20/01/2020
Zambian bill 10.....
THE CONSTITUTION OF ZAMBIA (AMENDMENT)
BILL, 2019
EMORANDUM
The object of this Bill is to amend the Constitution of Zambia so
as to—
(a) revise the Preamble in order to reaffirm the Christian
character of Zambia;
(b) revise the principles and values of the Constitution;
(c) revise the electoral system for elections to the National
Assembly;
(d) revise the period for dissolution of the National Assembly;
(e) revise the period of hearing and determination of a
presidential election petition;
(f) revise the manner of election of mayor and council
chairperson;
(g) establish the office of deputy minister;
(h) revise the composition of the Cabinet;
(i) revise the provisions relating to the establishment of
commissions;
(j) revise the provisions relating to the payment of pension
benefits and retention on the payroll;
(k) provide for the membership of Members of Parliament in
councils;
(l) establish the Drug Enforcement Commission as the AntiDrugs, Economic and Financial Crimes Agency and redefine its function as a national security service;
(m) revise the functions of the Public Protector;
( revise the functions of the Bank of Zambia;
(o) revise the functions of the Auditor-General; and
(p) provide for matters connected with, or incidental to, the
foregoing.
L. KALALUKA,
Attorney-General
Constitution of Zambia
(Amendment) [No. of 2019 9
30. The Constitution is amended by the repeal of Articles 101, 102, 103 and 104 and the substitution therefor of the following:
101. (1) A President shall be elected by registered voters in accordance with Article 47(1) and this Article.
5 (2) The Returning Officer shall declare the presidential
candidate who receives more than fifty percent of the valid votes cast during the election as President-elect.
(3) If at the initial ballot, a presidential candidate does not receive more than fifty percent of the valid votes cast,
10 the candidate with the highest number of vote cast shall, within
fourteen days of the declaration by the Returning Officer of the presidential election results negotiate and form a coalition government with a presidential candidate that participated in the initial ballot, except that the combined votes of that
15 presidential candidate and the preferred presidential candidate
forming the coalition government meet the threshold of more than fifty percent of the valid votes cast.
(4) Where the candidate with the highest number of votes fails to form a coalition government within the period specified
20 in clause (3), a second ballot shall be held within thirty-seven
days of the initial ballot, where the only candidates shall be the presidential candidates who obtained—
(a) the highest and second highest number of valid votes
cast in the initial ballot; or
25 (b) an equal number of the valid votes cast in the initial
ballot, being the highest votes amongst the presidential candidates that stood for election to the office of President.
(5) The Returning Officer shall declare as President30 elect—
(a) the presidential candidate who obtains more than
fifty percent of the valid votes cast;
(b) in the event of the formation of a coalition, the
presidential candidate who obtains the highest
40 number of valid votes cast; and
(c) in the case of a second ballot, the presidential
candidate who obtained the majority of the valid votes cast in the second ballot.
Repeal and replacement of Articles 101, 102, 103 and 104 Election of President
10 No. of 2019] Constitution of Zambia
(Amendment)
(6) A losing candidate may petition a presidential election
in accordance with Article 103.
Disqualifica- 102. (1) A presidential candidate shall not take part in tion for run-off Election petition
the second ballot, if that presidential candidate—
(a) resigns for a reason other than ill- health; 5
(b) becomes disqualified as specified in Article 100;
(c) is disqualified by a decision of the Constitutional Court
in accordance with Article 103;
(2) Where a presidential candidate does not take part in
a second ballot because of a reason specified in clause (1), a 10
candidate who scored the third highest number of valid votes cast in the initial ballot, shall be a presidential candidate in the second ballot, together with the remaining presidential candidate that had initially qualified for the second ballot.
(3) If a presidential candidate— 15
(a) dies; or
(b) resigns due to ill health; before the taking of a second
ballot, the running mate to that presidential candidate in the initial ballot shall assume the place
of that presidential candidate. 20
(4) The presidential candidate who assumes the place of the previous presidential candidate in accordance with clause (2) shall appoint a running mate.
(5) Where both presidential candidates—
(a) resign; 25
(b) become disqualified under Article 100;
(c) become disqualified by a decision of the Constitutional
Court under Article 103; or
(d) die;
before the taking of the second ballot, fresh nominations shall be 30
filed with the Electoral Commission, as prescribed.
103. (1) A losing candidate may, within seven days of the declaration made under Article 101(2) and (5), petition the Constitutional Court to nullify the election of a presidential candidate who took part in the initial ballot on the ground 35
that—
(a) the person was not validly elected; or
(b) a provision of this Constitution or other written law
relating to presidential elections was not complied with. 40