Overview of the legal framework

The main legal instruments governing the Parliamentary and Presidential elections are:

• The Constitution of Zambia adopted 1991 and amended for the last time in 1996;
• The Electoral Act adopted on May 19, 2006;
• The Electoral Commission Act;
• Electoral Commission Regulations;
• The Electoral Code of Conduct Regulations August 4, 2006:
• Local Government Elections Act 1994.

Zambia is a signatory of a range of international agreements on the protection of human rights, including the Universal Declaration of Human Rights, UDHR; the International Covenant on Civil and Political Rights, ICCPR; the International Convention on the Elimination of Racial Discrimination, ICERD; the Convention of the Elimination of all Forms of Discrimination Against Women, CEDAW; the Convention of the Political Right of Women, CPRW; and the African Charter on Human and Peoples’ Rights, ACHPR.

The Constitution of the Republic of Zambia

The Constitution provides for a unicameral National Assembly with legislative power and a directly elected President. The term of office for both the President and the National Assembly is a period of five years.

The President of the Republic of Zambia is the Head of State, Head of Government and Commander-in-Chief, and is elected directly by universal suffrage by secret ballot, as are the members of the National Assembly. The Vice-President and the Ministers are appointed by the President from among the members of the National Assembly.

Candidate requirements for the Presidency are, among others:

• citizenship of Zambia;
• both parents must be Zambians by birth or descent;
• at least 35 years old;
• sponsorship by a political party;
• domicile in Zambia for a period of at least 20 years;
• payment of the required election fee;
• a statutory declaration of assets and liabilities open to public inspection;
• support of no less than 200 registered voters.

The President can serve for a maximum of two terms.

The National Assembly consists of 150 members, representing 150 constituencies, who are elected in one round under a “first-past-the-post” system. The President may appoint no more than eight members who have not contested the elections. Finally, the National Assembly elects the Speaker from among those who were not elected members.

Candidate requirements for the National Assembly are, among others:
• citizenship of Zambia;
• at least 21 years of age;
• literate and conversant with the official language of Zambia;
• payment of the required election fee;
• support from no less than nine currently registered voters.

Disqualified, among others, are:
• persons with a declaration of allegiance to a country other than Zambia;
• persons of unsound mind;
• persons sentenced to imprisonment;
• persons bankrupt;
• persons whose freedom of movement is restricted, or who are detained under the authority of law; or
• persons who, within a period of five years before the nomination, served a sentence of imprisonment for a criminal offence;
• involved in the conduct of any election to the National Assembly;
• persons in the Zambia Defence Force as defined in the Defence Act; the Combined Cadet Force; the Zambia National Service; the Zambia Police Force; the Zambia Police Reserve; the Zambia Security Intelligence Service; the Anti-Corruption Commission; the Drug Enforcement Commission; the Zambia Prison Service; in the Public Service; in the Teaching Service; in any statutory body or any company or institution in which the Government has any interest;
• a Chief is not qualified for election as a member of the National Assembly.

The Constitution guarantees fundamental rights and freedoms including the freedom of conscience, expression, movement, assembly, association and participation in elections.

Suffrage
To be able to vote, a person must be a Zambian citizen; at least 18 years of age; be in possession of a national registration card and a voter card; and be on the voter register.

3.2 Conflict Resolution

Parties and election officers are in the first place encouraged to solve their disputes through conciliation or mediation and through the Conflict Resolution Committees that has been established in each constituency.

Voter registration
An aggrieved person can appeal to the Commission.

During polling, counting and verification

Any citizen can file objections with the presiding officer concerning any relevant issue during polling and counting. If the objection is not accepted, the person concerned can bring the matter to the attention of the returning officer. The returning officer might, for example, validate a ballot that was invalidated or disputed during the count.

After the announcement of the results

An initiative to nullify the election of the President must be filed as a petition at the Supreme Court within 14 days after a candidate has been sworn in as President.

Post-election petitions concerning the Parliamentary election have to be lodged within 30 days of election day at the High Court. If the case is based on an allegation of corrupt payment, the petition may be lodged within 30 days of the alleged act. The High Court has 180 days to respond to the petition and potentially nullify the election of the specific individual. The Supreme Court is not under the same time constraint.