Electoral Process (Amendment) Act, 2021

An Act to amend the Electoral Process Act, 2016. [20th May, 2021
ENACTED by the Parliament of Zambia. 1. This Act may be cited as the Electoral Process
(Amendment) Act, 2021, and shall be read as one with the Electoral
Process Act, 2016, in this Act referred to as the principal Act. 2. Section 2 of the principal Act is amended by the insertion of
the following new definitions in the appropriate places in alphabetical
order:
“ correctional centre” has the meaning assigned to the words
in the Zambia Correctional Service Act, 2021;
“correctional officer” has the meaning assigned to the words
in the Zambia Correctional Service Act, 2021;
“inmate” has the meaning assigned to the word in the Zambia
Correctional Service Act, 2021;
“legally disqualified” means the absence of legal capacity as
provided in section 4 of the Mental Health Act;
“officer-in-charge” has the meaning assigned to the word in
the Zambia Correctional Service Act, 2021;
“prison” has the meaning assigned to the word in the Zambia
Correctional Service Act, 2021;; and
“State institution” has the meaning assigned to the words in
the Constitution;. 3.

gned to the word in the Zambia
Correctional Service Act, 2021;; and
“State institution” has the meaning assigned to the words in
the Constitution;. 3.

The principal Act is amended by the repeal of section 9 and
the substitution therefor of the following:
Electoral Process (Amendment) [No. 32 of 2021 257
Enactment
Short title
Amendment
of section 2
Act No. 37
of 2021
Act No. 37
of 2021
Act No. 35
of 2016
Act No. 37
of 2021
Act No. 6 of
2019
Act No. 37
of 2021
Act No. 37
of 2021
Repeal and
replacement
of section 9
Cap. 1
GOVERNMENT OF ZAMBIA
ACT
No. 32 of 2021
Date of Assent: 19th May, 2021
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K8.00 each.

Date of Assent: 19th May, 2021
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K8.00 each.

258 No. 32 of 2021] Electoral Process (Amendment)
9. The Commission shall not register a person as a voter if
that person is—
(a) not a citizen;
(b) not in possession of a national registration card; or
(c) legally disqualified. 4. The principal Act is amended by the insertion of the
following new sections immediately after section 24:
24A. (1) Where the Commission establishes a
polling station at a prison or correctional centre under
section 24, that polling station shall be used by an inmate
or correctional officer and member of the public as the
Commission may determine. (2) A correctional officer may, as far as is
practicable, facilitate the transfer of an inmate to a
polling station designated by the Commission. 24B.

(2) A correctional officer may, as far as is
practicable, facilitate the transfer of an inmate to a
polling station designated by the Commission. 24B.

An officer-in-charge of a prison or
correctional centre shall grant access to a prison or
correctional centre to the following:
(a) the Commission for the purposes of conducting
electoral processes;
(b) a candidate in an election for the purposes of
distributing campaign material in a prescribed
manner;
(c) an accredited polling agent, observer and monitor
for the purpose of observing or monitoring an
election; and
(d) a member of the public for the purposes of voting. 5. Section 29 of the principal Act is amended in—
(a) subsection (1) by the deletion of the words “and public
entity” and the substitution therefor of the words “or
State institution”; and
(b) subsection (2) by the deletion of the words “and political
party” and the substitution therefor of the words “or
political party”. 6. The principal Act is amended by the repeal of section
47. Disqualification
from registration
as voter
Access to
polling station
in prison
Insertion of
section 24A and
24B
Access to
prison or
correctional
centre
Amendment of
section 29
Repeal of section
47

ess to
polling station
in prison
Insertion of
section 24A and
24B
Access to
prison or
correctional
centre
Amendment of
section 29
Repeal of section
47

7. Section 89(1) of the principal Act is amended by the
insertion of the following new paragraph immediately after
paragraph (n):
(o) without lawful authority announce and declare the results
of an election.
8. Section 125(2) of the principal Act is amended by the —
(a) insertion of the following new paragraph immediately after
paragraph (w):
(x) the electoral processes at prisons and correctional
centres; and
(b) renumbering of paragraph (x) as paragraph (y).
Electoral Process (Amendment) [No. 32 of 2021 259
Amendment
of section 89
Amendment
of section
125

260