of the case shall, on proof of the
certificate of indemnity, stay the proceedings and may award to
that person such costs as that person may have been put to in the
proceedings.

(6) All reasonable expenses incurred by any person in attending
at or appearing before the High Court or a tribunal to give evidence
as a witness at the trial of an election petition shall be allowed to
that person according to the scale of allowances and expenses
appropriate in civil proceedings before the High Court.

108. (1) At the conclusion of the trial of an election petition,
the High Court or a tribunal shall determine whether the respondent,
or any other, and which, person, was duly elected, or whether the
election to which the election petition relates was void, and the
Registrar or designated person shall, as soon as is practicable, submit
a copy of such determination to—

756 No. 35 of 2016] Electoral Process

Conclusion
of trial of
election
petition

(a) in the case of an election petition in the High Court, the
Speaker of the National Assembly and the Commission;
and

(b) in the case of an election petition in a tribunal, the
Commission.

(2) Where the High Court or a tribunal determines that the
respondent was duly elected, the election shall be and remain valid.

(3) Where the High Court or a tribunal determines that the
respondent was not duly elected but that some other person was
duly elected, that other person shall be deemed to have been elected
accordingly.

(4) Where the High Court or a tribunal determines that the
respondent was not duly elected, and that no other person was
duly elected, at the election concerned, the vacancy in the
membership of the National Assembly or a Council in respect of
which that election was held shall be deemed to continue until duly
filled.

(5) Where a determination under subsection (1) alters the
results of an election as previously declared, the Commission shall
publish the results as so altered in the Gazette.

(6) Where it appears to the High Court or a tribunal upon the
trial of an election petition that any corrupt practice or illegal practice
has been committed by any person in connection with the election
to which the election petition relates, the High Court or tribunal
shall, at the conclusion of the proceedings, prepare a report stating

(a) the evidence given in the proceedings in respect of the
corrupt practice or illegal practice;

(b) the names and particulars of any person by whom the
corrupt practice or illegal practice was, in the opinion of
the High Court or a tribunal, committed;

(c) in the event that there is an appeal, the Constitutional
Court shall prepare the report, except that the Court
shall not state the name of any person under this
paragraph unless the person has been given an
opportunity of appearing before the Court and of showing
cause why that person’s name should not be so stated.

(7) The Registrar or designated person shall deliver a copy of
every report prepared by the High Court or a tribunal under
subsection (6) to—

(a) the Commission; and
(b) the Director of Public Prosecutions.

Electoral Process [No. 35 of 2016 757

(8) The Commission shall, as soon as it receives the report
under subsection (7), recommend the prosecution of the person
stated in the report by the Director of Public Prosecutions.

109. (1) Subject to the provisions of this section, costs, charges
and expenses of, and incidental to, the presentation and trial of an
election petition shall be borne in such manner and in such
proportions as the High Court or a tribunal may order and in
particular, any costs which in the opinion of the High Court or a
tribunal have been caused by any vexatious conduct or by any
frivolous or vexatious allegations or objections on the part of the
petitioner or of the respondent, may be ordered to be paid by the
party by whom such costs have been caused.

(2) Where, on the trial of an election petition, the High Court
or a tribunal determines that the respondent was not duly elected
and is of the opinion, having regard to the circumstances, that it
would be just and reasonable to relieve any party to the election
petition from all or a portion of the costs thereof, then—

(a) if the High Court or a tribunal finds that the election of the
respondent was due to a mistake or improper
performance or failure or performance of any function
bona fide made by any election officer, it may, after
sufficient notice to the Attorney-General to show cause
to the contrary, make such order as to the payment by
the State of the costs of the proceedings or a portion
thereof, as it may deem proper;

(b) if the High Court or a tribunal finds that the election of the
respondent was due to a mistake or improper
performance, or failure of performance of any function
mala fide made by any election officer, it may, after
sufficient notice to such officer to show cause to the
contrary, make such order as to the payment by such
election officer of the costs of the proceedings or a
portion thereof, as it may consider proper.

