A summary of the proposed changes to electoral systems and citizenship in the proposed constitution of Zambia.

1. The Constitution Bill 2015
Social
Accountability
&You
Citizenship and Elections

2. The Supreme Law
Recently Zambia began undergoing a constitutional review
process aimed at amending the ‘supreme law of the land.’ The
process has reached its final stages and the Constitution of
Zambia (Amendment) Act 2015 was released.
If passed, this bill will amend the current Constitution of Zambia
1996 and change how citizens select the people who represent
them.
This presentation covers some of the key changes to citizenship
and the electoral process in the proposed constitution.

3. Not all parts of the draft constitution
released in October 2014 shall be
presented in Parliament for a vote.
The omitted sections include:
PART III: The Bill of Rights
Article 79 which addresses how Constitutions are amended.
Both sections can only be amended by referendum
Let’s have a look at some key changes in the proposed bill.

4. Dual Citizenship
CONSTITUTION 1996
NO.
PART II, Article 9: A person shall cease to be a
citizen of Zambia if that person --
(a) acquires the citizenship of a country other
than Zambia by a voluntary act, other than
marriage; or
(b) does any act indicating that person's
intention to adopt or make use of any other
citizenship.
CONSTITUTION BILL
YES.
PART IV, Article 39; (1) A citizen shall not lose
citizenship by acquiring the citizenship of
another country.
(2) A citizen who ceased to be a citizen,
before the commencement of this
Constitution as a result of acquiring the
citizenship of another country, shall be
entitled to apply, as prescribed[…]

5. Electoral process:
Presidency
CONSTITUTION 1996
‘Simple Majority’
PART IV, Article 34 [Election of President]
(1) The election of the President shall be direct by
universal adult suffrage and by secret ballot and
shall be conducted in accordance with this Article
and as may be prescribed by or under an Act of
Parliament.
&
(8) The Returning Officer shall declare the
candidate who receives the highest numbers of
the total votes cast to have been duly elected as
President.
CONSTITUTION BILL 2015
‘Fifty-percent plus one’
PART V, Article 47 (1) 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
Article 101 (2) The Returning Office shall declare
the presidential candidate who receives more than
fifty percent of the valid votes case during the
election as President-elect.

6. Electoral process:
National Assembly
CONSTITUTION 1996
Up to 158 Members of Parliament
PART V, Article 63: (1) The National Assembly shall
consist of --
(a) one hundred and fifty elected members;
(b) not more than eight nominated members; and
(c) the Speaker of the National Assembly.
(2) Subject to the provisions of this Constitution,
the election of members of the National Assembly
shall be direct, by universal adult suffrage and by
secret ballot and shall be conducted in accordance
with the provisions of this Constitution and as may
be prescribed by or under an Act of Parliament.
CONSTITUTION BILL 2015
200 Members of Parliament
PART V, Article 47 (2) Elections to the National
Assembly shall be conducted under a mixed
member representation electoral system,
consisting of a first-past-the-post system and a
party-list system and in accordance with Articles
68 and 69
Article 68; The National Assembly consists of one
hundred and fifty-six constituency based
members [and] ninety-four members selected
from party lists..
Article 69; A political party shall submit to the
Electoral Commission, a closed party list of
persons

7. Electoral
 Run-off elections: PART VII, Article 101 (3) If a 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.
 Vice-Presidential Running Mate: PART VII Article 110: There
shall be a Vice-President for the Republic who shall be the running
mate to a presidential candidate in the presidential election.
 Members of Cabinet shall NOT be Members of
Parliament: PART VII Article 116 (1) The President shall appoint a
prescribed number of persons, who are not Members of
Parliament but who qualify to be Members of Parliament, as
Ministers, subject to ratification by National Assembly.
Some other key changes in
the selection of duty-
bearers and policy-makers

8. Citizens
 Citizens may petition Government to enact legislation
PART VI; Article 88 (1) A citizen may petition the National Assembly
to initiate the enactment, amendment or repeal of legislation.
 Citizens have an obligation to understand the
Constitution
The Constitution of Zambia (Amendment) Bill 2015 Article 45(2)(a)
A citizen shall endeavor to…acquire basic understanding of this
Constitution and promote its ideals and objectives.
 Citizens may petition Government to merge/divide their
province
PART X Article 151 (5); Without prejudice to clause (1), sixty
percent or more of the registered voters in a Province may petition
the President to
(a) merge a Province with another Province; or
(b) divide a Province into tow or more Provinces
There are changes to the
rights and responsibilities
of citizens.

9. Learn more…
Learn more about the constitution by
reading the full document in the SAY
Library.
www.say-zambia.org