The Electoral Commission of Zambia

THE ELECTORAL COMMISSION OF ZAMBIA ACT,
2016
A RRANGEMENT OF SECTIONS
PART I
PRELIMINARY P ROVISIONS
Section
1. Short title
2. Interpretation
PART II
T HE ELECTORAL C OMMISSION O F ZAMBIA
3. Seal of Commission
4. Functions of Commission
5. Composition of Commission
6. Proceedings of Commission
7. Committees
8. Emoluments
9. Chief Electoral Officer and other staff
10. Disclosure of interest
11. Prohibition of publication or disclosure of information to
unauthorised persons
12. Oath on appointment
13. Immunity
PART III
F INANCIAL PROVISIONS
14. Funds of Commission
15. Financial year
16. Accounts and audit
17. Annual report
PART IV
GENERAL P ROVISIONS
18. General offences
19. Regulations
20. Repeal of Cap. 17
21. Transitional provisions
22. Legal proceedings
23. Staff of Electoral Commission
Electoral Commission of Zambia [No. 25 of 2016 577
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K28.00 each.

of Zambia [No. 25 of 2016 577
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K28.00 each.

An Act to provide for the membership, functions, operations
and financial management of the Electoral Commission
of Zambia; repeal and replace the Electoral Commission
Act, 1996; and provide for matters connected with, or
incidental to, the foregoing
[7th June, 2016
ENACTED by the Parliament of Zambia.
PART I
P RELIMINARY P ROVISIONS
1. This Act may be cited as the Electoral Commission of
Zambia Act, 2016.
2. In this Act, unless the context otherwise requires—
“associate” has the meaning assigned to it in the Anti-
Corruption Act, 2012;
“Chairperson” means the person appointed Chairperson of
the Commission under section five;
“Chief Electoral Officer” means the person appointed Chief
Electoral Officer of the Commission under section nine;
“Commission” means the Electoral Commission of Zambia
established under Article 229 of the Constitution;
“Electoral Commission” means the Electoral Commission
provided for under the repealed Act;
Enactment
Short title
Interpretation
Act No. 3 of
2012
Cap. 1
Cap. 17
Electoral Commission of Zambia [No. 25 of 2016 579
GOVERNMENT OF ZAMBIA
ACT
No. 25 of 2016
Date of Assent: 6th June, 2016

No. 3 of
2012
Cap. 1
Cap. 17
Electoral Commission of Zambia [No. 25 of 2016 579
GOVERNMENT OF ZAMBIA
ACT
No. 25 of 2016
Date of Assent: 6th June, 2016

“emoluments” has the meaning assigned to it in the
Constitution;
“Emoluments Commission” means the Emoluments
Commission established under Article 232 of the
Constitution;
“function” has the meaning assigned to it in the Constitution;
“member” means a person appointed as a member of the
Commission under section five;
“oath” has the meaning assigned to it in the Constitution;
“relative” means—
(a) a person’s son, daughter, brother, sister, nephew,
niece, parent, uncle, aunt, grandparent or cousin;
and
(b) a person’s spouse or the spouse of any of the
persons mentioned in paragraph (a);
“repealed Act” means the Electoral Commission Act, 1996;
“State organ” has the meaning assigned to it in the Constitution;
“superior court” has the meaning assigned to it in the
Constitution; and
“Vice-Chairperson” means the person appointed Vice-
Chairperson of the Commission under section five. PART II
THE ELECTORAL C OMMISSION O F ZAMBIA
3. (1) The seal of the Commission shall be such device as
may be determined by the Commission and shall be kept by the
Chief Electoral Officer.

ZAMBIA
3. (1) The seal of the Commission shall be such device as
may be determined by the Commission and shall be kept by the
Chief Electoral Officer.