(3) The High Court or a tribunal may, on application made by
any person to whom any costs, charges or expenses are payable
under this Act, order the same to be paid out of any deposit made
to secure the same, or by any surety who gave a recognizance to
secure the same.

758 No. 35 of 2016] Electoral Process

Costs

(4) The notice of an application made pursuant to subsection
(3) shall be given, in such manner as may be prescribed by rules of
the High Court or a tribunal, to the party by or on whose behalf the
deposit was made or for whom the surety gave a recognizance,
requiring the party, or the surety and the party, as the case may be,
to state, within the time and in the manner as prescribed, whether
that party resists the application.

(5) Where, on the trial of an election petition, any person appears
to the High Court or a tribunal to have been guilty of any corrupt
practice or illegal practice relating to the election which is the subject
of the election petition, the High Court or a tribunal may, after
giving that person an opportunity of making a statement to show
cause why the order should not be made, order the whole or a
portion of the costs of, or incidental to, the trial of the election
petition to be paid by that person to such person or persons as the
High Court or a tribunal may determine.

(6) Execution may be levied under any order for payment made
by the High Court or a tribunal under this section in the same
manner and to the same extent as execution may be levied under a
judgement of the High Court or tribunal for the payment of money.

(7) Money deposited as security shall, when no longer needed
as security for costs, be returned to the person in whose name it is
deposited or to any person entitled to received the same by order
of the High Court or a tribunal which may be upon motion after
notice and proof that all just claims have been satisfied or otherwise
sufficiently provided for as the High Court or a local government
elections tribunal may require.

PART X
GENERAL PROVISIONS

110. (1) The Commission shall enforce the Code of Conduct
specified in the Schedule.

(2) The Commission may disqualify a political party or candidate
in breach of the Code.

111. (1) A person aggrieved by a decision or action taken by
a registration officer may appeal to the Commission in the prescribed
manner.

(2) The Commission shall notify the appellant of its decision
within thirty days from the date of receipt of the appeal.

Electoral Process [No. 35of 2016 759

Code of
Conduct

Appeal
against
decision of
registration
officer

112. (1) Whenever the Commission, is required under this Act
to decide an objection, dispute, complaint or an appeal, the
Commission may resolve the issue, that is the subject of the objection,
dispute, complaint or appeal, through conciliation or mediation where
applicable.

(2) The Commission shall prescribe the manner for handling
any objection, dispute, complaint or appeal under this Act.

113. (1) The Commission shall, for purposes of resolving
electoral disputes, constitute such number of conflict management
committees as the Commission may determine.

(2) A conflict management committee shall comprise, as
members, such number of conflict management officers appointed
by the Commission, as the Commission shall determine.

(3) The Chairperson of the committee shall be appointed by
the Commission and the Vice-Chairperson shall be elected by the
members from amongst themselves.

(4) Subject to subsection (5), a member of a committee shall
hold office for such period as the Commission shall determine.

(5) A member shall be paid such allowances as the Emoluments
Commission may, on the recommendation of the Commission,
determine.

(6) A committee shall meet for the transaction of business at
such places and times as the Chairperson of the Committee may
determine.

(7) The quorum at any meeting of a committee shall be one
half of the members of the committee.

(8) There shall preside at any meeting of a committee—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson;

or
(c) in the absence of both the Chairperson and the Vice-

Chairperson, such member as the members present may
elect from their number for the purposes of that meeting.

(9) The determination of any matter before a committee shall
be according to the votes of the majority of the members present
and considering the matter.

760 No. 35 of 2016] Electoral Process

Powers to
decide
objections
and appeals

Constitution
of conflict
management
committees

(10) A committee may invite any person whose presence in
its opinion is desirable to attend and to participate in the deliberations
of a meeting of the committee but such person shall have no vote.

