Voter Education Facilitator's Handbook for Voter Registration

Voter Education Facilitator’s Handbook for Voter Registration 2015 1

Electoral Commission of Zambia

Voter Education Facilitator’s Handbook for Voter Registration

2015

I AM REGISTERED AS A VOTER, ARE YOU?

www.elections.org.zm

DOUBLE REGISTRATION IS AN OFFENCE

...AND YOU CAN BE JAILED!

I am registered as a voter, are you?

ELECTORAL COMMISSION OF ZAMBIAVoter Education Facilitator’s Handbook for Voter Registration 2015

First Edition April, 2015

Published in 2015

© Electoral Commission of Zambia. All Rights Reserved.

This Voter Education Facilitator’s Handbook for Voter Registration has been produced by the Electoral Commission of Zambia (ECZ). Any person or organization interested in carrying out voter education in Zambia can use this Handbook. No permission is required from the producer to use this Handbook for purposes of voter education on voter registration provided the copyright is acknowledged and respected; and the Handbook is used to advance non-partisan and objective voter education.

This Voter Education Facilitator’s Handbook for Voter Registration is not for sale.


P. O Box 50274 Lusaka – Zambia

Tel: +260 21 1 250081, +260 21 1 257 928 , +260 21 1 257931 ,

260 21 1 253 155 -7

Fax: +260 21 1 253884 +260 21 1 257 274

Email: [email protected]

website: www.elections.org.zm

Voter Education Facilitator’s Handbook for Voter Registration 2015Voter Education Facilitator’s Handbook for Voter Registration 2015I am registered as a voter, are you?

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CONTENTSPreface.......................................................................vAcknowledgements...................................................viAcronym...................................................................viiIntroduction...............................................................1

Unit 1 : Democracy and Citizens’ Participation........31.1 Introduction.........................................................31.2 What is Democracy?.............................................31.2.1 Meaning of Democracy.....................................31.2.2 Principles of Democracy....................................41.2.3 Types of Democracy..........................................61.2.4 Importance of Democracy.................................71.3 The participation of citizens in a democracy.......71.3.1 Why should citizens participate........................71.3.2 Citizens’ responsibilities and state obligations.81.3.3 Citizens and Representation..............................91.4 Barriers to democracy..........................................91.5 Suggested Learning Activities.............................10

Unit 2 : Elections and Democracy..........................142.1 Introduction.......................................................142.0 Meaning and importance of elections...............142.1.1 Meaning of elections.......................................152.2.3 Importance of elections..................................152.3 The Electoral System in Zambia.........................162.4 The Electoral Commission of Zambia.................162.4.1 Delimitation.....................................................172.4.2 Types of elections in Zambia...........................172.4.3 Corruption in the Electoral Process................172.4.4 Free and Fair Elections....................................202.5 Stakeholders.......................................................202.5.1 Suggested learning activities...........................21

Unit 3 : Governance..............................................233.1 Introduction........................................................233.2 Governance........................................................233.2.1 Essential Elements of Good Governance........233.3 People and Governance.....................................243.4 Organs of Government.......................................243.4.1 The Executive..................................................243.4.2 The Legislature................................................25

3.4.3 The Judiciary....................................................263.5 Entrenching Good Governance in Zambia.........263.6 Suggested Learning Activities............................27

Unit 4 Voter Registration.......................................294.1 Introduction.......................................................294.1.1 What is the importance of a voter’s card?......29 4.1.2 Why should a person register as a voter?.......304.1.3 How Voter Registration will be conducted.....304.1.4 Choosing a polling station...............................304.1.5 Persons allowed to enter a Registration Centre..............................................................304.1.6 Maintenance of order in and around the Voter Registration Centre.........................................314.2 Qualifications and Disqualifications for Registration........................................................314.2.1 Qualifications for Registration.........................314.2.2 Disqualifications for Registration....................314.3 Categories and Voter Registration Procedures..314.3.1 New Registration.............................................324.3.2 Voter’s Card Replacement...............................334.3.3 Change of name(s) in the Register of Voters..344.3.4 Transfer to another Polling Station.................384.3.5 Deceased Voters..............................................354.4 Inspection of the Register of Voters...................374.4.2 Personal details to check for during inspection........................................................374.4.3 Correction of Clerical Errors............................384.4.4 Omission from the Register of Voters.............384.4.5 Objections.......................................................394.4.5.1 Objections against a name appearing..........394.4.5.2 Removal of the deceased.............................404.4.6 Appeal against the refusal to be registered as a voter..............................................................404.5 Offences and Penalties Pertaining to Voter Registration........................................................414.5.1 Offences..........................................................414.5.2 Penalties..........................................................42Definition of key terms.............................................47Appendix.................................................................50

Voter Education Facilitator’s Handbook for Voter Registration 2015I am registered as a voter, are you?

iii

TRANSFER FROM ONE POLLING STATION TO ANOTHER

Did you know that you can transfer from one polling station to another if you are registered as a voter?


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VISION STATEMENT

An electoral process that commands public confidence for sustained democratic governance

MISSION STATEMENT

To be an autonomous Electoral Management Body promoting democratic governance through the delivery of a credible electoral process

SHARED CORE VALUES

• Transparency - We are committed to ensuring the transparency of the electoral process and delivery of credible elections at all times.

• Impartiality - We guarantee impartiality in service delivery to stakeholders in the electoral process.

• Tolerance - Our staff members embrace tolerance of individual views and opinions and exercise flexibility in the conduct of their duties.

• Openness - As an organization we thrive on openness to fresh ideas.

• Teamwork - Our staff work together to achieve organisational objectives.

Copyright © Electoral Commission of Zambia,

April 2015


v

PREFACE

This Voter Education Handbook for Voter

Registration Reference – provides comprehensive

and up-to-date voter registration information to

Zambian citizens. It is designed to be of use to Voter

Education Facilitators and organizations providing

voter education and information to Zambian citizens

as they prepare for voter registration.

The Electoral Commission of Zambia is required

under the Electoral Act of 2006 to provide voter

education. This is a huge responsibility placed on

the Commission to ensure that all Zambian citizens

eligible to take part in elections have the knowledge

and information needed to make an informed choice

during the elections. The ECZ conducts voter education

programmes to increase electoral awareness and

knowledge among Zambians.

This Voter Education Handbook for voter registration

provides the knowledge and information needed by

voters in order for them to participate meaningfully.

It contains a range of civic and voter education

information for use during the conduct of voter

education activities.

The Handbook is based on two principles:

• Non-partisanship – the Handbook provides

information that does not favor any of the

contestants in elections. It is focused on providing

the voter with knowledge in a neutral manner.

Objectivity – the Handbook contains factual and

objective information. It does not seek to interpret

or make decisions for the voter. Its purpose is to train

informed voters who are capable of making decisions

on their own.

Facilitators and organizations using this Handbook

are expected to follow these principles at all times.

Voter education should not be turned into advocacy

activities. Facilitators should always remain non-

partisan and objective.

It is the hope of the Electoral Commission of

Zambia that this handbook will give a balanced,

comprehensive and uniform provision of voter

education in the country.

Signature

Hon. Mr. Justice Esau E. Chulu

Chairperson



vi

ACKNOWLEDGEMENTS

The development and publishing of this Voter

Education Handbook for Voter Registration –

has been made possible with the support and effort

of several institutions and individuals. The Electoral

Commission of Zambia wishes to thank them all for

contributing to the development of this Handbook.

Firstly, the ECZ is grateful to the National Voter

Education Committee for developing the themes and

topics covered in this Handbook and ensuring that it

addresses the real education and information needs

of potential voters.

The ECZ is grateful to cooperating partners who

have contributed funds to the Elections Trust Fund,

managed by United Nations Development Programme

(UNDP), for financially supporting the production of

the first edition of this Handbook.

The ECZ acknowledges and appreciates the efforts

of the members of Staff of the Voter Education

Department that compiled and designed this

Handbook.

Signature

Priscilla M. Isaac

DirectorElectoral Commission of Zambia


vii

ACRONYM

ACC - Anti - Corruption Commission

AIDS - Acquired Immune Deficiency Syndrome

CBO - Community Based Organisations

CSOs - Civil Society Organisations

DRO - District Registration Officer

ECZ - Electoral Commission of Zambia

NGOs - Non Governmental Organisations

NRC - National Registration Card

NVEC - National Voter Education Committee

HIV - Human Immune Virus

UNDP - United Nations Development Programme

VEFs - Voter Education Facilitators

ZP - Zambia Police


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The Handbook is meant for use by Facilitators to provide voter education during voter registration.

It should not be given out to participants during voter education activities. This Handbook:

• Has been developed for use in providing voter education.

• Is meant to provide voter educators with the voter education content.

• Contains both voter education and voter information.

• Provides detailed information on the content of the key themes and topics to be covered by Voter Educators.

