Bemba
French
Establishement
Mandate & Composition
The Electoral Commission of Zambia (ECZ) is established by law to deliver credible, transparent and inclusive electoral processes.
Mandate
Legal basis, constitutional functions and statutory functions.
Mandate
The Electoral Commission of Zambia (ECZ) is established under Article 229 of the Constitution of Zambia (Amendment) Act No. 2 of 2016. The Commission came into existence as an Electoral Management Body (EMB) in 1996.
In accordance with Article 229 (2) of the Constitution of Zambia, the Commission has the mandate to carry out the following functions:
- Implement the electoral process.
- Conduct elections and referenda;
- Carry out voter egisteration.
- Settle minor electoral disputes, as prescribed by law.
- Regulate the conduct of both voters and candidates.
- Accredit observers and election agents, as prescribed by law.
- Delimit electoral boundaries.
- Perform such other functions as prescribed by law.
Statutory Mandate
The Electoral Process Act No. 35 of 2016 empowers the Commission with the following statutory functions:
- Make regulations providing for the registration of voters and for the manner of conducting elections.
- Constitute conflict management committees and appoint conflict management officers for purposes of resolving electoral disputes.
- Aadminister and enforce the Electoral Process Act, and the Electoral Code of Conduct.
- Correct mistakes committed by electoral officers in the tabulation of election results within seven days of the declaration of the results.
- Disqualify a political party or candidate in breach of the Code.
- Provide voter education.
Composition & Secretariat
Commission structure, decision-making, and management implementation.
Composition of the Commission
The Commission, under the Electoral Commission of Zambia Act No. 25 of 2016, consists of the Chairperson, the Vice-Chairperson and not more than three other members appointed by the President, subject to ratification by the National Assembly. The Chairperson, and in his absence the Vice-Chairperson, has the responsibility to chair and manage meetings and monitor the daily affairs of the Commission and represents the Commission at various fora.
The Chief Electoral Officer (CEO), who is the Chief Executive Officer of the Commission, participates in Commission meetings representing Management but does not have the right to vote.
The policy related issues are discussed in the Commission meetings. Decisions are made based on the majority of votes of the members present in the meetings. The Commission meetings are conducted once a quorum is formed. Three members form a quorum. The Chairperson, the Vice-Chairperson and each member of the Commission has the right of one equal vote. In the case of a tie the Chairperson has the casting vote.
Secretariat/Management
Section 9 of the Electoral Commission of Zambia Act No. 25 of 2016 provides for the appointment of the Chief Electoral Officer who is the Chief Executive Officer of the Commission and is responsible for the management and administration of the Commission, as well as implementation of the decisions of the Commission.
The Chief Electoral Officer is an ex-officio of the Commission. All policy decisions are made by the Commission, while the Management is responsible for the implementation of all decisions of the Commission.
The roles of the Commission and Management are distinct. The Commission sets the strategic direction, monitors operational performance, compliance, management processes and policies while setting authority levels. The Commission has three (3) Committees chaired by Members of the Commission, namely Finance; Corporate Affairs and Administration; Elections and Voter Education Committee. There are also other Committees created by Legislation that include the Audit Committee; Procurement Committee and Integrity Committee.
The Commission has eight (8) departments that have specific responsibilities related to the electoral affairs of the country. These are Electoral Operations, Information and Communication Technology, Legal, Finance, Procurement, Human Resource and Administration, Corporate Affairs and Audit.