(11) A committee shall cause minutes to be kept of the
proceedings of every meeting of a committee.

(12) The Commission shall assign persons employed in the
Commission to perform such secretarial and administrative functions
in connection with a committee as may be necessary for the
performance of its functions.

114. The Commission may authorise—
(a) the printing, manufacture or supply of any voting or election

material;
(b) the use of the register of voters or any voting or election

material for a purpose other than an election purpose;
or

(c) the removal or destruction of any voting or election
material.

115. (1) The Commission shall own all voting and election
materials used for, or provided by it in, an election.

(2) Unless the Constitutional Court, the High Court or a tribunal
orders otherwise, the Commission may dispose of the voting and
election materials used in a particular election six months after the
date on which the final result of the election was declared, in the
manner directed by the Commission.

116. A mistake in the certified segment of the register of voters
under this Act shall not invalidate that register of voters.

117. Where this Act requires that documents be publicised, or
made available for inspection or copying, the Commission shall
endeavour to also publicise or make available those documents in
electronic form.

118. Whenever a person has become subject to any incapacity
under this Act by reason of a conviction or by reason of any
declaration or report of any court, and any witness who gave
evidence against such person upon the proceeding for such
conviction, declaration or report is convicted of perjury in respect
of that evidence, such person may apply to the High Court or a
tribunal which, if satisfied that the conviction, declaration or report,
so far as it concerns that person, was based upon perjured evidence,
may order that, that person’s incapacity shall from that time cease,
and the same shall cease accordingly.

Electoral Process [No. 35 of 2016 761

Printing,
manufacture,
use, removal
etc., of
election
materials

Ownership
of voting and
election
material and
disposal

Effect of
certain
irregularities
Inspection
and copying
of
documents

When
incapacity
may be
removed

119. A person who has voted at an election shall not in any
proceedings, whether brought under this Act or otherwise, be
required, to state for whom the person voted.

120. Upon any charge of a corrupt practice or an illegal
practice, or any other offence against this Act, alleged to have
been committed at or in connection with an election, the certificate
of a returning officer that the election mentioned therein was being
or had been held shall be sufficient evidence of the fact that such
election was being or had been held.

121. A misnomer or inaccurate description of a person or place
in a register, nomination paper, notice or other document required
for the purposes of this Act shall not affect the full operation of the
document with respect to that person or place in any case where
the description of the person or place is such as to be commonly
understood.

122. (1) An officer may, during the campaign period and on
polling day, enter any area, place and premises in which the officer
reasonably believes there is being, or had been carried on, an activity
that is an offence under this Act, except that an officer shall not
enter into a private dwelling without the consent of the occupant or
the authority of a court warrant.

(2) An officer may request any information from any person
who appears to have custody or control of any material or thing
which the officer reasonably believes is being used, or was intended
to be used or is likely to be used, to commit an offence under this
Act.

(3) An officer may seize or detain any material or thing where
the officer has reasonable ground to believe that the material or
thing is being used, was intended to be used or is likely to be used,
to commit an offence under this Act.

123. (1) A police officer may, without warrant, arrest a
person and keep that person in custody where—

(a) the person is found committing an offence or is reasonably
suspected of having committed an offence under this
Act; or

(b) upon being requested by the police officer, the person
wilfully, fails or refuses to furnish that person’s name,
address or other relevant information to the satisfaction
of the police officer; and

762 No. 35 of 2016] Electoral Process

Person not
required to
state how
person voted

Evidence as
to holding of
election

Validation of
certain
documents

Powers of
officer

Power of
arrest

(c) the police officer has reasonable grounds to believe that
unless arrested, the person shall—

(i) escape or cause unreasonable delay to or trouble
during or for, the election;

(ii) interfere with witnesses; or
(iii) tamper with or destroy relevant evidence or

material.