Voter Educators should use this Handbook in conjunction with the Voter Education Facilitators Guide for Voter Registration to prepare for their presentations. Voter educators are encouraged to use the suggested learning activities flexibly; where necessary they can create their own activities that are relevant to the target audience.

The Handbook is organized into four (4) Units;

Unit 1. Democracy and Citizens’ Participation

This unit discusses the concept of democracy: its meaning, values and principles. It also discusses the importance of democracy, types of democracy, participation of citizens in a democracy and barriers to democracy.

Unit 2. Elections and Democracy

This unit focuses on the nature, meaning and importance of elections, the electoral system and how elections are managed in Zambia. It further looks at corruption in the electoral process and the roles of stakeholders in the electoral process.

Unit 3. Governance

This unit discusses meaning of governance, citizens’ participation in public affairs, the three organs of

government and the principle of separation of powers.

Unit 4. Voter Registration

This unit centres on voter registration. It discusses the importance of registering as a voter, qualifications and disqualifications to register as a voter, the categories and procedures for voter registration. It further provides information on inspection of the register of voters, objections, appeals, offences and penalties during the voter registration process.

Each Unit begins with an introduction, followed by objectives, methodology, key issues, learning outcomes, content and suggested learning activities.

Facilitators can use suggested learning activities to stimulate discussions during voter education meetings. Facilitators should, however, adapt them to the local situations. The activities can therefore be modified to suit the target audience. Facilitators can also develop their own activities.

The Purpose of this Handbook

The purpose of this Handbook is to assist Voter Education Facilitators to work effectively and have organized voter education activities, this is because successive reviews have suggested that there is need for a more standardized approach. This Handbook is intended to provide Facilitators with reference materials necessary to conduct effective lessons.

How this book has been developed

The Handbook has been developed through reference to relevant policies, plans and regulations. The Handbook continues to be a working document that should be reviewed and updated regularly. It should be noted that the Handbook is not intended to be prescriptive and has no legal status. Instead, the Handbook should provide guidance and support to Voter Education Facilitators.

INTRODUCTION


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Intended users

The Handbook is mostly intended for use by Voter Education Facilitators as they conduct voter education for voter registration. The Handbook may, however, be used by other stakeholders such as Civil Society Organisations (CSOs) who needs to see to it that information on the electoral process reaches out to the citizenry eligible to register as voters.

Why voter education and information?

Voter Education being a significant element in the process of sustaining democratic principle of free and fair election, empowers voters with information on the gains for effective participation in elections. Voter education is part of civic education. Civic education helps citizens to participate in and contribute to the development of a democratic society. It provides citizens with knowledge about their rights and how to protect them, their responsibilities and how to carry them out effectively. Civic education is therefore a continuous lifelong education, and not only about elections.

Voter education provides voters with knowledge and information on their rights and responsibilities during an election. It raises the voters’ awareness and understanding of the importance of elections in a democracy. It seeks to provide the citizens with knowledge and skills to enable them to participate meaningfully in the electoral process.

Voter information on the other hand is about the basic information that voters need in order to take part in an election and to vote. This includes information on dates and timings for voter registration, nomination of candidates, campaigning process, polling day and announcement of results. Voter information constitutes basic facts about the electoral process.

Both voter education and information are essential for successful elections. They contribute to elections being free and fair. It is important that all eligible voters have access to voter education and information to enable them to make informed choices.

Voter Registration in progress


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1.1 INTRODUCTION

This unit discusses the concept of democracy: its meaning, values and principles. It also discusses

the importance and explores how people participate in making important decisions on how public affairs should be handled. It also examines the barriers that hinder citizens to take part in democratic processes.

Objective

To increase participants’ knowledge of democracy and citizen participation.

MethodologyPresentations, lectures and participatory approaches.

Key issues• Meaning and principles of democracy

• Types of democracy

• Importance of democracy

• Citizens’ rights and responsibilities

• State obligations

• Barriers to democracy including attitude and mind set.

Learning outcomes

By the end of the discussion on this unit, participants should to be able to

Explain /Describe :

• The meaning and principles of democracy,

• Types of democracy,

• The importance of democracy,

• Citizens rights and responsibilities,

• State obligations

• Barriers hindering citizens from participating in a democracy;

Be able to:

• Promote the values and principles of democracy,

• Avoid barriers to democracy,

• Appreciate the values of participation;

Be motivated to:

• Uphold the values and principles of democracy,

• Encourage people to take part in democratic activities.

1.2 WHAT IS DEMOCRACY?

1.2.1 Meaning of Democracy

Democracy broadly means “rule by the people”. It means that the power to rule lies with the people that choose their leaders and representatives, and can have the opportunity to replace these leaders in periodic elections where credible elections are conducted. The people decide on how they should be governed. A democratic system should give all the people an equal opportunity to take part in deciding how public affairs should be managed.

The aims of democracy are:

• Freedom for all,

• A just society,

• Equal opportunities for all,

• Equality before the law,

• The rule of law,

• Respect for human rights.

Democracy provides equal opportunities for all citizens, without discrimination, to take part in decision making. In a democracy, citizens should take part in democratic processes such as elections. They should obey the law. They should also respect the opinions of others and should work with others to develop their society.

UNIT 1 : DEMOCRACY AND CITIZENS’ PARTICIPATION


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Democracy Tree

1.2.2 Principles of Democracy

There are several principles or ideals and values that are essential for a democracy to work well.

These include:

A. Participation

For democracy to work effectively, citizens must have the opportunity to take part in decision making processes, as this is the basis of democracy. Moreover, through their participation citizens develop

skills, knowledge, and attitudes which strengthen democracy. By interacting with others, individuals can, for example, become tolerant of people who hold different views from their own. At community level, people who participate in community activities also develop a sense of their own individual worth and an increased sense of being part of the community.

B. Separation of Powers

The three arms of government, that is, the Executive (the President, the Cabinet and the Civil Service),

Voter Education Facilitator’s Handbook for Voter Registration 20155

I am registered as a voter, are you?Voter Education Facilitator’s Handbook for Voter Registration 2015 6

the Legislature (Parliament) and the Judiciary (the Magistrates and Judges) should perform their roles without interference from each other.

C. Rule of law

Government decisions and actions should be based on the existing laws. Citizens should also obey the law at all times.

D. Equality before the law

All citizens are treated equally before the law.

E. Respect for fundamental human rights

The rights of all citizens should be respected and protected. Fundamental human rights include freedom of speech, expressions, movement and association.

F. Transparency and accountability

The citizens should be able to ask the government about what it has done and the government should provide feedback.

1.2.3 Types of Democracy

There are two types of democracy: direct democracy and indirect or representative democracy.

A. Direct democracy

This is a form of democracy where all people are involved in making decisions without using representatives. Each person is given an opportunity to take part in making public decisions directly. They do not ask or choose anyone else to make decisions on their behalf. It is for this reason that direct democracy is also called participatory democracy as it involves all citizens in making decisions on public matters.

One example of participatory or direct democracy is a referendum. In a referendum, citizens are directly involved in deciding on a matter of national importance, without delegating their right to make the decision to a representative.

It is easy to use direct democracy in organizations and associations whose membership is quite small. Direct

or participatory democracy is, however, expensive and difficult to arrange for a large population. This is because it requires everybody to take part directly in exercising his or her choice whenever a major decision needs to be made.

B. Representative or indirect democracy

In a representative democracy, people choose representatives who govern on their behalf. This is called indirect democracy since each person exercises his or her powers to make decisions through a representative. This is the form of democracy most commonly practised in modern nations/states because they cover a large area and their populations have many different needs and problems. It is difficult to directly involve all citizens in making decisions in such a situation.

Indirect democracy is also practiced in most Private and Public Organizations. Most organizations elect committees, boards and councils to represent them in decision making. These representative bodies make decisions on behalf of the members of the organizations. Examples of organizations which practice representative democracy are schools (Parents Teachers’ Association (PTA) Committees), Trade Unions, Farmers’ associations and Sporting Associations such as Football Association of Zambia.

Zambians practice indirect democracy by choosing or electing the President, Members of Parliament and Councillors to represent them. By doing so, Zambians delegate their power to govern and make decisions through these elected leaders. It is, therefore, important that all eligible citizens participate in choosing their President, Members of Parliament and Councillors.

Note: Representative democracy is what is highly practiced in most countries. However, it has not been effective because most of the electorates do not know their rights and freedom. It is important for them to know that they have duties and obligations as citizens if representative democracy is to be effective.


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1.2.4 Importance of Democracy

Democracy is important because it protects the rights and promotes the freedoms of citizens.

It gives citizens an opportunity to participate in making decisions on public affairs that affect their daily lives. Some of the reasons why democracy is important are:

A. Promotion of freedom

Democracy guarantees freedom. Freedom is the ability to make choices and go about our daily lives without being hindered by others. Freedom does not mean that we can do anything we like any how. We have to make sure that what we are doing does not harm the freedoms of others. We should not enjoy our individual freedom at the expense of other people.

