CHAPTER 14 - REFERENDUM ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
REFERENDUM (QUESTION ON THE AMENDMENT OF THE CONSTITUTION TO ENHANCE THE BILL OF RIGHTS AND REPEAL ARTICLE 79) ORDER
[Section 2]
Arrangement of Paragraphs
Paragraph
SI 35 of 2016.
This Order may be cited as the Referendum (Question on the Amendment of the Constitution to Enhance the Bill of Rights and Repeal Article 79) Order, 2016.
A National Referendum on Part III and Article 79 of the Constitution of Zambia shall be held on Thursday, 11th August, 2016, commencing at 06:00 hours and ending at 18:00 hours.
The referendum shall be held on the question set out in the Schedule.
[Paragraph 3]
QUESTION
“Do you agree to the amendment to the Constitution to enhance the Bill of rights contained in Part III of the Constitution of Zambia and to repeal and replace Article 79 of the Constitution of Zambia".
[Section 10]
Arrangement of Regulations
Regulation
PART I
PRELIMINARY PROVISIONS
3. Functions of Chief Electoral Officer
4. Appointment of referendum officers
5. Form of oath or affirmation for referendum officers
6. Revocation of appointment of referendum officers
PART II
POLL PROCEDURE
7. Establishment of polling stations
11. Commencement and close of poll
12. Ballot boxes, official seals and official marks
14. Procedure before commencement of poll
15. Control of person entering polling stations
16. Application for ballot paper
17. Procedure for casting vote
18. Delegation by presiding officer
20. Assistance to certain voters
21. Voting by persons employed on referendum duties
22. Restrictions on communications in polling station
23. Postponement of poll in case of emergency
24. Procedure after close of poll
PART III
COUNTING OF VOTES AND DECLARATION OF REFERENDUM RESULT
25. Place and time of counting of votes
26. Persons who may attend counting of votes
28. Rejection of ballot papers
30. Announcement of result at polling station
31. Announcement of result at constituency
32. Questions arising on decision of returning officer
33. Declaration of referendum petition
35. Verification of ballot paper count
36. Custody and destruction of referendum matter
PART IV
CORRUPT PRACTICES AND REFERENDUM OFFENCES
41. Penalty for corrupt practices
43. Unlawful conduct at public meetings
45. General offences relating to referendum
46. Prohibition of breach of secrecy
47. Offences by referendum officers
48. Offences by printers and publishers
PART V
CANVASSING
51. Content of written statement
52. Publication of written statement
53. Publication of written statement on referendum contrary to Act
PART VI
GENERAL PROVISIONS
57. Revocation of S.I. No. 97 of 1990
SI 64 of 2016.
PART I
PRELIMINARY PROVISIONS
These Regulations may be cited as the Referendum Regulations, 2016.
In these Regulations, unless the context otherwise requires—
"assistant returning officer" means a person appointed as an assistant returning officer under regulation 4;
"ballot box" means a ballot box provided to a presiding officer under regulation 8 for the taking of a poll;
"ballot paper" means a document in Form REF. 3 set out in the Schedule;
"ballot paper account" means a document in Form REF. 6 set out in the Schedule;
"Commission" means the Electoral Commission of Zambia established by Article 229 of the Constitution;
"constituency" has the meaning assigned to it in the Constitution;
"Chief Electoral Officer" has the meaning assigned to it in the Electoral Process Act, 2016;
"district referendum officer" means the person appointed as a district referendum officer under regulation 4;
"eligible voter" means a person who is 18 years or above and in possession of a green national registration card issued under the National Registration Act;
"national registration card" means the green national registration card issued under the National Registration Act, which is not cancelled or required to be cancelled under that Act, and in relation to any person, means a national registration card in the lawful possession of that person under the Act;
"national registration number" means the serial number inserted on the national registration card under the National Registration Act;
"official mark" means a mark provided to a presiding officer under regulation 8 for the taking of a poll;
"official seal" means a seal provided to a presiding officer under regulation 8 for the taking of a poll;
"other register" means the register provided by the Commission to a presiding officer for purposes of recording the names and national registration numbers of voters who participate in a referendum;
"polling assistant" means a person appointed as a polling assistant under regulation 4;
"polling day" means a day specified under section 2 of the Act as the day on which voting in a referendum shall take place and includes a day appointed under regulation 23;
"polling district" has the meaning assigned to it in section 3 of the Act;
"polling station" means a place established as a polling station under regulation 7;
"presiding officer" means a person appointed as a presiding officer under regulation 4;
"referendum officer" has the meaning assigned to it in the Act;
"registered voter" means a person registered in a register of voters under the Electoral (Registration of Voters) Regulations, 2010;
"register of voters" means a register of voters prepared and certified and in force under the Electoral (Registration of Voters) Regulations, 2010, and "copy", in relation to the register of voters, means a copy of the register of voters provided to a presiding officer under regulation 8 for the taking of the poll;
"returning officer" means a person appointed as a returning officer under regulation 4; and
"Returning Officer" has the meaning assigned to it in the Electoral Process Act, 2016.