(2) Any person arrested under subsection (1), shall be taken
before a court within fortyeight hours, and shall not be detained for
longer than is reasonably necessary for the purpose.

124. A person who is convicted of an offence under this Act
for which a penalty is not prescribed is liable, upon conviction—

(a) for a first offence, to a fine not exceeding five hundred
thousand penalty units or to a term of imprisonment not
exceeding five years, or to both;

(b) for a second or subsequent offence, to a fine not exceeding
seven hundred thousand penalty units or to a term of
imprisonment not exceeding seven years, or to both.

125. (1) Subject to the provisions of the Constitution and this
Act, the Commission may, by statutory instrument, make regulations
providing for the registration of voters for the purposes of elections
and for the procedure and manner of conducting elections.

(2) Without prejudice to the generality of subsection (1), the
Commission may, by statutory instrument, make regulations
providing for all or any of the following matters:

(a) the registration of voters;
(b) the preparation of, and the form of, registers to be used in

the registration of voters;
(c) the manner of ascertaining whether persons applying for

registration as voters are qualified for registrations or
for their inclusion in a register for a particular
constituency;

(d) the making and determination of appeals, claims and
objections with respect to the registration of voters;

(e) voter education;
(f) the correction, amendment and certification of registers

of voters;

Electoral Process [No. 35 of 2016 763

General
penalty

Regulations
Cap. 1

(g) the manner in which the name of any person may be
deleted from a register of voters, the transfer of the
names of persons from the register of voters of one
polling district to that of another polling district and the
restoration of the name of a registered voter;

(h) the manner and form for nomination of candidates for
any election that a candidate at a direct election for the
National Assembly is the authorised candidate of a
political party;

(i) the publication of the names of candidates whose
nominations are accepted;

(j) the payment of election fees by candidates, and the
circumstances in which such fees are to be returned.

(k) the use of symbols at an election;
(l) the manner and procedure of voting at an election;
(m) the manner of ascertaining the identity of persons wishing

to vote at elections and whether such persons are
qualified to vote;

(n) the administering of oaths by election officers in respect
of such matters as may be prescribed;

(o) the procedure to be followed at the conclusion of a poll in
an election;

(p) for the purpose of declaring any candidate duly elected,
the procedure to be followed where there is an equality
of votes between candidates in an election for members
of the National Assembly or Council;

(q) the procedure to be followed where only one person is
duly nominated for election to the office of President,
in a constituency for election to the National Assembly
or in an election to a Council;

(r) the declaration, notification and publication of the results
of an election;

(s) the custody and disposal of nomination papers, ballot
papers, records, documents or other things relating to
the registration of voters and the conduct of elections;

(t) election expenses and the return of election expenses;
(u) the notification and publication of any casual vacancy in

the elected membership of the National Assembly or a
Council and the fixing of a date of an election to fill
such vacancy;

764 No. 35 of 2016] Electoral Process

(v) the forms and records to be used for any of the purposes
of this Act;

(w) the delimitation of provinces, constituencies, wards and
polling districts; and

(x) any matter to be prescribed by or under this Act.

(3) Separate regulations may be made in respect of each
category of elections.

(4) Regulations under this section may provide in respect of
any contravention thereof that the offender shall be liable to a fine
not exceeding two hundred thousand penalty units or to a term of
imprisonment not exceeding two years, or to both.

(5) A prosecution for an offence against this Act shall not be
commenced after the lapse of one year from the date on which the
offence is alleged to have been committed.

126. The Electoral Act, 2006, is repealed.

Electoral Process [No. 35 of 2016 765

Repeal of
Act No.12 of
2006

SCHEDULE
(Section 107)

CODE OF CONDUCT
1. (1) A person has, subject to paragraph (2), the right to—

(a) express political opinions;
(b) debate the policies and programmes of political parties;
(c) canvas freely for membership and support from voters;
(d) distribute election literature and campaign materials;
(e) publish and distribute notices and advertisements;
(f) erect banners, placards and posters;
(g) campaign freely;
(h) participate freely in partisan political activities; and
(i) seek the protection of the law from harm as a result of

that person’s political opinion or affiliation.