B. Promotion of equality

In democracy all people are seen as having been born equal and are treated equally before the law. This promotes citizens’ equality before the law. Democracy ensures that there is no discrimination against any person by reason of gender, religion, age, tribe, ideas, disabilities or illness such as HIV/AIDS. Each person or group of people is treated equally.

C. Promotion of the rule of law

In democracy, people are governed by the law. No person is above the law. All people are bound by the law and are all equal before the law. Leaders must exercise their powers according to the law and laid down human rights.

D. Promotion of accountability

Elected leaders are required to be accountable to the people. The people can therefore ask for information on how the leaders are running public affairs and the leaders should provide this information.

E. Promotion of tolerance of divergent views

A society that flourishes with strong values of tolerance for divergent views from other political parties and interest groups. It requires participation and involvement of people at every level of public life and decision- making process that affects their lives.

1.3 THE PARTICIPATION OF CITIZENS IN A DEMOCRACY

1.3.1 Why Should Citizens Participate?

It is noted that democracy is rule by the people. People are the highest authority and source of power in democracy. For democracy to work, people must be free to express themselves.

They must also have the opportunity to participate in making decisions on public affairs. People’s participation should go beyond casting a vote during elections. It should include participation in activities

Register to vote and delegate your power to your representatives through elections


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that contribute to the welfare of the society.

Citizens should be involved in developing public policies. They should ensure that their leaders are accountable for the decisions they make on their behalf. Citizens should also be on their guard to make sure that the representatives they choose carry out their responsibilities according to the citizens’ expectations. Citizens should know how they can be involved in the decision making processes whether at local or national level.

At local level, for example, the Local Government Act allows members of the general public to attend council meetings and to inspect the way the council uses its funds.

1.3.2 Citizens’ Responsibilities and State Obligations

A citizen is a person recognized by the law as a member of a state and is entitled to be protected by that state. Citizenship expresses the population’s right to the territory and loyalty to the state, and the state’s duty to protect the population.

The sovereignty of the state is the independence of that state from other states, its authority over the behavior of those within its territory, and ability to enter into relationships with other states. The sovereignty of the citizen refers to the independence which each individual has and the collective power of the citizens in general.

Note: The relationship between the state and the citizens is one of give and take. Each side is entitled to certain rights but also owes certain responsibilities to the other.

1.3.2.1 Responsibilities of the Citizen

Citizens have duties to the state and to each other. These duties come from the loyalty they owe to the state.

Citizens have the following responsibilities:

A. Social Obligations

• Living peacefully with each other

• Respecting the rights of fellow citizens

• Living within the law

• Carrying out family obligations

• Teaching young citizens good values

B. Economic Responsibilities

• Working and contributing to economic growth to the best of their abilities

• Contributing to the income of the state by paying taxes

C. Political Responsibilities

• Taking part in elections and other community activities

• Helping to develop a society which accepts democratic principles

• Making sure that the state uses national wealth for the benefit of all and for the common good

• Respecting the rule of law

1.3.2.2 Responsibilities of the State

The state has obligations to its citizens. These arise from the loyalty it receives from citizens, and the powers which the citizens have granted to the state.

A. Protection of the Constitution

The state must defend and work within the constitution. It should allow changes to it, only in accordance with the provisions of the constitution.

B. Respect for Rule of Law

The state must respect all the laws which have been established in accordance with the constitution. The state must operate within the law and must not consider itself above it.

C. Security of the State and its Citizens

The state has a duty to protect its territory, its population and its sovereignty. It must provide for and guarantee the safety of its citizens.


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D. Protection of Freedoms and Rights

Fundamental rights and freedoms are rights of all citizens that cannot be taken away or denied. For example, the right to life, freedom of association and freedom of speech. It is the duty of the state to ensure that human rights are protected by law and guaranteed in practice. The state should ensure that there is no violation of human rights.

E. Conflict Management

The state has a duty to maintain law and order. It must ensure that courts and other judicial bodies are independent and law enforcement agencies are impartial and just in their activities.

1.3.3 Citizens and Representation

Representative democracy is the most common form of democracy. In a representative democracy, citizens choose or elect the leaders to govern and make decisions on their behalf.

Elected leaders enter into an agreement with the citizens who have elected them. Leaders are expected to represent the wishes and will of the citizens. Citizens can renew or withdraw this contract during an election by choosing the same leaders or new representatives.

For democracy to thrive both the citizens and the government must be committed to it. In an ideal situation, all eligible citizens should take part in choosing their leaders. However, there are several obstacles that hinder some of the eligible citizens

from participating in this process.

1.4 BARRIERS TO DEMOCRACY

A. Citizens’ ignorance of their Rights

Citizens who do not understand their rights cannot participate effectively in democratic processes. They do not have adequate civic knowledge to make decisions. They also sometimes do not realize the importance of participating in decision making. This hinders the development of a democratic society.

B. Poverty

For many of the poor, political activity is not a priority. They are more concerned with meeting their basic needs such as food, shelter, clothing and security. They do not realize that by participating in decision making they could improve their lives. They are also vulnerable to bribery and vote buying during elections.

C. Elections that are not Free and Fair

When elections are not free and fair, people do not participate in the electoral process meaningfully. This raises questions on the legitimacy of the electoral process and the government constituted as a result of such elections.

D. Discrimination

Discrimination against people based on gender, disability or HIV status hinders their participation in democratic processes.

Everyone is equal before the Law


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(i) Women

In most African communities, women have been assigned roles that relegate them to second class citizens. Some communities do not consider women as important in making decisions on public affairs and do not allow women to take leadership positions.

(ii) Persons with disabilities

Persons with disabilities are perceived by some sections of society as having limitations in participating in decision making. They are considered by society as not being capable of being leaders.

(iii) People living with HIV/AIDS and other Diseases

People living with HIV/AIDS and other diseases are discriminated against.

A democratic system should therefore seek to provide specific opportunities for women, persons with disabilities and other groups who are discriminated against to participate in decision making.

(iv) Tribalism

Choosing leaders on the basis of their tribe works against the development of democracy. Such leaders are not necessarily effective. People should be chosen as leaders based upon how successfully they can represent and achieve the wishes of the people.

1.5 SUGGESTED LEARNING ACTIVITIES

Learning activity 1

The Facilitator should introduce the discussion on democracy by:

“It is important to know your rights especially the right to vote!”

“I know my right to vote and I am going to vote.”


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• Asking participants to give examples of instances where they have heard the word democracy being used or instances when they themselves have used the word democracy.

• Asking participants to explain what, in their opinion, the word democracy means in the instances cited above.

• Identifying the important and relevant elements in the meaning of democracy given by participants and using their examples to explain the meaning of democracy.

• Introducing the principles of democracy and asking participants to identify from

their own experience instances where:

(I) The principles have been practiced

(II) The principles have been violated

• Asking participants to cite an event in their community in which democracy can be said to have worked effectively.

• Concluding the session by asking participants what they can do to strengthen democracy and ensure that it works at both community and national levels.

Learning activity 2:

Types and importance of democracy

Stories can be used to introduce ideas or concepts

I am Registered as a Voter, are You?


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that would otherwise be difficult for participants to understand or relate to. Here is an example of how a story can be used to introduce a discussion on types of democracy and the importance of democracy.

Before telling participants the story, ask them to give examples of instances where they have had to be represented in making decisions.

• How did they choose the person to represent them?

• What did they do to ensure that the person represented them effectively?

After participants have given their examples, ask them to listen to the following story and discuss the questions that follow.

Direct and representative democracy: which one is better?

CASE STUDY

In Muzungu community, there was a flood and the bridge connecting the community to where schools and health facilities (clinic) were located was washed away depriving them access to these services. Members of the community approached the local authority for the bridge to be repaired. The local authority advised people of Muzungu community to have a committee to spearhead the rehabilitation of the bridge. The committee was to be elected by community members. Mr Salt Munyo who was known to be extravagant and owed a lot of people money, won the election as chairperson of the committee using bribery.

At a District Council meeting, it was decided that Muzungu community bridge be funded through the chairperson’s account as the Committee did not have a bank account. Mr Salt Munyo got the money without informing the community and continued to lead his luxurious life while community members continued to suffer. A lot of community members continued to drown as they tried to cross the river. Five months later, the local authority sent officers to inspect the works but to their surprise, no activities were going on. When Mr. Munyo heard that local

authority officers were around to inspect the bridge, he ran away to an unknown place.

During this session, ask participants to:

• Explain the lesson in this story,

• Explain why Mr Salt Munyo was a bad representative,

• Discuss how they can choose effective representatives,

• Describe the things that hinder them from choosing the representative they would like to have,

• Give views on why democracy is important.

