REMARKS BY MRS MWANGALA ZALOUMIS, SC, CHAIRPERSON OF THE ELECTORAL COMMISSION OF ZAMBIA (ECZ), ON THE OCCASION OF THE HANDOVER OF THE REPORT OF THE ELECTORAL REFORM TECHNICAL COMMITTEE (ERTC) AT MULUNGUSHI INTERNATIONAL CONFERENCE CENTRE, LUSAKA ON 22ND APRIL 2025
The Honourable Minister of Justice,
Commissioners, Electoral Commission of Zambia
Permanent Secretaries,
Chief Electoral Officer and Staff of the Electoral Commission of Zambia,
Distinguished Guests,
Media
Ladies and Gentlemen,
Good morning.
On behalf of the Electoral Commission of Zambia and indeed on my own behalf, we are delighted to be here today. This is a very significant day where the Electoral Commission of Zambia is officially handing over the report of the Electoral Reform Technical Committee (ERTC) to the Ministry of Justice.
Today’s occasion is not merely ceremonial – it is a defining moment in Zambia’s continued journey to deepen democracy and uphold the constitutional values upon which our nation stands.
Ladies and Gentlemen,
Allow me to begin by reiterating our sincere gratitude to the Chairperson and members of the Electoral Reform Technical Committee.
As you may recall, The Electoral Reform Technical Committee was established in July 2024, pursuant to Section 7 of the Electoral Commission of Zambia Act No. 25 of 2016.
The objective of the Electoral Reforms was to review the legislative, administrative and policy framework for elections, and identify areas that will require legal amendments and those that may require policy or procedural changes.
The Committee was tasked with four core objectives:
1. To undertake comprehensive law reform governing the electoral process to enhance the credibility of elections;
2. To identify gaps in the legal framework requiring Constitutional and statutory amendments;
3. To harmonise the legislative framework governing the electoral process; and
4. To propose policy, administrative and procedural amendments for consideration by the Commission.
Membership of the Committee is drawn from the Electoral Commission of Zambia, Zambia Law Development Commission, Ministry of Justice, Ministry of Information and Media, Office of the Vice President (Gender Division), Human Rights Commission, Zambia Police Service, Zambia Agency for Persons with Disability, University of Zambia, Copperbelt University Dag Hammarskjold Institute of Peace and Conflict Studies, Law Association of Zambia, Civil Society Organisations, the Church, Faith-based Organisations, Zambia Centre for Inter-Party Dialogue and Eminent citizens with experience in elections, governance, conflict management and law reform.
In line with Section 4(3) of The Electoral Commission of Zambia Act No. 25 of 2016, the ERTC conducted countrywide consultations among various stakeholders to ensure that the process was inclusive. Stakeholders made oral and written submissions. The Committee conducted public sittings in provincial headquarters in October 2024. The public sittings were held in the Provincial Headquarters of all the ten provinces namely
– Chinsali in Muchinga Province
– Chipata in Eastern Province,
– Choma in Southern Province,
– Kabwe in Central Province,
– Kasama in Northern Province,
– Lusaka in Lusaka Province
– Mongu in Western province,
– Mansa in Luapula Province
– Ndola in Copperbelt Province, and
– Solwezi in North-Western Province
The purpose of these sittings was to facilitate broad stakeholder consultation and participation, providing an opportunity for individuals, institutions, traditional leaders, political parties, churches, and other interest groups to contribute to the electoral reform process.
Distinguished Guests,
From the above, it is evident that the Committee was appointed with a clear and ambitious mandate: to undertake a comprehensive review of the legal, policy, and administrative frameworks governing our electoral process.
That task has now culminated in the comprehensive report we are handing over today.
This report represents the product of wide-ranging consultations and thoughtful deliberations. It reflects the voices and perspectives of many – from ordinary citizens who participated in public sittings, to electoral stakeholders, experts, and institutions who made submissions and shared insights. The diversity of views and the inclusivity of the process underscore the legitimacy of this document and the value it holds for our democratic future.
