Representation of the People

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; and (d) gender equity in the National Assembly or council.

The electoral process and system of administering elections shall ensure’ (a) that elections are free and fair; (b) that elections are free from violence, intimidation and corruption; (c) independence, accountability, efficiency and transparency of the electoral process; (d) a simple and practical system of voting and tabulating votes; and (e) timely resolution of electoral disputes. [Article 45 inserted by section 4 of Act 2 of 2016]

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. [Article 46 inserted by section 4 of Act 2 of 2016]

Elections to the office of President shall be conducted directly, under a majoritarian electoral system, where the winning candidate must receive more than fifty percent of the valid votes cast, and in accordance with Article 101.

Elections to the National Assembly shall be conducted under a mixed-member proportional representation electoral system, as follows: (a) first-past-the-post electoral system for Members of Parliament contesting for constituency-based seats; and (b) proportional representation electoral system for women, youths and persons with disabilities, as prescribed. [clause (2) substituted by section 2(a) of Act 13 of 2025]

Elections to councils shall be conducted under a mixed-member proportional representation electoral system, as follows: (a) first-past-the-post electoral system for mayor or council chairperson; (b) first-past-the-post electoral system for candidates contesting for ward-based seats; and (c) proportional representation electoral system for a specified number of women, youths and persons with disabilities, as prescribed. [clause (3) substituted by section 2(a) of Act 13 of 2025]

The seats under the proportional representation electoral system, referred to in clause (2) (b) and (3) (c) , shall be distributed, as prescribed, after a general election, by the Electoral Commission, to political parties, in proportion to the total number of valid votes received by a presidential candidate. [clause (4) inserted by section 2(b) of Act 13 of 2025]

A constituency and a ward shall return only one member to the National Assembly and council, respectively. [clause (5), previously paragraph (4), renumbered by section 2(c) of Act 13 of 2025] [Article 47 inserted by section 4 of Act 2 of 2016]

The electoral process for electing a President, Member of Parliament or councillor shall be prescribed. [Article 48 inserted by section 4 of Act 2 of 2016]

The system of administering elections shall be prescribed. [Article 49 inserted by section 4 of Act 2 of 2016]

A political party and a candidate contesting an election shall have access to the media, especially during election campaigns. [Article 50 inserted by section 4 of Act 2 of 2016]

A person is eligible for election as an independent candidate for a National Assembly seat if the person’ (a) is not a member of a political party and has not been a member of a political party for at least two months immediately before the date of the election; and (b) meets the qualifications specified in Article 70 for election as a Member of Parliament. [Article 51 inserted by section 4 of Act 2 of 2016]

A person who intends to be a candidate for election as President, Member of Parliament for a constituency-based seat, mayor, council chairperson, or councilor for a ward-based seat shall file that person's nomination paper to a returning officer, supported by an affidavit stating that the person is qualified for nomination for election as President, Member of Parliament for a constituency-based seat, mayor, council chairperson, or councilor for a wardbased seat, in the manner, on the day, and at the time and place set by the Electoral Commission, by regulations. [clause (1) substituted by section 3(a) of Act 13 of 2025]

A returning officer shall, immediately on the filing of a nomination paper, in accordance with clause (1), duly reject the nomination paper if the candidate does not meet the qualifications or procedural requirements specified for election to that office.

The information contained in a nomination paper and affidavit shall be published by the Electoral Commission, as prescribed.

A person may challenge, before a court or tribunal, as prescribed, the nomination of a candidate within seven days of the close of nomination and the court shall hear and determine the case within twenty-one days of its lodgement. [clause (4) amended by section 3(b) of Act 13 of 2025]

The processes specified in clauses (1) to (4) shall be completed at least thirty days before a general election.

Where a candidate’ (a) resigns after having been nominated in accordance with this Article, the candidate shall not be eligible to contest the election, and the election shall proceed to be held on the date prescribed for holding the election; (b) has been disqualified by a court, after close of nominations, the candidate shall not be eligible to contest the elections, and the election shall proceed to be held on the date prescribed for holding the election; or (c) sponsored by a political party dies before the date prescribed for the holding of an election, the Electoral Commission shall cancel the election, and call for the filing of a fresh nomination by the political party whose candidate died, and the election shall be held within thirty days of filing of the fresh nomination. [clause (6) substituted by section 3(c) of Act 13 of 2025] [Article 52 inserted by section 4 of Act 2 of 2016]

Where only one candidate is nominated for election as President, Member of Parliament or councillor, by the date and time set by the Electoral Commission for receiving nominations and at the close of the nomination period, that candidate shall be declared duly elected.

A person may, within seven days of a declaration made in accordance with clause (1), challenge the declaration, as prescribed.

The processes specified in clauses (1) and (2) shall be completed at least thirty days before a general election. [Article 53 inserted by section 4 of Act 2 of 2016]

A candidate and a political party shall comply with a prescribed electoral code of conduct. [Article 54 inserted by section 4 of Act 2 of 2016]

A candidate who loses an election as a President, Vice-President, Member of Parliament or councillor is not eligible, during the term of that National Assembly or council, for appointment as’ (a) Minister; or (b) Provincial Minister. [Article 55 inserted by section 4 of Act 2 of 2016]

A general election shall be held, every five years after the last general election, on the second Thursday of August.

The day on which a general election is held shall be a public holiday. [Article 56 inserted by section 4 of Act 2 of 2016]

Where a vacancy occurs in the office of Member of Parliament, mayor, council chairperson or councillor, a by-election shall be held within ninety days of the occurrence of the vacancy.

A by-election shall not be held within the one hundred-and-eighty day period that precedes a general election.

The Electoral Commission shall, by regulation, set the place where, and the date and time when, a by- election is to be held. [Article 57 inserted by section 4 of Act 2 of 2016] Constituencies, wards and delimitation

Zambia shall be divided into constituencies and wards for purposes of elections to the National Assembly and councils, respectively.

The number of constituencies shall be equal to the number of constituency-based seats in the National Assembly, as specified in Article 68 (a). [clause (2) substituted by section 4 of Act 13 of 2025]

The number of wards in a district shall be prescribed.

The Electoral Commission shall determine the names and boundaries of constituencies and wards.

The Electoral Commission shall, at intervals of not more than ten years, review the names and boundaries of constituencies and wards.

The names and details of the boundaries of constituencies and wards shall be published in the Gazette and shall come into effect on the next dissolution of Parliament or councils.

A person may apply to the Constitutional Court for review of a decision of the Electoral Commission made under this Article. [Article 58 inserted by section 4 of Act 2 of 2016]

The Electoral Commission shall, in delimiting the boundaries of constituencies and wards’ (a) take into account the history, diversity and cohesiveness of the constituency or ward; (b) have regard to population density, trends and projections; (c) ensure that the number of inhabitants in each constituency or ward is reasonable, taking into account the means of communication and geographical features; (d) ensure that constituencies and wards are wholly within districts; and (d) seek to achieve an approximate equality of constituency and ward population, subject to the need to ensure adequate representation for urban and sparsely populated areas. [Article 59 inserted by section 4 of Act 2 of 2016] Political parties

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.

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

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.

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. [Article 60 inserted by section 4 of Act 2 of 2016]

Subject to the other provisions of this Constitution and any other law, the power to constitute offices for the Republic and the power to abolish any such offices shall vest in the President.

Subject to the other provisions of this Constitution and any other law, the power to appoint persons to hold or act in offices constituted for the Republic of Zambia, to confirm appointments, to exercise disciplinary control over persons holding or acting in such offices and to remove any such person from office shall vest in the President. [Article 61 inserted by section 4 of Act 2 of 2016]