The Facilitator should use the answers given by participants to explain the concepts of direct and representative democracy and how democracy; works at local and national level.


Democracy and citizens’ participation

A Facilitator can use the experiences of participants who have taken part in democratic processes, whether at the local or national level, to introduce discussion of citizens’ participation in democracy.

• Find out from the participants whether they are members of any community welfare group, religious group or association among others.

• Ask those participants who are members of such groups to explain the role they play.

• Do they participate in making the rules that govern the group? Are they involved in making decisions on how the group should carry out its activities?


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The Facilitator should ask participants to make suggestions on what can be done to remove or minimize the impact of such barriers.

• What do they expect the group to do for them and what does the group expect them to contribute?

• Ask those participants who are members of the above groups to explain what they consider to be the benefits of being members.

• In the community, there are people who face difficulties in participating in such groups. Ask participants to identify such people.

• What hinders the categories of people identified from participating in community affairs?

The Facilitator should use the examples and views expressed by participants to discuss the barriers to democracy in detail.

We have the power to vote in our hands! Do you?


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UNIT 2: ELECTIONS AND DEMOCRACY2.1 INTRODUCTION

Elections are very important in a democracy because through them we choose our representatives.

When direct democracy cannot be achieved, representative democracy becomes the alternative through which the “rule by the people” can be attained. In a representative democracy leaders are chosen through elections.

Elections are democracy at work. During an election people can assess the performance of their representatives and choose to re-elect them or elect new leaders. Through elections leaders are given the authority to represent the people.

Elections can only fulfill their role in promoting and achieving democracy if they are credible. This applies when filling political offices, positions in community organizations, religious groups, labour unions and others where elections are used to get people into leadership.

ObjectiveTo provide participants with information on elections in Zambia.

MethodologyPresentations, use of flip charts and other participatory approaches

Key issues• Meaning and purpose of elections

• Electoral system in Zambia

• Management of elections in Zambia

• Delimitation

• Types of elections in Zambia

• Free and fair elections

• Key stakeholders and their role in the electoral process

Learning outcomes

By the end of the discussion on this unit, participants should:

Explain/Describe :

• The meaning and importance of elections

• The Zambian electoral system

• Key characteristics of free and fair elections

• The stakeholders in the electoral process

Be able to:

• Promote free and fair elections

• Interact with key stakeholders in the electoral process effectively

Be motivated to:• contribute to free and fair elections

• participate in the democratic processes

2.2 MEANING AND IMPORTANCE OF ELECTIONS

2.2.1 Overview of Elections

• Elections are a process through which electorates

are given the opportunity to choose or elect

representatives from among the many that could

have canvased for their votes. These elections are

to be organised regularly.

• It is the period when the right to vote is exercised

by all citizens who are registered as voters

regardless of their sex, origin, race, level of

education, or financial situation.

• It is a fair way of deciding going by the principle of

one person one vote.

• Guarantees the principle of secrecy of the vote

which protects electorates from unwarranted

pressure by candidates or political parties.


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2.2.2 Meaning of Elections

Elections are a process through which people transfer the power they hold to make decisions and manage public affairs to a person, a representative, to exercise it on their behalf.

Elections provide citizens with a formal opportunity to influence the political process and to decide who will hold power to govern.

Elections are, therefore, an important aspect of representative democracy. The Constitution of Zambia provides for a system of representative democracy. The Constitution requires that elections are held in order for citizens to choose representatives to govern on their behalf.

Through elections, the people choose the leaders to represent them in key institutions of government: the Presidency (Executive), Parliament (Legislature) and Councils (Local Government). All eligible citizens should participate in elections to choose leaders to these important offices.

The people they elect have the responsibility of managing the affairs of the country on their behalf. These leaders should be transparent, honest and accountable to the people at all times.

2.2.3 Importance of Elections

Elections are important for the following reasons:

A. Participation of the People

Elections provide an opportunity for the people to participate in the governance of their country. Elections should involve all citizens who qualify to take part.

B. Choosing Political Leaders

Elections are the principal source of political leaders. Political parties nominate candidates to compete for political offices.

C. Forming Government

In Zambia, the candidate with the highest number of votes in a presidential election, forms government.

D. Providing Representation

Elections provide an opportunity for citizens to choose representatives that speak and decide on their behalf.

E. Contributing to building a sense of responsibility among Political Leaders

Elections give citizens an opportunity to review the performance of their leaders. Leaders therefore need the electorate’s approval and must be responsive to the electorate after they are elected.

F. Granting Legitimacy to the Government

Elections give legitimacy to the government. This means that through elections citizens give the government the right and authority to rule. This promotes political stability and helps development in the country.

G. Influencing Policy

During elections, citizens have a chance to choose parties that support policies that are beneficial to the people or the country.

H. Informing the Voters

The process of campaigning during elections provides people with information about candidates, parties and their policies. Thus political, economic and social issues are discussed during elections.

2.3 THE ELECTORAL SYSTEM IN ZAMBIA

An electoral system is a set of rules on how votes are converted into seats in a legislative body (such as parliament). The purpose of an electoral system is to


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translate the will of the people, as expressed through the ballot box, into members of a legislative body or for election to a position such as a President.

The electoral system should not be confused with the electoral process of a country. The electoral process refers to the procedures followed in the conduct of elections.

Zambia has an electoral system called “First Past the Post”. This means that a candidate who gets the highest number of votes cast in an election (the first candidate “past the post”) wins, regardless of the total number of votes the other candidate receives. For example, three candidates are contesting an election; the first candidate gets three votes, the second candidate also gets three votes and the third candidate gets four votes. The candidate with four votes wins the election. When Presidential, National Assembly and Local Government elections are held on the same date, this is referred to as a tripartite election.

Citizens choose their leaders during elections through voting. Only Zambians who are eighteen years old and above, are in possession of the green National Registration Card and are registered as voters by the Electoral Commission of Zambia are allowed to vote. Voting is done by secret ballot.

2.4 THE ELECTORAL COMMISSION OF ZAMBIA

Establishment

The Electoral Commission of Zambia (ECZ) is an independent Electoral Management Body established under Article 76 of the Constitution of Zambia. It has the responsibility to manage elections in Zambia.

Composition

The Commission consists of a Chairperson and not more than four other members appointed by the

President, subject to ratification by the National Assembly, for a term not exceeding seven years. The Chairperson and members of the Commission serve on full time basis.

Functions of the ECZ

A. Constitutional Functions

Article 76 of the Constitution of Zambia provides for the constitutional functions as follows:-

• To supervise the Registration of Voters and review the Register of Voters/Roll;

• To conduct the Presidential and National Assembly Elections;

• To review the boundaries of the Constituencies into which Zambia is divided for the purposes of elections.

B. Statutory Functions

In addition to the functions given to the Commission by the Constitution, the Electoral Commission has the following statutory functions to perform:-

• To conduct and supervise the Local Government Elections;

• To conduct Voter Education;

• To formulate and review Electoral General Regulations;

• To resolve electoral disputes through establishment of Conflict Management Committee ;

• To conduct referendum when called upon;

• To perform any other statutory function for which the National Assembly may call upon it.


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2.4.1 Delimitation

Delimitation is the process of drawing the boundaries of constituencies, wards and polling stations.

Constituencies for the purpose of voting for Member(s) of Parliament (MP)

Wards for the purpose of voting for Councillors

Polling stations for the purpose of allocating voters into voting centres

The delimitation exercise is carried out by the Electoral Commission of Zambia. The Commission consults with people (Civic Leaders, Political Parties, Civil Society Organisations among others) to establish suitable boundaries.

Factors of Delimitation

Some of the major factors that influence the delimitation process are:

• Population

• Settlement pattern

• Geographical terrain

• Developmental prospect

• Vastness of the area.

Note: After delimitation there may be new constituencies,wards or polling stations. The increase in the number of constituencies takes place after amendment of the constitution.

2.4.2 Types of Elections In Zambia

There are three main types of elections:

a. Presidential Elections - for choosing the Republican President,

b. National Assembly Elections - for choosing the Members of the National Assembly,

c. Local Government Elections - for choosing Councilors.

Tripartite Election

A tripartite election refers to the holding of the Presidential, Parliamentary and Local Government Elections at the same time.

By- Election

If a Parliamentary or Local Government seat becomes vacant before the tripartite elections, then a by-election is held. A seat can become vacant for various reasons. For example, if the incumbent dies, resigns or seat is nullified.

Vacancy in the Office of the Republican President

If the position of Republican President becomes vacant for any reason, a Presidential Election is held.

Dissolution of parliament

Parliament is dissolved and all seats declared vacant before Presidential and National Assembly elections are held. Councils are also dissolved and all seats declared vacant.

2.4.3 Corruption in the Electoral Process

Elections are held so that the people can choose leaders and a government of their choice. Thus, the electoral process must be based on justice and fair play. Any attempt to use dishonest methods to win elections undermines the integrity and credibility of the electoral process and therefore undermines democracy itself.