(2) The affixing of the seal shall be authenticated by the
Chairperson or the Vice-Chairperson and the Chief Electoral Officer
or any other person authorised in that behalf by a resolution of the
Commission. (3) A contract or instrument which, if entered into or executed
by a person not being a body corporate, would not be required to
be under seal may be entered into or executed without seal on
behalf of the Commission by the Chief Electoral Officer or anyother
person generally or specifically authorised by the Commission in
that behalf. (4) A document purporting to be under the seal of the
Commission or issued on behalf of the Commission shall be received
in evidence and shall be deemed to be so executed or issued, as the
case may be, without further proof, unless the contrary is proved. Seal of
Commission
Cap. 1
Cap. 1
Cap. 1
Cap. 1
Cap. 17
Cap.1
Cap.1
580 No. 25 of 2016] Electoral Commission of Zambia

, unless the contrary is proved. Seal of
Commission
Cap. 1
Cap. 1
Cap. 1
Cap. 1
Cap. 17
Cap.1
Cap.1
580 No. 25 of 2016] Electoral Commission of Zambia

4. (1) Subject to the Constitution, the Commission shall direct,
supervise and control elections in a fair and impartial manner.

4. (1) Subject to the Constitution, the Commission shall direct,
supervise and control elections in a fair and impartial manner.

(2) Without prejudice to the generality of subsection (1), the
functions of the Commission are to—
(a) ensure that elections are free and fair;
(b) promote conditions conducive to free and fair elections;
(c) promote democratic electoral processes;
(d) supervise and control the registration of voters for the
purposes of an election;
(e) supervise the preparation, publication and maintenance of
a national voters’register and local authority voters’
register;
(f) adjudicate disputes that may arise from the organisation,
administration or conducting of elections, which are of
an administrative nature;
(g) conduct education and information programmes to promote
public awareness of electoral and parliamentary matters;
(h) provide information and advice on electoral matters to
State organs;
(i) conduct and promote research into electoral matters and
other matters that relate to its functions;
(j) establish and maintain liaison and cooperation with political
parties; and
(k) do all such other things as are necessary or incidental to
the performance of its functions under this Act.

ooperation with political
parties; and
(k) do all such other things as are necessary or incidental to
the performance of its functions under this Act.

(3) The Commission may, in furtherance of its
functions—
(a) collect any information that it considers necessary for the
performance of its functions under the Constitution and
this Act;
(b) undertake consultations, public hearings and inquiries for
purposes of performing its functions under the
Constitution and this Act; and
(c) receive written or oral statements from any person or
organisation for purposes of its functions under this Act. 5. (1) The Commission consists of the following full-time
members appointed by the President, subject to ratification by the
National Assembly:
Functions of
Commission
Cap. 1
Cap. 1
Cap. 1
Composition
of
Commission
Electoral Commission of Zambia [No. 25 of 2016 581

on by the
National Assembly:
Functions of
Commission
Cap. 1
Cap. 1
Cap. 1
Composition
of
Commission
Electoral Commission of Zambia [No. 25 of 2016 581

(a) the Chairperson;
(b) the Vice-Chairperson; and
(c) three other members;
(2) A person qualifies for appointment as the Chairperson or
Vice-Chairperson if that person has held, or is qualified to hold, the
office of judge of a superior court. (3) A member of the Commission shall hold office for a term
of seven years and may be re-appointed for a further term of seven
years. (4) A member may resign upon giving one month’s notice, in
writing, to the President. (5) The office of a member becomes vacant if the member—
(a) dies;
(b) resigns;
(c) is absent, without reasonable excuse, from three
consecutive meetings of the Commission of which the
member has had notice without the approval of the
Commission;
(d) is adjudged bankrupt;
(e) is convicted of an offence under this Act or any other
written law and sentenced to imprisonment for aperiod
exceeding six months without the option of a fine;
(f)is removed by the President; or
(g) is mentally or physically incapable of performing the duties
of a member.

months without the option of a fine;
(f)is removed by the President; or
(g) is mentally or physically incapable of performing the duties
of a member.

(6) A member shall, on the expiration of the period for which
the member is appointed, continue to hold office until a successor
is appointed, but in no case shall the further period exceed four
months. (7) Whenever the office of a member becomes vacant before
the expiry of the term of office, the President may appoint another
person to be a member in place of the member who vacates the
office for the unexpired term of that office. 6. (1) Subject to the other provisions of this Act, the
Commission may regulate its own procedure. (2) The Commission shall meet for the transaction of business
at least once in every three months at such places and times as the
Commission may determine. Proceedings
of
Commission
582 No. 25 of 2016] Electoral Commission of Zambia

ry three months at such places and times as the
Commission may determine. Proceedings
of
Commission
582 No. 25 of 2016] Electoral Commission of Zambia

