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Other
Parts:
Part
I | Part
II | Part
III | Part
V | Part
VI | Part
VII
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PART
IV
HOLDING OF ELECTIONS
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10. (1) An ordinary election of councillors in
every ward of every council throughout Zambia
shall be held in 1992 and in every third year
thereafter, on such date as the President
shall, by statutory order, prescribe:
Provided that-
(a) a poll shall not be taken in any ward in
respect of which only one candidate is validly
nominated for election; or
(b) where for any reason no candidate is
elected at an election in any ward further
elections shall be held in the ward until a
candidate is duly elected.
(2) 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;
the President may, by statutory order, direct
that any 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 order.
(3) A statutory order 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.
(As amended by Act No. 26 of 1991 and No. 31
of 1993) |
Ordinary
elections 1992
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11.
(1) Subject to subsection (2), every candidate
for election in a 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)
Any person representing himself to a returning
officer for the purpose of subscribing a
nomination paper under subsection (I) shall
identify himself by producing his voter's
registration card and his national
registration card to the returning officer for
inspection.
(3) In this section-
"national registration card" means a
valid national registration
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Nomination
of candidates
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| card
issued under the National Registration Act;
"Voter's |
Cap.
126
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| registration
card" means a valid voter's registration
card issued under the Electoral Act. |
Cap. 13
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12.
(1) Subject to the other provision of this section, a
by-election to fill a casual vacancy in the
office of a councilor shall be held on such
date as the Commission may, by statutory order
prescribe, being a date not later than ninety
days after the date when notification of the
vacancy was received by the Commission
Provided that a poll shall not be taken in any
by-election in respect
of which only one candidate is validly
nominated for election.
(2) Unless the Commission otherwise, by
statutory order, directs, a by-election to
fill a casual vacancy in the office of a councilor
shall not be held in any ward in which an
ordinary election of councilors is or may be
required to be held under section ten.
(3) A statutory order 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. |
By-elections |
| 13.
There shall be one councilor elected for each
ward into which the area of a council is
divided and, without prejudice to the Local Government
Act, every councilor of a council shall hold
office for the duration of the period expiring
immediately before the result of the next
ordinary election held in respect of the ward
for which he is elected councilor, as the case
may be, is duly declared. |
Representation
of wards and tenure of office Cap. 285
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14. (I) Subject to the other provisions of
this Act-
(a) every person who, at the time when any
election is held in
any ward under this Act, is registered in a
register of voters
relating to any polling district in that ward;
or
(b) is any established resident of Zambia, who
is a rate payer and has resided in the area of
that council for a minimum period of three
years; and who has attained the age of
eighteen years.
shall be entitled to vote at elections under
this Act in the prescribed manner.
(2) Every person shall, whenever he wishes to
vote at an election under this Act, identify
himself to an election officer in such manner
as may be prescribed and no person shall be
entitled to vote more than once at any such
election. .
(As
ammended by Act No. 18 of 1992)
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Qualification for voting |
15.
No person shall be entitled to vote at an
election under this Act who -
(a) has been convicted of any corrupt practice
of illegal practice within a period of five
years preceding that election;
(b) has been reported guilty of any corrupt
practice or illegal practice by a court upon
the trial of an election petition under this
Act within a period of five years preceding
that election; or
(c) is in lawful custody at the date of that
election. |
Disqualification
from voting |
16.
Subject to the provisions of section
seventeen, a person shall be qualified for
election as a councillor of any council if,
and shall not be qualified to be soelected
unless -
(a) he is a citizen of Zambia;
(b) he has attained the age of twenty-one
years; and
(c) he is ordinarily resident in the area of
that council |
Qualification
of councillors |
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17.
(1) A person shall not be qualified for
election as a councillor if he -
(a) is, under any law in force in Zambia,
adjudged or declared to be of unsound mind;
(b) is under sentence of death imposed on him
by any court in Zambia or a sentence of
imprisonment has been imposed on him by that
court or is substituted by a competent
authority for some other sentence imposed on
him by that court;
(c) is an undischarged bankrupt, adjudged or
declared bankrupt under any law in force in
Zambia, or has made a composition or
arrangement with his creditors and has not
paid his debts in full;
(d) is an officer or an employee of a council;
(e) has on the day, for nomination or of
election to the council not paid the rate,
charge or tax due to the council or to,any
other Local Authority and has been notified;
or
(f) is an election officer.
(2) No person convicted of corrupt practices
or illegal practices by a court of law after
an election petition under this Act, shall be
qualified to be nominated for election as a
councillor for a period of five years from the
date of that conviction.
(3) In this section, the reference to a
sentence or imprisonmement which includes a
sentence or imprisonment which is suspended or
a sentence of imprisonment imposed in default
of payment of a fine.
(As
amended by Act No.18 of 1992)
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Disqualification
of councillors |