Corrupt practices that may happen during elections include the following;

a. Voter Bribery

During the campaign period, some political parties and candidates may offer voters money and goods, such as mealie meal, to induce them to vote for a particular party or candidate. Sometimes they buy beer and provide entertainment to voters in order to influence the way they vote. This is voter bribery.

b. Buying voters’ cards

This involves exchanging voters’ cards for money and other valuables such as salt, sugar and soap among


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BUYING OR SELLING OF VOTERS’ CARD(S) IS

AN OFFENCE...AND YOU CAN BE JAILED!


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others. This type of corruption disenfranchises voters. The voters who sell their cards lose the opportunity to vote on polling day.

The effects of corruption on the electoral process

• Wrong candidates may be voted for. The candidates elected may not be those whom the electorate would have chosen in a corruption free process.

• Dishonest leaders who are a threat to democracy may be voted into power. Such leaders derail development and increase the suffering of the poor.

• Leaders elected to power through corrupt means do all they can to stay in power. They violate human rights, damage democratic institutions and ignore the basic needs of the people.

• Corruption in the electoral process reduces leaders’ accountability to the people and the quality of people’s representation in policy making.

What are the Ways of fighting corruption in the electoral process?

The following are important ways of fighting against corruption in the electoral process:

a. Public education

This is the process of educating members of the public on the harmful effects of corruption. It is an integral part of raising awareness of the public with a view to promoting personal integrity.

Voters should be made aware of the way in which corruption takes place during elections. They should also be made aware of the effects of corruption on elections. This is a very important step towards a credible election. Civil Society Organizations (CSOs) together with those who administer the electoral process should inform the voters about the effects of corruption.

b. Punishment

Those who are found to be involved in corruption in the electoral process should be punished. This involves enforcing the electoral code of conduct and the electoral act.

c. Political will

There must be a strong political will to fight corruption amongst all the major players in the electoral process.

d. Prevention

The ECZ, Law Enforcement Agencies, CSOs, government institutions and the general public should play an active role in preventing corruption by making their presence felt during the election period.

The voters must:

• Safeguard their voting right by not giving away or selling their voters’ cards and not accept money or goods

• Report cases of corruption to the relevant authorities such as the Zambia Police (ZP) Service, ECZ or Anti-Corruption Commission (ACC).

2.4.4 Free and Fair Elections

Leaders elected in a free and fair election will be accepted as leaders who have the mandate of the


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people to govern. The electoral laws should be fair to all players in the electoral process and should be applied without discrimination.

All the electoral activities that take place before, during and after the election day help to determine whether or not elections were free and fair. It is therefore, important that these stages of the electoral process are well managed.

The conditions that contribute to free and fair elections include;

• A well-organized registration of voters exercise that gives an opportunity to eligible Zambians register as voters,

• Access to information by all voters and candidates on all aspects of the electoral process,

• Freedom for voters and candidates to hold meetings and campaign freely without being intimidated or threatened,

• Objective and balanced media coverage of candidates and all political parties,

• All contestants conduct their campaigns in accordance with the Electoral Code of Conduct,

• The voting and counting processes are conducted according to laid down procedures and are transparent, and

• All eligible voters are able to cast their votes without any difficulty.

2.5 STAKEHOLDERS IN THE ELECTORAL PROCESS

Stakeholder Role they can play

PoliceMaintain law and order in the electoral process.

ACCTo maintain a corruption free atmosphere

Media To inform and educate electorates on the electoral process,

To build peace and act as watchdogs.

CSO Provide civic education which promotes free and fair elections, promote democracy and public participations,

Political PartiesTo conduct peaceful campaigns as they canvas for votes.

Citizens To exercise the right to vote for the leaders of their choice.

To make leaders accountable.


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Meaning and importance of elections

Explain the meaning of election (Elections is the process by which eligible citizens in a country vote for candidates or political parties of their choice who are to be their representatives in government). The use of scenarios (descriptions of how things might happen) is a powerful way of presenting abstract concepts. Here is a scenario on the people’s participation in deciding on issues that affect them and the importance of regular elections in promoting democracy.

Elections or no elections

CASE STUDY

The people of Liyala village had for a long time wanted to have a hammer mill to reduce on the old system of grinding maize grains using a pestle which was labour intensive. They came together and decided to start the project of buying an industrial hammer mill. In order for them to have a systematic and orderly way of handling the process of raising the required funds, they decided to elect a committee. Having resolved to buy a hammer mill, community members contributed money raised from the sale of their farm produce to the committee.

After two years of collecting contributions from community members, a hammer mill was bought. The village held a big ceremony to celebrate the purchase of the hammer mill.

The committee members that managed the fund raising were asked to continue running the hammer mill in the interest of the community. At the early stages, the community members were reluctant to change the executive members of the committee. As years passed the committee was no longer transparent and started mismanaging funds raised

from the hammer mill.

By the fifth year, committee members became more powerful than the community and made a decision to start paying themselves monthly salaries without the consent of the community. As a result, the price for grinding maize grains was hiked. Consequently, the community could hardly manage to pay for milling and were being forced to go back to the method of pounding their maize instead of using a hammer mill.

The community started getting agitated and was of the view that the executive committee be changed. However, the committee refused to call for a meeting.

To this effect, a group of community members came together and reported the matter to the local authority. The local authority advised the committee to call for a meeting where members would choose a new executive committee. However, the committee did not act in accordance with the advice. This made the community members to stop using the hammer mill completely. Since no funds were being raised, the committee members were unable to pay themselves salaries, buy fuel and lubricants for the hammer mill. The local authority ordered that a meeting be called or the matter be reported to the law enforcement agencies.

After presenting this scenario, ask participants to discuss:

• What went wrong with the running of the affairs of the hammer mill?

• Measures that would have worked to prevent the

a. Hammer mill from stopping operations

b. Local Authority from intervening

• Why it is important to hold regular elections?


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The Facilitator should use the views of the participants to discuss:

• The meaning of elections

• The importance of elections

• The need for clear guidelines for office bearers including their powers and tenure of office.


Types and management of elections in Zambia

Voters’ understanding of the types of elections held in Zambia and the way elections are managed is very important. A Facilitator may use the participants’ experience in past elections to stimulate discussion on this topic.

• Ask participants whether they have ever voted in an election, whether in a community, local government, national assembly or presidential.

• Ask participants to name the types of elections held in Zambia.

• How is the winner decided on in an election?

• Divide the participants into two groups and ask each group to brainstorm on factors that contribute to free and fair elections.

After the group discussions, discuss in detail:

• The electoral system in Zambia,

• The role of ECZ in the management of elections,

• The three types of elections held in Zambia,

• The conditions that contribute to free and fair elections.


Stakeholders in the electoral process

The media, political parties and civil society all play a key role in the electoral process. The electorate should understand and appreciate the role each of these play.

The Facilitator could ask participants to:

• Give examples of how the media helps them to know how elections are conducted and what they should do as voters,

• Explain the role political parties play in elections,

• Identify examples of civil society organizations in Zambia that are involved in issues related to elections, and

• Discuss how community based organizations, non-governmental organizations and religious organizations help them to participate in elections.

The Facilitator should use the views expressed by participants to discuss in detail:

• The role of the media in the electoral process,

• The meaning and functions of political parties,

• The meaning and role of civil society in elections.


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3.1 INTRODUCTION

This unit discusses how public affairs are run and how good governance can be established in society. It looks at the types and functions of the key organs of government.

Governance refers to the way a group of people or a society manages its affairs. Governance is exercised in a family, public institution, civil society, private enterprise among others. Governance, in this context, refers to how these groups are run. If they are run efficiently and to the benefit of all members, the groups are said to practice good governance. In situations where there are undemocratic practices, misuse of power by the leaders and a lack of accountability, the groups or institutions can be said to practice bad governance.

Objectives

To enable participants acquire knowledge about governance and the organs of government.

Methodology Group presentations, use of flip charts, group discussions and other participatory approaches.

Key issues • Meaning of governance

• Ways of establishing good governance

Learning outcomes

By the end of the discussion of this unit, participants should:

Understand:

• The meaning of governance,

• The role of the organs of government,

• Essential elements of good governance,

• Organs of government

Be able to:

• Participate in establishing good governance.

Be motivated to:

• Promote good governance at all levels in society,

• Choose leaders that respect and practice good governance.

3.2 GOVERNANCE

Meaning of governance

Governance is simply the running and management of public affairs for the benefit of all the people. At the national level, the government manages the affairs of the state. Government is made up of institutions that have been set up by the people and the individuals who have been chosen by the people.

3.2.1 Essential Elements of Good Governance

There are six main elements that are essential for good governance to be realized.