Ladies and Gentlemen,
Here are a few highlights of some of the submissions received and recommendations:
1. Constitutional Matters
The issues covered under the Constitutional matters included, Mixed Member Proportional Representation Electoral System; Delimitation of Constituencies; Cancellation of Election on Resignations and Appointment of Cabinet Ministers. These key issues have been selected to illustrate the extent of the submissions received, but specifically the following:
Delimitation of Constituencies
Submitters proposed that large constituencies be delimited to enhance development, improve political representation, enhance the efficiency of service delivery, and ensure quality of the vote. They further recommended that the number of constituencies, as provided under Article 68 of the Constitution be increased to implement delimitation.
The ERTC recommends Article 68 of the Constitution be amended to increase the number of constituencies in line with delimitation.
Cancellation of Elections
Submitters proposed that in the event a candidate dies or resigns after nominations, the ECZ should not call for fresh nominations but should instead proceed with the election. They argued that calling for fresh nominations in such cases leads to unnecessary delays and imposes significant costs on the State.
The ERTC recommends that Article 52(6) be amended to specifically address issues related to Parliamentary and Local Government elections by clearly outlining the procedures for different scenarios. In cases where a candidate resigns after nominations, the election should proceed as scheduled. Similarly, if a candidate is disqualified by the court after the close of nominations due to malpractice or a criminal offence, including corruption, the election should also proceed. However, in the event that a candidate dies in a parliamentary or local government election after nominations but before the election date, the ECZ should cancel the election, call for fresh nominations from eligible candidates, and ensure that the new election is held within 30 days of the fresh nominations.
Ladies and Gentlemen,
In addition, the received submissions related to the Electoral Process Act and Code of Conduct included, Nomination Period for General Elections, and Objection to the Provisional Register of Voters. These key issues are being highlighted to illustrate the extent of the submissions received, the analysis conducted, and the recommendations made by the ERTC as follows:
Nomination Period for General Elections
Submitters highlighted the need to amend the law to protect against unnecessary resignations aimed at causing delays in elections, that the period for challenging nominations should be extended from seven to fourteen days, and that the nomination fees should be reduced to facilitate the participation of candidates from marginalised groups.
The ERTC recommends that Part IV of the Electoral Process Act be amended to introduce a pre-nomination period of 14 days. Further, it should be amended to place the responsibility on candidates to have their documents verified and authenticated their before submitting them to the ECZ.
Electronic voter registration
Submitters proposed that the Electoral Process Act be amended to include provisions for electronic voter registration. This amendment is aimed at modernising the voter registration process, enhancing efficiency, improving accessibility, and ensuring greater accuracy in the identification of the voters and in the management of the voters’ roll.
The ERTC recommends an amendment to the Electoral Process Act to provide a section on use of technology in the electoral process which will provide for the use of biometric voter registration and identification systems. It is important to note that this is not electronic voting.
Ladies and Gentlemen,
The Committee has produced recommendations that will no doubt will set the national discourse which will contribute to the decision-making on how best to strengthen Zambia’s electoral process and systems.
As a Commission, we have reviewed the report and wish to commend the ERTC for its diligence, impartiality, and commitment to this critical national assignment. The recommendations contained herein are far-reaching and provide a strong basis for reform – from legal amendments to institutional capacity enhancement, policy and improved procedures.
Distinguished Guests,
The handover of this report to the Ministry of Justice marks the beginning of a new phase, that of Government review, policy consideration, and ultimately, legislative action where required.
We are confident that government will provide the necessary guidance and facilitate further processes for the consideration and implementation of these recommendations in line with established Government procedures.
As we hand over this report, we are reminded that electoral reform is not a destination but a journey. It is a continuous process that must adapt to emerging challenges and opportunities, public expectations, and evolving democratic norms. The Commission remains committed to playing its part in this journey and will continue to engage with all stakeholders to ensure that the reforms reflect the aspirations of the Zambian people.
In closing, allow me to express our gratitude to the Democracy Strengthening in Zambia Project managed by the United Nations Development Programme for the support towards the work of the ERTC. This collaborative approach reflects the importance of partnerships in advancing democratic governance and institutional strengthening.
Once again I wish to thank the Chairperson and members of the Electoral Reform Technical Committee, stakeholders, and the general public for their contributions. Your voices have shaped this report, and your input will continue to shape the future of our democracy.
Honourable Minister, it is now my honour to officially hand over the Report of the Electoral Reform Technical Committee to the government for further consideration.
I thank you.