(2) A public officer shall not engage in any active partisan
political activity referred to in subparagraph (1) whilst in the public
service.

2. A person shall, during an election campaign or election,
promote conditions conducive to the conduct of free and fair
elections and be bound by this Code.

3. (1) The Commission shall, where reasonable and practicable
to do so—

(a) meet political party representatives on a regular basis to
discuss matters of concern related to on election
campaign and election itself;

(b) ensure that political parties do not use State resources to
campaign for the benefit of any political party or
candidate;

(c) avail political parties with the election timetable and election
notices in accordance with the Act;

(d) censure acts done by leaders of political parties, candidates,
supporters, and Government and its organs, which are
aimed at jeopardising elections or done in contravention
of this Code;

(e) declare election results expeditiously from the close of
the election day;

766 No. 35 of 2016] Electoral Process

Enforcement
of
Code

Promotion of
free and fair
elections

Duty of
Commission

(f) ensure that a campaign rally or meeting which is legally
organised by a political party is not disrupted or arbitrarily
prohibited;

(g) ensure that an election officer, police officer, monitor,
observer or media person is not victimised in the course
of their election duties;

(h) ensure that police officers act professionally and impartially
during the electoral process;

(i) ensure that traditional leaders do not exert undue influence
on their subjects to support a particular political party or
candidate;

(j) ensure that equal opportunity is given to all stakeholders,
particularly political parties and independent candidates
to participate in and conduct their political activities in
accordance with the law; and

(k) condemn acts of media organisations and personnel aimed
at victimisation, punishment or intimidation of media
practitioners implementing any of the provisions of this
Code.

(2) A member of the Commission may attend political rallies
to monitor compliance with this Code.

4. (1) A political party and candidate shall—
(a) establish and maintain effective lines of communication

with the Commission and with other registered political
parties and candidates, at national, political and local
level, including the provision of names and the contact
details and addresses of or a candidate’s party election
agents and of other relevant office bearers and
representatives;

(b) accept and respect decisions of the Commission in respect
of election results announced by returning officers and
the Commission in accordance with the law;

(c) issue directives to their members and supporters to observe
this Code and take any necessary steps to ensure
compliance;

(d) hold public meetings in compliance with the law;
(e) adhere to the election timetable issued by the Commission

in conducting election campaigns in accordance with
this Act;

Electoral Process [No. 35 of 2016 767

Obligation of
Political
Party and
candidate
during
election

(f) take appropriate measures to ensure environmental
protection and cleanliness in the course of posting or
distributing electoral campaign material;

(g) remove campaign materials within fourteen days of the
declaration of election results;

(h) take necessary measures to ensure public safety in the
course of posting or distributing electoral campaign
material; and

(i) carry out campaign meetings and rallies peacefully.

(2) A member or supporter of a political party or a candidate
shall not—

(a) use language which incites hatred or violence in any form
against any person;

(b) issue any pamphlet, newsletter, poster or other propaganda
which contains materials that incite people to violence
or rebellion;

(c) deface, remove or destroy campaign materials of another
political party or publications of the Commission;

(d) disrupt another political party’s rally, meeting, march or
demonstration or seek to obstruct another person from
attending a political rally of another political party;

(e) continuously remain at a polling station during the campaign
period or elections; and

(f) wear any campaign materials within four hundred metres
of the polling station on the polling day.

(3) Without prejudice to any other written law, any person who
contravenes subparagraph (2) commits an offence and shall be
liable upon conviction to a fine not exceeding one hundred thousand
penalty units or to imprisonment not exceeding one year, or to both.