A. Participation

In good governance there is no discrimination, all persons regardless of marital status, sex, religion, disability, and race have a say in the decision making processes of their country.

B. Consensus oriented

Government should be in a position to take into consideration the interests of other groups for a broad consensus to be reached.

C. The legitimacy of government

A legitimate government is one that has been elected into office and governs with the consent of the people.

UNIT 3: GOVERNANCE


24

D. The transparency and accountability of government

The government should be answerable for its actions. This means that information must be available to the citizens, the media must be free, decision making must be transparent and there should be systems in place to call individuals and institutions to explain their actions.

E. The competence of government

Government should be able to make policies and make decisions effectively and carry them out well. It should also deliver services to the people efficiently.

F. Respect for human rights and the rule of law

Government should guarantee individual and group rights and security. It should provide a framework for economic and social development, allow and encourage everyone to participate in the decision-making process.

3.3 PEOPLE AND GOVERNANCE

Good governance enables people to have access to basic services such as education, health, housing and safe drinking water. Good governance generally contributes to the improvement of people’s standard of living. Where there is good governance there is no corruption.

Governance takes place at different levels in society. At the family level, members share duties and tasks. Good governance within the family is practiced through promoting consultation about those issues that will have an impact on the wellbeing of either individual members or the family as a whole.

Within the community, more people are involved and so the decision-making process becomes more complicated. It becomes more difficult to fulfill everyone’s needs. Hence, a few elected individuals make decisions on behalf of the community.

At state level, there are many groups with different interests. It is only possible for the government to listen to and respond to them all if it keeps its channels of communication open.

Open communication is an important part of good governance. Governing institutions should make sure that the interests of all people within the state are heard, considered and, if possible, satisfied. This has an effect on good governance. The government has a major responsibility to make sure that all its different groups of people are able to live together willingly and peacefully.

Thus, good governance requires the government to abide by the rule of law and uphold the key democratic principles of liberty, equality, and social justice.

3.4 ORGANS OF GOVERNMENT

The Zambian Constitution provides for three organs of government. These key organs are the Executive, Legislature and the Judiciary. Each of the organs of Government carries out specific functions as provided for in the Zambian Constitution.

3.4.1 The Executive

The executive is the branch of government that is empowered to carry out daily administration of the State. The executive is headed by the Republican President, and includes the Cabinet, Government line ministries and public service departments.

The President appoints Ministers from among Members of Parliament to provide leadership and policy direction. The President also appoints most constitutional office holders such as the Chief Justice, Deputy Chief Justice, Judges of the Supreme Court and High Court, the Attorney-General, the Director of Public Prosecutions, the Auditor General, the Secretary to the Cabinet, the Chairperson and Members of the Electoral Commission and also the Human Rights Commission among others. In addition, the President appoints heads of law enforcement and security agencies. It is important to note that the President has the power to suspend and dismiss some of his appointees.

Some of the functions of the Executive are:

• To enforce the law that is made by parliament through the various law enforcing agencies such as the Zambia Police, Anti-Corruption Commission (ACC), drug enforcement Commission, Road Transport and Safety Agency (RTSA) among others.


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• It formulates and implements government policies and programmers through the various line ministries and other spending agencies such as: Youth empowerment policy under the Ministry of Youth and Sports.

• It is also the responsibility of the executive organ of the government to provide services such as health, education, state security, etc for its citizens.

• It also carries delegated legislation functions such as issuing of Statutory Instruments.

3.4.2 The Legislature

The legislative power of the Republic of Zambia is held by Parliament, which consists of the President and the National Assembly. It is responsible for making laws, repeal, amend and to provide other oversight roles such as scrutinizing government programmes, approving government financial estimates (budget) for the various government programmes.

The Parliament in Zambia consists of 158 Members of Parliament in which 150 members are directly elected by the people in the 150 constituencies that they represent while 8 of them are nominated by the Republican President. The house is presided over by the Speaker of the National assembly. In Zambia, there is only one legislative Chamber where all the members of parliament meet to legislate.

The functions of Parliament include the following:

• Making laws.

• Scrutinize government policies, programmes and expenditure plans by making inputs into, approving and monitoring the national budget. Parliament has a responsibility to hold the Executive accountable for the actions or inactions.

• Looking closely at the actions of the Executive and checking its powers so that the government is responsible and accountable. It does this through:

(i) Questions put to Ministers by members of the National Assembly (Members of Parliament - MPs),

(ii) Reviewing the performance of government ministries and departments,

(iii) Motions submitted by backbenchers, which give members an opportunity to debate government policy on a matter of public concern,

(iv) Checking on how government resources are used. By doing this it makes sure to prevent poor administration of public resources for all citizens to benefit,

(v) Ratifying appointments made by the President of certain constitutional office holders, for example, the Chief Justice, the Chairperson and Members of the Electoral Commission,

The Supreme Court of Zambia


26

The National Assembly has the power to impeach the President for violating the constitution or for gross misconduct.

3.4.3 The Judiciary

The Judiciary is responsible for interpreting the laws made by the legislature. It has the power to adjudicate over legal matters and decide legal disputes. The Judiciary is created under part VI of the Constitution and is headed by the Chief Justice. It is organized in a hierarchical structure as follows (starting with the highest court):

• The Supreme Court

• The High Court

• The Industrial Relations Court

• The Subordinate (Magistrates) Courts

• The Local Courts

• Other courts formed by an Act of Parliament such the Small Claims Court

All members of the Judiciary are expected to be independent and impartial. They should carry out all their activities based on the constitution and the law. They also have to behave in accordance with a code of conduct passed by Parliament.

Some of the Functions of the Judiciary are:

a. Interpreting the laws of Zambia

b. Adjudicating over legal matters

c. Deciding on legal disputes.

SEPARATION OF POWERS

The principle of separation of powers sets limits on the work of the Judiciary, the Legislature and the Executive. It provides the checks and balances that prevent misuse of power by any of the three arms of government. The principle of separation of powers means that there should be no overlap in the powers and functions of the different arms of government. No arm of government should interfere with the functions and work of any of the other arms. No one arm of government should be more powerful than the others.

3.5 ENTRENCHING GOOD GOVERNANCE IN ZAMBIA

Entrenching good governance means creating conditions and systems that provide checks and balances in the way the country is governed. These conditions and systems prevent corruption, mismanagement and other malpractices that work against the public interest. The systems should further encourage good decision-making. In other words these conditions and systems should prevent bad governance at different levels and in many different ways.

The Executive The Legislature

The Judiciary

Organs of Government

Organs of Government in Zambia


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3.6 SUGGESTED LEARNING ACTIVITIES

Learning activity 1 :

Meaning and levels of governance

A Facilitator can create a scenario that is relevant to the local community to explain the issues of governance at different levels in Zambia. The scenario depicts typical governance problems in community based groups.

Good or bad governance

CASE STUDY

A women’s association has forty members. The chairperson of the association has the sole power to make decisions and act on behalf of the members. This power is given to her because members do not have time to meet and decide on how the association should be run. The chairperson keeps all the money that belongs to the association as well as the membership register. When the chairperson goes to the bank to open an account for the association, she is advised that two to three members should be signing the cheques. The chairperson asks her sister and daughter to become signatories to the bank account. At the end of the year, the association is required to file its financial audit report with the registrar of societies. The chairperson engages her brother, who is an auditor, to carry out the audit.

The Facilitator then asks the participants to discuss the following questions:

• Should the chairperson be able to make all the decisions on her own?

• Should the chairperson appoint her relatives to manage the association with her?

• What things could go wrong in this scenario?

• How should the power of the chairperson be checked to ensure accountability and transparency?

Ask participants to;

• Give examples of situations they are aware of which, in their opinion, illustrated good governance at work.

• Report situations when they had experienced communication breakdown.

The Facilitator should introduce a discussion on:

• The meaning of governance,

• Governance at the family, community and national level,

• The three organs of government – executive, legislature and judiciary,

• The importance of effective communication,

• Ways of entrenching good governance in Zambia.


Organs of government and other institutions entrenching good governance

The facilitator can use a variety of local examples to discuss the roles of the executive, legislature and judiciary as well as other institutions in entrenching good governance. These institutions should be discussed within the context of the principles of separation of powers, checks and balances, protection of human rights and promotion of accountability and transparency. This activity highlights how local examples can be used to stimulate discussion on this topic.

Read out the following story to the participants:

CASE STUDY

The residents of Akala have been experiencing a series of theft cases over several months. Everyone was concerned by this increase in theft. The residents came together and complained to the local police. The police laid an ambush and were successful in arresting two people involved in the theft. They took the criminals to the local police station where they charged them. The head of the police station was very anxious to have the criminals punished as soon as possible. He decided that the criminals should be put in custody for a period of one year for the offence without taking them before court for interpretation despite the parliament having enacted laws that stipulate the criminal justice procedures.


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After reading out the story, ask participants to discuss the following issues.