3. Functions of Chief Electoral Officer
The Chief Electoral Officer shall—
(a) ensure that a referendum officer performs the referendum officer’s functions with impartiality and in accordance with the provisions of these Regulations;
(b) issue to a referendum officer such instructions as the Chief Electoral Officer may consider necessary to ensure due compliance with the provisions of these Regulations; and
(c) perform such other functions as are conferred on the Chief Electoral Officer under these Regulations.
4. Appointment of referendum officers
(1) There shall be in respect of each polling district—
(a) a district referendum officer; and
(b) such approved number of assistant returning officers, presiding officers, assistant presiding officers and polling assistants as the district referendum officer for that polling district may appoint, by notice in writing.
(2) The Commission shall, by notice in the Gazette, appoint a returning officer for each constituency.
(3) Where a district referendum officer appoints a person to be an assistant returning officer, presiding officer, an assistant presiding officer or polling assistant under regulation 4(1)(b), the district referendum officer shall, within seven days of the appointment, deliver a copy of the appointment to the Commission.
5. Form of oath or affirmation for referendum officers
The officers referred to in regulation 4 shall, before performing any of the functions conferred upon the officers under these Regulations, take and subscribe an oath or make an affirmation before a Subordinate Court Magistrate, Local Court Magistrate, electoral officer, returning officer, Commissioner for Oaths, Head of a Government School or Principal of a College in Form REF. 1 set out in the Schedule.
6. Revocation of appointment of referendum officers
(1) Where the Commission revokes the appointment of a returning officer, it shall publish a notice of the revocation in the Gazette.
(2) Where a district referendum officer revokes the appointment of an assistant returning officer, a presiding officer, assistant presiding officer or polling assistant, the district referendum officer shall give notice of the revocation, in writing, to the person concerned and shall deliver a copy of the revocation to the Commission.
PART II
POLL PROCEDURE
7. Establishment of polling stations
The Commission shall, for the purpose of taking a referendum, appoint a place at which the polling station for that polling district shall be established and shall cause notice of the place appointed to be published in such manner as it may direct.
A returning officer shall, before a poll in a referendum is carried out in each polling district within the constituency—
(a) ensure that the polling station has sufficient compartments within which voters may mark their ballot papers in secrecy;
(b) provide each presiding officer for a polling station with such number of ballot boxes, ballot papers, official marks, official seals, copies of the register of voters relating to that polling district and such other things as are necessary for the purposes of these Regulations;
(c) provide each presiding officer with a copy of the other register in Form REF. 2 set out in the Schedule in a referendum in which eligible voters are entitled to vote;
(d) do such other acts and make such arrangements to facilitate the taking of the poll as may be necessary for ensuring that it is taken in the manner provided in these Regulations and in accordance with any instructions issued by the Commission; and
(e) publish, both inside and outside each polling station, notices showing the question submitted to the referendum.
(1) Subject to regulation 21 a registered voter is entitled to vote in a referendum at the polling station appointed for the polling district in which the voter is registered.
(2) An eligible voter is entitled to vote at a polling station in a referendum at which eligible voters are entitled to vote.
(3) A registered voter or eligible voter shall only be entitled to cast one vote at a poll in a referendum.
A poll at a referendum shall be taken by way of a secret ballot and the result of the referendum shall be ascertained in accordance with the provisions of Part III.
11. Commencement and close of poll
A poll shall commence and, subject to regulation 23, close at such time as the Commission shall direct, by statutory instrument, except that the presiding officer shall permit every voter, to cast the vote before closing the poll, who at the time of closing the poll—
(a) is inside the polling station; or
(b) is in the opinion of the presiding officer, in the immediate precincts of the polling station and was prevented from entering the polling station owing to congestion.
12. Ballot boxes, official seals and official marks
(1) A ballot box for use at a referendum shall be transparent and capable of being securely closed.
(2) The Commission shall determine the manner in which ballot boxes shall be—
(a) numbered and labelled; and
(b) closed, secured, opened, sealed and unsealed.
(1) A ballot paper shall be in Form REF. 3 set out at in the Schedule.
(2) A ballot paper shall be attached to a counterfoil bearing the same serial number as that printed on the ballot paper.
14. Procedure before commencement of poll
(1) A presiding officer or assistant presiding officer at each polling station shall, immediately before the poll—
(a) show all accredited observers, monitors and polling assistants present that each ballot box to be used at the polling station is empty; and
(b) in the presence of the accredited observers, monitors and polling assistants, close, seal and secure the ballot boxes in a conspicuous place.