(3) A meeting of the Commission may be called by the
Chairperson upon giving notice of not less than fourteen days and
shall be called by the Chairperson if one-third or more of the
members so request in writing, except that if the urgency of any
particular matter does not permit the giving of such notice, a special
meeting may be called upon giving a shorter notice. (4) Five members shall form a quorum at a meeting of the
Commission. (5) There shall preside at a meeting of the Commission—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson;
and
(c) in the absence of the Chairperson and the Vice-
Chairperson, such other member as the members
present may elect for the purposes of that meeting. (6) A decision of the Commission on any question shall be by
a majority of the members present and voting at the meeting and in
the event of an equality of votes, the person presiding at the meeting
shall have a casting vote in addition to that person’s deliberative
vote.

nd in
the event of an equality of votes, the person presiding at the meeting
shall have a casting vote in addition to that person’s deliberative
vote.

(7) Where a member is for any reason unable to attend any
meeting of the Commission, the member may, in writing, nominate
another person from the same organisation to attend such meeting
in that member’s stead and such person shall be deemed to be a
member for the purpose of that meeting. (8) The Commission may invite a person, whose presence is
in its opinion desirable, to attend and to participate in the deliberations
of the meeting of the Commission, but that person shall have no
vote. (9) The validity of any proceedings, acts or decisions of the
Commission shall not be affected by any vacancy in the membership
of the Commission or by any defect in the appointment of any
member or by reason that any person not entitled to do so took part
in the proceedings. (10) The Commission shall cause minutes to be kept of the
proceedings of every meeting of the Commission and every meeting
of any committee of the Commission. Electoral Commission of Zambia [No. 25 of 2016 583

roceedings of every meeting of the Commission and every meeting
of any committee of the Commission. Electoral Commission of Zambia [No. 25 of 2016 583

7. (1) The Commission may, for the purpose of performing
its functions under this Act, establish such committees as it considers
necessary and delegate to any of those committees such of its
functions as it considers fit. (2) The Commission may appoint as members of a committee,
persons who are or are not members, except that at least one
member of a committee shall be a member. (3) A person serving as a member of a committee shall hold
office for such period as the Commission may determine. (4) Subject to any specific or general direction of the
Commission, a committee may regulate its own procedure. 8. A member of the Commission or any committee of the
Commission shall be paid such emoluments as the Emoluments
Commission may determine. 9. (1) There shall be a Chief Electoral Officer of the
Commission who shall be appointed by the Commission.

s the Emoluments
Commission may determine. 9. (1) There shall be a Chief Electoral Officer of the
Commission who shall be appointed by the Commission.

(2) The Chief Electoral Officer shall be the chief executive
officer of the Commission, and subject to the general and specific
directions of the Commission shall—
(a) be responsible for the day-to-day administration and
management of the Commission;
(b) be an ex-officio member of the Commission; and
(c) exercise the functions conferred upon the Chief Electoral
Officer by, or under, this Act. (3) The Commission shall, on such terms and conditions as it
may determine, appoint such other staff and officers of the
Commission as are necessary for purposes of this Act. 10. (1) A person who is present at a meeting of the
Commission or any committee of the Commission at which any
matter is the subject of consideration, and in which matter that
person or that persons relative or associate is directly or indirectly
interested in a private capacity shall, as soon as is practicable after
the commencement of the meeting, declare such interest and shall
not, unless the Commission or the committee otherwise directs,
take part in any consideration or discussion of, or vote on, any
question relating to that matter.

the Commission or the committee otherwise directs,
take part in any consideration or discussion of, or vote on, any
question relating to that matter.

(3) A disclosure of interest made under subsection (1) shall
be recorded in the minutes of the meeting at which it is made. Committees
Emoluments
Chief
Electoral
Officer and
other staff
Disclosure of
interest
584 No. 25 of 2016] Electoral Commission of Zambia

ch it is made. Committees
Emoluments
Chief
Electoral
Officer and
other staff
Disclosure of
interest
584 No. 25 of 2016] Electoral Commission of Zambia

(3) A person who contravenes 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 term not
exceeding two years, or to both. 11. (1) A person shall not, without the consent, in writing,
given by or on behalf of the Commission, publish or disclose to an
unauthorised person, otherwise than in the course of duties of that
person, the contents of a document, communication or information
whatsoever, which relates to or which has come to the knowledge
of that person in the course of that person’s duties under this Act. (2) A person who contravenes 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 term not
exceeding two years, or to both.