• What lessons can be learnt from the story?

• Who is responsible for arresting people who do not obey the law?

• Who is responsible for making decisions on the cases of people who do not obey the law?

• Who is responsible for making the laws?

• Why is it important that one person should not make laws, arrest offenders and sentence the offenders?

The National Assembly of Zambia


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4.1 INTRODUCTION

The Electoral Act No. 12 of 2006 empowers the ECZ to carry out continuous voter registration.

Registration of voters is the process where eligible citizens make application to be included on the register of voters. Registering as a voter allows a person to vote in an election thereby participate in the democratic governance of the country. This is further guaranteed by the Constitution which provides for every citizen’s right to be registered as a voter.

This unit outlines the voter registration categories and procedures. Its aim is to enable citizens to effectively participate in voter registration by meeting the set requirements and behaving according to the set rules.

Objectives

To provide information on voter registration.

MethodologyLectures, participatory activities/discussions and use of flip charts

Key issues• Qualifications and disqualifications of voter

registration

• Voter registration categories and procedures

• Voter register inspection

• Objections and appeals

• Registration offences and penalties

• New registrations

• Replacement of lost, destroyed, defaced or expired voters’ cards

• Transfers between Polling Station

• Removal of deceased voters from the register of voters

• Amendments to registration details as a result of clerical errors

• Omissions from the register

• Amendments to the register of voters following the outcome of appeals and objections.

Learning outcomes

By the end of the discussion on this unit, participants should:

Explain/ Describe:

• Voter registration requirements

• Voter registration categories and procedures,

• Importance of inspection of the register of voters

• Registration offences and penalties

Be able to:

• Participate in the voter registration process effectively

• Understand the categories of voter registration and the procedures to be followed

• Avoid offences related to voter registration

Be motivated to:

• Register as voters

• Apply for the relevant registration category applicable to them

4.1.1 What is the importance of a voter’s card?

The voter’s card is one of the key documents that is required for a person to vote and it proves that

Unit 4: VOTER REGISTRATION


30

a person is registered as a voter. It also shows the voting rights of a person. If a person goes to the polling station and he/she is not in possession of a voters card a person cannot vote.

The voters card has the following information:

• Full names

• Residential address

• Gender (Sex)

• Date of birth

• Portrait (photograph)

• Voter’s card number

• Signature or thumbprint

• Polling station

• Polling district

Note: The voter’s card should be kept in a safe place at all times.

4.1.2 Why should a person register as a voter?

• It gives a person an opportunity to choose representatives in the government.

• It is a person’s right and responsibility to register to vote.

• It is one of the requirements for a person to participate in an election through voting.

• Voter registration determines who may and who may not vote in an election. A person who is not registered as a voter cannot be allowed to vote.

4.1.3 How Voter Registration will be conducted

The voter registration exercise will be conducted in all registration centres at different times. The

Registration Officers will move from one registration centre (polling station) to another according to a deployment plan. After mobile registration, the process will continue at every Civic Centre for a period to be determined by the Commission.

The Registration Officers, equipped with a registration kit, will conduct voter registration according to the number of days determined by the Commission.

The time a registration centre will open and close, on each day, shall be prescribed by the Commission.

A person can apply to register for any polling station at any registration centre. The polling station will appear on the voter’s card.

4.1.4 Choosing a Polling Station

A person is advised to take note of new constituencies, wards and polling stations before choosing a polling station.

Whereas the person can register at any registration centre they are required to choose a polling station close to their residence.

A person is required to register for a polling station where they reside, so that they vote for a Member of Parliament and Councillor who will represent their area and interests.

4.1.5 Persons allowed to enter a Registration Centre

The following may enter and stay in a registration centre at any time:

i. Members of Electoral Commission of Zambia

ii. The Director of Elections and Commission

staff

iii. The Provincial Registration Officer

iv. The District Registration Officer

v. Assistant Registration Officers (Technical

Support, Supervisor and Field)


vi. Uniformed Staff assigned by the Commission

vii Any persons authorized in writing by the

Director of Elections; or

viii. Accredited organisations and individuals

Note :

Accreditation is authority granted to stakeholders by the Commission to enter a registration centre to observe the proceedings. The Commission allows for the interested organisations and individuals to apply for accreditation.

4.1.6 Maintenance of law and order in and around the Voter Registration Centre

The Registration Officers have the responsibility to ensure order in and around the voter registration centre. The Uniformed staff will maintain law and order around the centre.

Eligible voters who are 18 years and above and are in possession of a green National Registration Card (NRC) shall be allowed to register as voters at the registration centre. Upon completion of the registration process, the registered voter shall not be allowed to remain at the registration centre.

Any person who fails to leave these premises after being ordered to do so by the Registration Officer commits an offence.

4.2 QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION

4.2.1 Qualifications for Registration

A person qualifies or is eligible to register as a voter if they are:

• A Zambian citizen in possession of a Green National Registration Card.

• Have attained the age of 18 years.

4.2.2 Disqualifications for Registration

A person is disqualified from registering as a voter if he or she:

i. Is not a citizen of Zambiaii. Is not in possession of a green National

Registration Cardiii. Is under a declaration of allegiance to some

country other than Zambiaiv. Has dubiously obtained an NRC or false identity

documents contrary to the laws of Zambiav. Is medically (medical report) declared or

adjudged by court ruling (court order) to be of unsound mind

vi. Has been convicted of any corrupt practice or illegal practice within a period of five years preceding an election

4.3 CATEGORIES AND VOTER REGISTRATION PROCEDURES

The following are the categories of voter registration

and voter registration procedures;

i. New registrations

ii. Replacement of lost, destroyed or

defaced voters’ cards

iii. Transfers between Polling Stations

iv. Change of names

v. Deletions following the death of a

registered voter

vi. Correction of clerical errors

vii. Omissions from the register

viii. Amendments to the register of voters

following the outcome of appeals and

objections

4.3.1 New Registration

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This category covers persons who are registering for the FIRST TIME. These are persons who are 18 years and above and are in possession of a green NRC and have never registered as voters before.

Note:Persons who registered as voters from 2005 onwards, are already in the register of voters and cannot register under new registrations. Such voters are advised to register under other categories of Registration.

A person registering for the first time shall present his/her original green NRC to the Registration Officer. Upon being satisfied with the identity and qualifications of the person, the Registration Officer shall capture details on the Voter’s Registration Record Form. A copy of the form shall be printed to allow the person to carefully check for the following information:

• First name• Surname• Initials• Date of birth• Residential address• Postal address• NRC Number• Name of polling station• Phone number if any• Disability if any

If the details are not captured correctly, the person shall inform the Registration Officer to make the necessary corrections.

Note:Incorrect details on the registration form will lead to a voter’s card with incorrect details. This may cause a voter not to vote in an election.Upon being satisfied that the details on the registration form are correct, the person shall sign the form and a voter’s card shall be issued.

When a voter’s card is issued, the person shall verify the correctness of the details appearing on the card before leaving the reistration centre.4.3.1.1 Refusal to be Registered as a Voter

The Registration Officer can refuse to register a person as a voter. This happens when:

• The person has not attained the age of 18 years and above.

• The details on the NRC are not clear or have alterations.

• The person is using an NRC belonging to another person.

• A person does not have an original NRC e.g photocopy of NRC.

If a person’s application to register has been rejected,


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he/she shall be issued with a Statement of Refusal to Register Form .

A person has the right to appeal to the Commission against the decision of the Registration Officer.

4.3.2 Voters Card Replacement

This type of registration covers voters whose voter’s cards are lost, destroyed, damaged or defaced.

The voter shall provide a police report under the following circumstances:

• When a voter’s card is lost.• When a voter’s card is destroyed and the

voter is not in possession of it.

Note: If the voter’s card is damaged and the voter is in possession of the same, there is no need for a police report but the damaged voter’s card should be surrendered to the Registration Officer before the card is replaced.

Upon being satisfied with the identity of the person, the Registration Officer shall capture the portrait, right hand thumbprint and signature of the applicant and update the person’s details in the register of voters. The Registration Officer will then print a copy of the completed Application to Replace a Voters’

Card Form and the person shall then be allowed to carefully check that the following information is correct:

• Full names

• National Registration Card Number

• Voters’ card number (if known)

• Polling station

• Current residential address

If the information is not correct, the form will be destroyed and the Registration Officer will make the necessary corrections, reprint a corrected form.

Upon being satisfied that the details on the registration form are correct, the person shall sign the form and a voter’s card shall be issued.

When a voter’s card is issued, the person shall verify the correctness of the details appearing on the card before leaving the registration centre.

4.3.2.1 Refusal to have a Voter’s Card Replaced

The Registration Officer can refuse to replace a;• Lost or completely destroyed card if the

person is not in possession of a police report and Green National Registration Card.

