Zambia

WE, THE PEOPLE OF ZAMBIA:
…
CONFIRM the equal worth of women and men and their right to freely participate in, determine and build a sustainable political, legal, economic and social order; … (Preamble)

It is recognised and declared that every person in Zambia has been and shall continue to be entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed, sex or marital status, but subject to the limitations contained in this Part⁸, to each and all of the following, namely:
…
b. freedom of conscience, expression, assembly, movement and association;
… (Art. 11)

1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to any political party, trade union or other association for the protection of his interests.
… (Art. 21)

A citizen who has attained the age of eighteen years is entitled to be registered as a voter and vote in an election by secret ballot. (Art. 46)

1. The electoral systems provided for in Article 47 for the election of President, Member of Parliament or councillor shall ensure—
…
d. gender equity in the National Assembly or council.
… (Art. 45)

1. The President may nominate a person referred to in Article 68 (2) (b) where the President considers it necessary to enhance the representation of special interests, skills or gender in the National Assembly.
… (Art. 69)

…
3. There shall be two Deputy Speakers of the National Assembly who are not members of the same political party and of the same gender.
… (Art. 82)

1. A political party has the right to—
a. disseminate information on social and economic programmes of a national character and of its political ideology;
b. sponsor candidates for election or nomination to a State office in respect of which elections are required to be held; and
c. conduct primary elections for the selection of candidates.
2. A political party shall—
a. promote the values and principles specified in this Constitution;
b. have a national character;
c. promote and uphold national unity;
d. promote and practice democracy through regular, free and fair elections within the party;
e. respect the right of its members to participate in the affairs of the political party;
f. respect the right of its members to seek redress from a court or tribunal when aggrieved by a decision of the political party; and
g. subscribe to and observe the code of conduct for political parties, as prescribed.
3. A political party shall not—
a. be founded on a religious, linguistic, racial, ethnic, tribal, gender, sectoral or provincial basis or engage in propaganda based on any of these factors;
b. engage in or encourage violence or intimidate its members, supporters, opponents or other persons;
c. engage in corrupt practices; and
d. except as prescribed, use public resources to promote its interest or that of its members.
4. The following shall be prescribed with regard to political parties:
a. the establishment and management of a Political Parties’ Fund to provide financial support to political parties with seats in the National Assembly;
b. the accounts of political parties which are funded under the Political Parties’ Fund and the submission of audited accounts by political parties;
c. the sources of funds for political parties;
d. the maximum amount of money to be used for campaigns during elections; and
e. matters incidental to matters specified in this clause. (Art. 60)

1. There is established the Electoral Commission of Zambia which shall have offices in Provinces and progressively in districts.
2. The Electoral Commission shall—
a. implement the electoral process;
b. conduct elections and referenda;
c. register voters;
d. settle minor electoral disputes, as prescribed;
e. regulate the conduct of voters and candidates;
f. accredit observers and election agents, as prescribed;
g. delimit electoral boundaries; and
h. perform such other functions as prescribed. (Art. 229)

1. There shall be a President of the Republic who shall be the Head of State and Government and Commander-in-Chief of the Defence Force.
2. The executive authority of the State vests in the President and, subject to this Constitution, shall be exercised directly by the President or through public officers or other persons appointed by the President.
3. The President shall, in exercise of the executive authority of the State—
a. respect, uphold and safeguard this Constitution;
...
e. promote and protect the rights and freedoms of a person; and
f. uphold the rule of law. (Art. 91)

1. The electoral systems provided for in Article 47 for the election of President, Member of Parliament or councillor shall ensure—
a. that citizens are free to exercise their political rights;
b. universal adult suffrage based on the equality of a vote;
c. fair representation of the various interest groups in society;
... (Art. 45)

1. A person qualifies to be nominated as a candidate for election as President if that person—
a. is a citizen by birth or descent;
b. has been ordinarily resident in Zambia;
c. is at least thirty-five years old;
d. is a registered voter;
e. has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent;
f. is fluent in the official language;
g. has paid that person’s taxes or has made arrangements, satisfactory to the appropriate tax authority, for the payment of the taxes;
h. declares that person’s assets and liabilities, as prescribed;
i. pays the prescribed election fee on, or before, the date fixed for the delivery of nomination papers; and
j. is supported by at least one hundred registered voters from each Province.
... (Art. 100)

1. A President shall be elected by registered voters in accordance with Article 47 (1) and this Article.
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, 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
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.
... (Art. 101)

1. The President shall appoint the Vice-President to be the Leader of Government Business in the National Assembly.
… (Art. 74)

1. A person qualifies to be nominated as a candidate for election as President if that person—
a. is a citizen by birth or descent;
b. has been ordinarily resident in Zambia;
c. is at least thirty-five years old;
d. is a registered voter;
e. has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent;
f. is fluent in the official language;
g. has paid that person’s taxes or has made arrangements, satisfactory to the appropriate tax authority, for the payment of the taxes;
h. declares that person’s assets and liabilities, as prescribed;
i. pays the prescribed election fee on, or before, the date fixed for the delivery of nomination papers; and
j. is supported by at least one hundred registered voters from each Province.
... (Art. 100)

1. There shall be a Vice-President for the Republic who shall be the running mate to a presidential candidate in a presidential election.
2. The qualifications and disqualifications applying to a presidential candidate apply to the person selected by the presidential candidate to be the running mate.
3. An election to the office of Vice-President shall be conducted at the same time as that of an election to the office of President so that a vote cast for a presidential candidate is a vote cast for the running mate, and if the presidential candidate is elected, the running mate shall be considered to have been elected.
... (Art. 110)

There shall be a Cabinet consisting of the—
a. President;
b. Vice-President;
c. Ministers; and
d. Attorney-General, as ex-officio member. (Art. 113)

1. The functions of Cabinet are as follows:
a. approve and cause to be implemented Government policy;
… (Art. 114)

1. The President shall appoint a prescribed number of Members of Parliament as Ministers.
… (Art. 116)

1. The electoral systems provided for in Article 47 for the election of President, Member of Parliament or councillor shall ensure—
a. that citizens are free to exercise their political rights;
b. universal adult suffrage based on the equality of a vote;
c. fair representation of the various interest groups in society; ... (Art. 45)

The legislative authority of the Republic derives from the people of Zambia and shall be exercised in a manner that protects this Constitution and promotes the democratic governance of the Republic. (Art. 61)

1. There is established the Parliament of Zambia which consists of the President and the National Assembly.
2. The legislative authority of the Republic is vested in and exercised by Parliament.
3. A person or body, other than Parliament, shall not have power to enact legislation, except as conferred by this Constitution.
... (Art. 62)

1. Parliament shall enact legislation through Bills passed by the National Assembly and assented to by the President.
… (Art. 63)

1. A Member of Parliament shall be elected in accordance with Article 47 (2) and this Article.
2. The National Assembly shall consist of—
a. one hundred and fifty-six members directly elected on the basis of a simple majority vote under the first-past-the-post system;
b. not more than eight nominated members;
c. the Vice-President;
... (Art. 68)

1. The President may nominate a person referred to in Article 68 (2) (b) where the President considers it necessary to enhance the representation of special interests, skills or gender in the National Assembly.
2. A person may be nominated as a Member of Parliament if the person qualifies to be elected as such under Article 70.
... (Art. 69)

1. Subject to clause (2), a person is eligible to be elected as a Member of Parliament, if that person—
a. is a citizen;
b. is at least twenty-one years old;
c. is a registered voter;
d. has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent; and
e. declares that person’s assets and liabilities, as prescribed.
... (Art. 70)