5. (1) An election agent or polling agent shall, subject to this
Code, have the following duties during an election:

(a) observe the opening and closing of a polling station
assigned to them on polling day;

(b) witness the voting process;
(c) witness the count of ballot papers for candidates;
(d) witness the announcement of results; and
(e) witness the declaration of results, where applicable.

768 No. 35 of 2016] Electoral Process

Duty of
election agent
or polling
agent during
election

(2) An election agent or polling agent shall counter sign the
election results duly announced or declared by a presiding officer
or returning officer, as the case may be, except that failure to
countersign the election results by such election agent or polling
agent shall not render the results invalid.

6. The Zambia Police Service shall—
(a) enforce law and order at campaign meetings and

processions in order to maintain peace and order;
(b) ensure that police officers do not abuse their authority or

Government resources to campaign for the benefit of
any political party or candidate;

(c) refrain from disrupting any campaign, rally or meeting
which is legally convened by any political party; and

(d) ensure that police officers do not use their office to oppress
any political party, candidate or supporter.

7. (1) Print and electronic media shall—
(a) provide fair and balanced reporting of the campaigns,

policies, meetings, rallies and press conferences of all
registered political parties and candidates during the
campaign period;

(b) provide news of the electoral process up to the declaration
of results;

(c) abide by regional codes of conduct in the coverage of
elections provided that such guidelines are not in conflict
with this Code;

(d) be bound by the provisions of this Code during elections;
and

(e) in liaison with the Commission, recognise a representative
media body authorised to receive complaints and provide
advice regarding fair coverage of elections.

(2) A media organisation shall endeavour to—
(a) undertake capacity building of media personnel in their

respective organisations;
(b) report election news in an accurate manner and not make

any abusive editorial comment, incite violence or
advocate hatred based on race, ethnicity, tribe, gender,
sex, political or religious conviction; and

(c) identify any editorial comment it intends to make and
separate it from the factual reporting of the news.

Electoral Process [No. 35 of 2016 769

Duties of
Zambia
Police

Duties of
media

(3) The heads, senior management and staff of public and
private media organisations shall not intimidate media practitioners
and shall allow them to exercise professional judgment without
undue influence.

(4) Public and private media personnel shall—
(a) conduct interviews with candidates with fairness both in

the style of the interview and in the amount of the time
given;

(b) refrain from broadcasting their own political opinions,
commentary or assessment, and where they do so,
clearly identify the opinion, commentary or assessment
as their own and carefully balance it in order to avoid
bias; and

(c) be duly accredited by the Commission to enter a
nomination centre, polling centre or totalling centre.

8. (1) A public television, radio and electronic media shall
allocate public air time equally to all political parties and candidates
for their political broadcasts.

(2) The Commission shall prescribe the amount of air time in
any given language on public television or radio to be allocated to a
political party or candidate.

(3) On polling day, media shall not broadcast any campaign
interviews for political parties or independent candidates or predict
election results.

(4) Broadcasters shall inform the public on the source of any
public opinion poll and shall indicate the margin of error.

9. (1) Media shall disclose accurate election results and provide
updates on the progress of the vote counting process and shall not
speculate election results but shall broadcast confirmed election
results as they are announced and published by presiding officers.

(2) Television and radio stations shall—
(a) maintain full records of all radio and television news

bulletins and recordings of all other programmes related
to the election, including party political broadcasts and
shall institute a close and meticulous monitoring system
to ensure balance throughout the campaign and up to
the close of poll; and

770 No. 35 of 2016] Electoral Process

Allocation
of air time

Election
results
programme

(b) provide the Commission, at any reasonable time, with such
records, information and recordings as the Commission
may require to fulfill its monitoring role.

(3) The Commission shall require newspapers to make
available archived copies of newspapers for inspection in the event
of a complaint.

(4) A candidate or political party who alleges that the candidate
or political party has been unfairly treated or covered by any media
organisation in the course of the election campaign, may lodge a
complaint against the media organisation, in writing, to the
Commission.