(2) A presiding officer shall place a ballot box locked and sealed under sub-regulation (1) in such a position in the polling station that it can be seen throughout the taking of the poll by the presiding officer and by any person whose presence is permitted under regulation 15.
(3) A presiding officer shall ensure the availability of a pen in each compartment, provided under regulation 8(a), for use by a voter.
15. Control of person entering polling stations
(1) A presiding officer shall maintain order at the polling station and in its precincts, and shall regulate the number of voters to be admitted at a time to the polling station.
(2) A presiding officer at a polling station may require any person to leave the polling station and its precincts if, in the opinion of the presiding officer, the person is causing a disturbance which is likely to interfere with the poll.
(3) Sub-regulation (2) does not apply to—
(a) members of the Commission or its members of staff;
(b) the returning officer and any assistant returning officer for the constituency in which the polling station is situated;
(c) the district referendum officer;
(d) the polling assistants appointed under regulation 4 in respect of a polling station;
(e) a police officer on duty;
(f) accredited monitors and observers; or
(g) a person authorised, in writing, by the Chief Electoral Officer to enter and remain in the polling station.
(4) A person authorised, in writing, by the Chief Electoral Officer to enter and remain at a polling station shall, before attending a poll in any polling station in a constituency, take and subscribe an oath or make an affirmation in Form REF. 1 set out in the Schedule.
(5) The powers conferred by this regulation shall not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from voting at the polling station.
16. Application for ballot paper
(1) A person who intends to vote in a referendum shall apply for a ballot paper and shall—
(a) except where regulation 21 applies, present oneself at the polling station appointed under regulation 7 for the polling district in which the person is registered;
(b) produce that person’s voter’s card to the presiding officer or polling assistant at the polling station;
(c) produce that person’s green national registration card to the presiding officer or polling assistant at the polling station; and
(d) if so required by the presiding officer or polling assistant, present that person’s both hands for inspection by the presiding officer or polling assistant.
(2) A presiding officer or polling assistant shall not issue a ballot paper to a person who fails to comply with the requirements specified under sub-regulation (1).
(3) A presiding officer or polling assistant at a polling station may put to an applicant for a ballot paper such question as the presiding officer or polling assistant may consider necessary to enable the applicant identify oneself.
(4) An applicant for a ballot paper shall be issued with a ballot paper or permitted to vote at a polling station if the presiding officer or polling assistant for that polling station is satisfied—
(a) except where regulation 21 applies, that the applicant is registered in the polling district for which that polling station is appointed or that the applicant is an eligible voter;
(b) that the applicant has produced that applicant’s green national registration card; and
(c) that the applicant has not already voted in the referendum.
17. Procedure for casting vote
(1) Where a presiding officer or polling assistant at a polling station is satisfied under regulations 16 and 21 that an applicant is entitled to be issued with a ballot paper to vote, the presiding officer or polling assistant shall mark the right hand thumb of the applicant, except that in the case of a voter without a thumb, the voter shall present any other finger or body part found appropriate by the polling assistant for that purpose.
(2) Before issuing a ballot paper to a voter, the presiding officer or polling assistant shall—
(a) except where regulation 21 applies, cancel the name of the voter on the register of voters or record the name and national registration number of the voter on the other register as evidence that that voter has received a ballot paper;
(b) enter on the counter foil of the ballot paper the number of the voter as recorded on the register of voters, where applicable;
(c) stamp the ballot paper with the official mark; and
(d) detach the ballot paper from its counterfoil and deliver it to the voter.
(3) A voter shall, on receiving the ballot paper—
(a) enter an empty compartment at the polling station;
(b) mark the ballot paper with the mark X opposite either the word "YES" or the word "NO"; and
(c) fold the ballot paper to conceal the voter’s vote;
(d) cast the folded ballot paper in the ballot box; and
(e) without undue delay, leave the polling station.
18. Delegation by presiding officer
Subject to the approval of the Chief Electoral Officer, a presiding officer may delegate the presiding officer’s powers to a polling assistant.
Where a voter inadvertently deals with a ballot paper in such manner that it cannot be used as a valid ballot paper, the voter shall deliver that ballot paper to the presiding officer, and if the presiding officer is satisfied that the ballot paper has been spoilt inadvertently, the presiding officer shall issue another ballot paper to that voter, and shall cancel the spoilt ballot paper and the counterfoil to which it relates.
20. Assistance to certain voters
(1) A person may assist a voter to vote if—
(a) the voter requires assistance due to physical disability;
(b) the voter has requested to be assisted by that person; and
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