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.

(3) A person who, having any information which to the
knowledge of that person has been published or disclosed in
contravention of subsection (1), unlawfully publishes or
communicates the information to another person, 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. 12. (1) A member of the Commission shall, on appointment,
take an oath in accordance with the Official Oaths Act. (2) The Chief Electoral Officer and the officers and staff of
the Commission shall, on appointment, take an oath in accordance
with the Official Oaths Act. 13. An action or other proceeding shall not lie or be instituted
against a member of the Commission, a member of a committee of
the Commission or a member of staff of the Commission for, or in
respect of, an act or thing done or omitted to be done in good faith
in the exercise or performance, or purported exercise or
performance, of any of the functions conferred under this Act. Prohibition
of
publication
or
disclosure of
information
to
unauthorised
persons
Oath on
appointment
Cap. 5
Cap.

he functions conferred under this Act. Prohibition
of
publication
or
disclosure of
information
to
unauthorised
persons
Oath on
appointment
Cap. 5
Cap.

5
Immunity
Electoral Commission of Zambia [No. 25 of 2016 585

5
Immunity
Electoral Commission of Zambia [No. 25 of 2016 585

PART III
FINANCIAL P ROVISIONS
14. (1) The funds of the Commission shall consist of such
monies as may—
(a) be appropriated to the Commission by Parliament;
(b) be paid to the Commission by way of grants or donations;
or
(c) otherwise vest in or accrue to the Commission. (2) The Commission may, subject to the approval of the
President—
(a) accept monies by way of grants or donations from any
source within or outside Zambia; and
(b) raise by way of loans or otherwise, such monies as it may
require for the discharge of its functions. (3) There shall be paid from the funds of the Commission
(a) the emoluments of the members and staff of the
Commission;
(b) such travelling and other allowances for the members
and the members of any committee when engaged on
the business of the Commission, at such rates as the
Emoluments Commission may approve; and
(c) any other expenses incurred by the Commission in the
performance of its functions under this Act. (4) The Commission may, with the approval of the President,
invest in such manner as it considers appropriate such funds of the
Commission that it does not immediately require for the discharge
of its functions. 15.

t in such manner as it considers appropriate such funds of the
Commission that it does not immediately require for the discharge
of its functions. 15.

The financial year of the Commission shall be a period of
twelve months ending on 31st December in each year. 16. (1) The Commission shall cause to be kept proper books
of accounts and other records relating to its accounts. (2) The accounts of the Commission shall be audited annually
by the Auditor-General or an auditor appointed by the Auditor-
General. (3) The Auditor-General’s fees shall be paid by the
Commission. 17. (1) As soon as practicable, but not later than ninety days
after the end of the financial year, the Commission shall submit to
the President a report concerning its activities during the financial
year. 586 No. 25 of 2016] Electoral Commission of Zambia
Funds of
Commission
Financial
year
Accounts and
audit
Annual
report

ties during the financial
year. 586 No. 25 of 2016] Electoral Commission of Zambia
Funds of
Commission
Financial
year
Accounts and
audit
Annual
report

(2) The report referred to in subsection (1) shall include
information on the financial affairs of the Commission and there
shall be appended to the report—
(a) an audited statement of financial position;
(b) an audited statement of comprehensive income; and
(c) such other information as the President may require. (3) The Minister responsible for finance shall cause to be
prepared an annual statement of the income and expenditure of
the Commission to be laid before the National Assembly. PART IV
GENERAL P ROVISIONS
18.

prepared an annual statement of the income and expenditure of
the Commission to be laid before the National Assembly. PART IV
GENERAL P ROVISIONS
18.