(5) Where a complaint made under subparagraph (4) requires
any media organisation to rectify an error, the candidate or political
party making the complaint shall send the complaint to that media
organisation and a copy of the complaint to the Commission and
the media organisation shall respond to the complaint.

(6) Where a right of reply, a retraction or the correction of a
matter of significance is necessary, it shall be made in a like manner
and with equal prominence as the original report or publication.

10. (1) A person shall not act as a monitor or observer, during
an election campaign or election unless the person is duly accredited
by the Commission.

(2) A monitor shall be nominated by the organisation to which
the monitor belongs and shall undergo training and assessment by
that organisation.

(3) A monitor or observer shall be provided with necessary
identification by the Commission and the monitor’s or observer’s
organisations.

(4) A monitor or observer shall discharge monitors or
observer’s functions in accordance with this Code and any other
written law or such lawful directives as may be given by the
Commission or any person acting on its behalf.

(5) A monitor or observer shall—
(a) bring to the attention of the presiding officer or returning

officer or member of the Commission any observed
electoral malpractice;

Electoral Process [No. 35 of 2016 771

Monitors
and
observers

(b) be impartial in the conduct of the monitor’s or observer’s
duty and shall, at no time, publicly indicate or express
any bias or preference with reference to any political
party or candidate;

(c) be in a sufficient number at each polling station and shall
ensure that their presence is widely known and
recognised by the electorate;

(d) not interfere with the duties of the election officials in any
way and shall immediately report any violation to the
proper authority;

(e) ensure that any material information or report which the
monitor or observer receives or any event, occurrence
or statement of which the monitor or observer has been
notified or which indicates the commission of an offence
or contravention of the Act or this Code are brought to
the attention of the monitor’s or observer’s organisations,
the police, the Commission, conflict management
committees and other parties concerned;

(f) not by themselves or through the monitor’s or observer’s
organisation, forecast, declare or disclose the result of
any election before the declaration by the Commission;

(g) when so requested, immediately identify themselves to
any election officer or police officer and shall, during
the conduct of the monitor’s or observer’s activities, at
all times carry, wear or otherwise prominently display
the identification issued by the Commission;

(h) not display allegiance to any political party at any time
and shall refrain from carrying, wearing and displaying
electoral material or any article of clothing, colours,
badges or other items denoting support for or opposition
to any political party or candidates or any of the issues
in contention in the elections;

(i) not be involved in corrupt practices or accept any favours,
so as to make statements in favour of or against any
candidate or political party; and

(j) not carry or display arms or other dangerous weapons
during the conduct of the monitor’s or observer’s
activities or while wearing the identification issued by
the Commission.

772 No. 35 of 2016] Electoral Process

(6) Monitors and observers and their sponsoring organisations
shall, whenever requested by the Commission, attend such briefings,
training workshops and other meetings convened in order to co
ordinate their activities.

(7) After the declaration of results of the elections, monitors
and observers shall hand over to the Commission any identification
received from it.

(8) The Commission may revoke the accreditation of any
monitor or observer who contravenes the provisions of this Code.

11. (1) The Commission may—
(a) reprimand a political party, candidate or stakeholder for

any conduct in violation of this Code;
(b) report a breach of this Code to the Zambia Police Service,

Anti-Corruption Commission and Drug Enforcement
Commission or any other relevant law enforcement
agency;

(c) revoke the accreditation of election agents, polling agents,
monitors observers or the media where it is necessary
in the interest of public safety and security to do so; and

(d) impose any administrative measures on any person,
candidate or political party for persistent breach of this
code.

(2) The Commission may where practicable to do so, summon
any person contravening this Code and any voter, candidate or
political party alleging a breach to appear before it.

12. (1) The following persons may lodge a complaint to the
Commission in relation to an election:

(a) a voter or candidate in a constituency where a breach of
this Code has been committed; or

(b) from a political party participating in an election.

(2) Complaints arising during election campaigns and elections
may be made to an election officer or to a conflict management
committee at the place where the conduct complained against
occurred.

(3) The Commission may refer and report any violation of the
Code to the Zambia Police Service, AntiCorruption Commission or
any other appropriate law enforcement agency for investigation
and prosecution where appropriate.

Electoral Process [No. 35 of 2016 773

Powers of
Commission

Complaints

13. (1) Conflict management committees established by the
Commission pursuant to section one hundred and eight may
resolve electoral disputes.

(2) The conflict management committees shall take into
account the provisions of this Code in resolving electoral disputes.

(3) Conflict management committees shall mediate in electoral
disputes and shall encourage amicable settlement of electoral
disputes within twentyfour hours of receipt of a formal complaint.

14. A person or a member of a law enforcement agency, civil
society, a Church, faith-based organisation, traditional leader, political
party or media shall not, by means of threats, violence or sanction,
coerce or intimidate another person during campaigns, public
debates or elections.

15. (1) A person shall not—
(a) cause violence or use any language or engage in any

conduct which leads or is likely to lead to violence or
intimidation during an election campaign or election;

(b) carry or display arms or weapons, traditional or otherwise,
of any kind at a political meeting or in the course of any
march, demonstration or other public gathering of a
political nature;

(c) make false, defamatory or inflammatory allegations
concerning any person or political party in connection
with an election;

(d) arrange a public meeting, demonstration, rally or march
at the same time and venue as another similar political
event organised by another political party or candidate;

(e) prevent the reasonable access to voters of any candidate
or political party in any manner for the purposes of
conducting voter education, fund raising, canvassing
membership or soliciting support;

(f) plagiarise the symbols, colours or acronyms of candidates
or other political parties;

(g) deface, remove or destroy any political campaign materials
of any person or political party or publications of the
Commission;

(h) offer any inducement, reward or bribe to any person in
consideration of such person—

774 No. 35 of 2016] Electoral Process

Conflict
management
committee

Prohibition
on
coercion and
intimidation

General
offence

(i) joining or not joining any political party;
(ii) attending or not attending any political event;
(iii) voting or not voting;
(iv) accepting, refusing or withdrawing that person’s

domination as a candidate in an election;
(v) surrendering that person’s voter’s card, or national

registration card or both; or
(vi) offering to surrender a voter’s card or national

registration card, or both;
(i) abuse or attempt to abuse a position of power, privilege or

influence, including parental, patriarchal or traditional
authority for political purposes including any offer of a
reward or for the issuance of a threat;

(j) propagate any opinion or action which is prejudicial to—
(i) the sovereignty, integrity or security of the country;
(ii) the maintenance of public order; or
(iii) the independence of any institution;

(k) use Government or parastatal transportation or facilities
for campaign purposes, except that this paragraph shall
not apply to the President and the Vice President in
connection with their respective offices;

(l) use Government transportation or resources or facilities
to transport voters to polling stations;

(m) discriminate against any person on grounds of race,
ethnicity, class, disability, gender, sex, religion or in any
other manner in connection with an election or political
activity;

(n) carry any statue, caricature or anything which tends to
ridicule, revile or scandalise any political party or its
leader, a candidate or the Government, at any public
political gathering, meeting or procession; and

(o) be in possession of a voter’s card or national registration
card belonging to another person during the campaign
period.

(2) A person who contravenes subparagraph (1) commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both.

Electoral Process [No. 35 of 2016 775

16. A person who contravenes any provision of this Code for
which no specific penalty is provided commits an offence and is
liable, upon conviction, to a fine not exceeding two hundred thousand
penalty units or to imprisonment for a period not exceeding two
years, or to both.

17. The Electoral (Code of Conduct) Regulations, 2006, are
revoked.

776 No. 35 of 2016] Electoral Process

General
Penalty

Revocation
of
SI No. 90 of
2006