(1) A person shall not—
(a) knowingly make, or cause to be made, to the Commission,
a false testimony or false report in any material particular
on a matter under investigation;
(b) knowingly mislead the Commission, a member, an officer
or staff of the Commission by giving any false information
or statement or making a false allegation;
(c) obstruct, assault, insult, hinder, delay or impersonate an
officer or staff of the Commission in the lawful exercise
of the powers conferred on the officer or staff of the
Commission under this Act;
(d) refuse or fail, without reasonable cause, to give the
Commission on request, a document or information
required for purposes of this Act;
(e) unlawfully influence a decision of the Commission or coerce
the Commission to make a decision in favour of that
person;
(f) fail to comply with a lawful summon, order or directive of
the Commission or an officer of the Commission under
this Act; or
Electoral Commission of Zambia [No. 25 of 2016 587
General
offences

or directive of
the Commission or an officer of the Commission under
this Act; or
Electoral Commission of Zambia [No. 25 of 2016 587
General
offences

(g) destroy anything or prevent the seizure of any property or
document or securing of the property or document. (2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or imprisonment for a term not
exceeding two years, or to both. 19. (1) The Commission may, by statutory instrument, make
regulations for the better carrying out of the provisions of this Act. (2) Without prejudice to the generality of subsection (1), the
Commission may make regulations for—
(a) the appointment, including the power to confirm
appointments, of persons to an office in respect of which
it is charged with responsibility under this Act;
(b) the disciplinary control of persons holding or acting in an
office in respect of which it is charged with responsibility
under this Act;
(c) the termination of appointments and the removal of persons
from an office, in respect of which it is charged with
responsibility under this Act;
(d) the practice and procedure of the Commission in the
exercise of its functions under this Act; and
(e) the delegation of its functions. 20. The Electoral Commission Act, 1996, is repealed.

mission in the
exercise of its functions under this Act; and
(e) the delegation of its functions. 20. The Electoral Commission Act, 1996, is repealed.

21. (1) On or after the commencement of this Act, there shall
be transferred to, vest in and subsist against the Commission by
virtue of this Act and without further assurance, all assets, rights,
liabilities and obligations which immediately before that date were
the assets, rights, liabilities and obligations of the Electoral
Commission. (2) Subject to subsection (1), every deed, bond and agreement,
other than an agreement for personal service, to which the Electoral
Commission was a party immediately before the commencement
of this Act whether or not of such a nature that rights, liabilities and
obligations could be assigned shall, unless its subject matter or terms
make it impossible that it should have effect as modified, as provided
under this subsection, have effect as if—
(a) the Commission had been party to it;
(b) for any reference to the Electoral Commission there was
submitted, with respect to anything falling to be done or
after the commencement of this Act, a reference to the
Commission; or
Regulations
Repeal of
Cap. 17
Transitional
provisions
588 No. 25 of 2016] Electoral Commission of Zambia

f this Act, a reference to the
Commission; or
Regulations
Repeal of
Cap. 17
Transitional
provisions
588 No. 25 of 2016] Electoral Commission of Zambia

(c) for any reference to an officer of the Electoral Commission,
not being a party to it and beneficially interested, there
were substituted, as respects anything falling to be done
on or after the commencement of this Act a reference
to such officer of the Commission as it shall designate. (3) Where under this Act, any assets, rights, liabilities and
obligations of the Electoral Commission are deemed to be transferred
to the Commission in respect of which a written law provides for
registration, the Commission shall make an application, in writing,
to the appropriate registration authority for registration of the
transfer. (4) The registration authority, referred to in subsection (3),
shall make such entries in the appropriate register as shall give
effect to the transfer and, where applicable, issue to the transferer
concerned a certificate of title in respect of the property or make
necessary amendments to the register and shall endorse the deeds
relating to the title, right or obligation concerned and no registration
fees or other duties shall be payable in respect of the transaction. 22.

eeds
relating to the title, right or obligation concerned and no registration
fees or other duties shall be payable in respect of the transaction. 22.

(1) Any legal proceedings or application of the Electoral
Commission pending immediately before the commencement of
this Act by or against the Electoral Commission may be continued
by or against the Commission. (2) After the commencement of this Act, proceedings in
respect of any right, liability or obligation which was vested in,
held, enjoyed, incurred or suffered by the Electoral Commission
may be instituted by or against the Commission. 23. (1) A person who, before the commencement of this Act,
was an employee of the Electoral Commission shall be transferred
to the service of the Commission as an employee of the Commission
as if employed under this Act. (2) The service of the persons referred to in subsection (1)
shall be treated as continuous service. (3) Nothing in this Act affects the rights and liabilities of any
person employed or appointed by the Electoral Commission before
the commencement of this Act. Legal
proceedings
Staff of
Electoral
Commission
Electoral Commission of Zambia [No. 25 of 2016 589

590