Front of a Voters Card Back of a Voters Card


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• Damaged or defaced card if the person is not in possession of the damaged or defaced card and Green National Registration Card.

If a person’s application to replace his/her voter’s card has been rejected, he/she shall be issued with a Statement of Refusal to Register Form. The person has the right to appeal against the decision of the Registration Officer.

4.3.3 Change of name(s) in the register of voters

This category of voter registration covers voters applying for change of names in the register of voters after obtaining a new National Registration Card. The voter shall present to the Registration Officer, the new NRC and either a Deed Poll or Marriage Certificate, whichever may be applicable.

Upon being satisfied that the voter has properly identified himself/herself by providing his/her green National Registration Card and the old voter’s card, the Registration Officer shall update the voter’s details. This is done by capturing the correct particulars, portrait, right hand thumbprint and signature. The Registration Officer will then print a copy of the completed Application to Replace a Voters’ Card Form. The voter shall then be allowed to carefully check that the following information is correct:

• Full names (new names are included or amended)



• Polling station


If the information is not correct, the form will be destroyed and the Registration Officer will make the necessary corrections and reprint a corrected form.



Note:If details in the register of voters are different from those on the NRC, a person shall not be allowed to vote.

4.3.3.1 Refusal to have the name(s) on the Voters Card Changed

The Registration Officer can refuse to change names of a person in the register if:

• The names on the new Green National Registration Card do not match with those on the deed poll or marriage certificate.

• The person is not in possession of both the new NRC and deed poll or marriage certificate.

If a person’s application to change the names on the voter’s card has been rejected, he/she shall be issued with a Statement of Refusal to Register Form .

The person has the right to appeal against the decision of the Registration Officer.

4.3.4 Transfer to another Polling Station

This type of registration covers voters applying for a transfer to another polling station.

NoteWhen a voter transfers from one polling station to the other, he/she may not vote in by-elections in both their previous and new polling stations in the event that the register of voters is not updated and certified.

A voter who wishes to transfer from one polling station to the other but has his/her voter’s card lost, destroyed, damaged, defaced or names changed shall follow the procedures outlined above.


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Upon being satisfied that the voter has properly identified himself/herself by providing his/her green National Registration Card and the old voter’s card, the Registration Officer shall update the voter’s details. This is done by capturing the correct particulars, portrait, right hand thumbprint and signature. The Registration Officer will then print a copy of the completed Application to Replace a Voters’ Card Form. The voter shall then be allowed to carefully check that the following information is correct:

• Full names (new names are included or amended)


• Voter’s card number (if known)

• Polling station


• Polling Station

• Gender

• Portrait

If the information is not correct, the form will be destroyed and the Registration Officer will make the necessary corrections, reprint a corrected form.



4.3.4.1 Refusal to Transfer a Voter to another Polling StationThe Registration Officer can refuse to transfer a voter to another polling station if the person is not in possession of both the:

• Green National Registration Card and Voter’s Card.

• Green National Registration Card and Police

Report for the lost Voter’s Card.

If a person’s application to transfer to another polling station has been rejected, he/she shall be issued with a Statement of Refusal to Register Form.

The person has the right to appeal against the decision of the Registration Officer.

4.3.5 Deceased Voters This type of registration covers citizens applying for the removal of deceased persons from the register of voters. A person applying for the removal of a deceased voter from the register should have in their possession a sworn affidavit, a burial permit or a death certificate. The person presenting these documents can either be a registered voter or not a registered voter. They are also required to have an NRC.

Before going to the registration centre, the person should have the following information about the deceased voter:

• Name of deceased voter

• National Registration Card Number of deceased voter

• Voter’s card number of deceased (if known)

• Date of death

• Place of death

• Relationship to the deceased

When applying for the removal of a deceased voter

from the register, the person should identify himself/

herself to the Registration Officer by providing their

green NRC.

He/She should also submit:

a) The Voter’s card of the deceased person; and

b) A copy of the deceased voter’s burial permit or death certificate.


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Where a voter’s card of the deceased is lost or cannot be found, a person should submit a sworn affidavit form. A sworn affidavit can also be used in the absence of a burial permit or death certificate. In other words, a person applying for the removal of a deceased voter from the register can use a sworn affidavit form only, as long as the person has identified themselves using their Green National Registration Card.

The affidavit form should be signed by any of the

following persons:

• Head of a Government School/College

• A Magistrate/Local Court Magistrate

• District Registration Officer

• Returning Officer

• Commissioner for Oaths

Note:It is an offence to write wrong information on an affidavit form. If convicted, a person can be fined or jailed for two years or both.

Upon being satisfied with the application, the Registration Officer shall capture the person’s name and NRC number, right hand thumbprint and

signature. The Registration Officer shall then print a copy of the completed Notification of the Death of a Registered Voter Form and the person shall then be allowed to carefully check that all the following information is correct:

• Name of deceased voter

• National Registration Card Number of deceased voter

• Voters’ card number of deceased (if known)

• Date of death

• Place of death

• Relationship to the deceased


Upon being satisfied that the details on the form are correct, the person shall sign the form.

4.3.5.1 Why deceased voters should be removed from the registerIt is a civic duty and responsibility for every person to ensure the removal of deceased voters from the register. The removal of deceased voters from the register means that the register will be up to date


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and accurate. It will help the Commission to reduce on the cost of conducting elections. When cost of conducting elections is reduced, the resources will be used on other developmental projects.

The Commission will:-

•Print accurate number of ballot papers. For example, if a polling station has about 106 voters, 96 voters who are alive and 6 deceased voters, and the deceased voters are still on the register, the Commission will print 3 ballot paper booklets each containing 50 ballot papers. But if the deceased voters were removed, the Commission would have printed 2 booklets containing 50 ballot papers each. This reduces the cost of conducting elections.

•Come up with accurate numbers of voting streams.

If each voting stream has 700 voters and a polling station has 2000 voters who are alive and 600 deceased voters, such a polling station will have 3 streams instead of 2. This will lead to reduced amount of election materials, such as registers, distributed to polling station and expenses on Poll staff.

•Provide accurate electoral statistics.The percentage of voter turnout will be accurate.

4.4 INSPECTION OF THE REGISTER OF VOTERS

After the registration of voters, the Commission produces a provisional register. This provisional register is not final and cannot be used in an election. It is still open to changes or amendments.

All registered voters should inspect the provisional register of voters to make sure that their names and other details are correct. In order to be allowed to inspect the register of voters, a person MUST provide the Registration Officer with their Voter’s Card and National Registration Card.

The Commission announces the dates when the inspection takes place. During this period, a copy of the provisional register of voters is available at all

registration centres (polling stations) for inspection by the public.

4.4.1 Where do you inspect the register?Individual registered voters MUST inspect their personal details in the registers at the polling station written on their voter’s card.

Any person interested in other voters’ details can inspect the register of voters at any polling station and may object to a name of a person appearing in the register. This objection may be as a result of that person not being qualified to register as a voter or are deceased.

4.4.2 Personal details to check for during inspection

Voters should check that the following details are correct:

• Full names

• NRC number

• Voter’s Card number

• Portrait

• Gender

The Eligible citizens can also:

• Make claim against omissions from the register of voters

• Request for correction of clerical errors

• Object to a name appearing in the register of voters

• Appeal against refusal by the Director of Elections to include their name in the register of voters

4.4.3 Correction of Clerical Errors This category covers persons whose registration details have clerical errors. These clerical errors may be names, NRC number, Voter’s Card number which may have typing errors or wrong portrait.


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Persons are required to surrender the old cards to the Registration Officer in order to have their details corrected. If an old card is not surrendered, a new one will not be issued.

Upon being satisfied with the identity of the person, the Registration Officer shall capture the portrait, right hand thumbprint and signature of the applicant and update the person’s details in the register of voters. The Registration Officer will then print a copy of the completed Application to Replace a Voters’ Card Form and the voter shall then be allowed to carefully check that the following information is correct:

• Full names



• Polling station




When a voter’s card is issued, the person shall verify

the correctness of the details appearing on the card before leaving the registration centre.

4.4.4 Omission from the Register of VotersThis category of registration covers a person who is in possession of a voter’s card but his/her details have been omitted in the register of voters. If a person registered in more than one registration centre, their details will appear under duplicate in the exclusion list of the register.

However, if a person does not appear in the exclusion list of the register, they can apply to the Registration Officer to have their details included. The process of including an omitted person in the register of voters can only be undertaken at a registration centre operating with a registration kit.

The person will be required to surrender their voter’s card and be issued with a new one.Upon being satisfied with the identity and qualifications of the person using information of the NRC and voter’s card, the Registration Officer shall capture details on the Voter’s Registration Record Form . A copy of the form shall be printed to allow the person to carefully check for the following information:

• First name• Surname• Initials

A Registered Voter inspecting the Register of Voters


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• Date of birth• Residential address• Postal address• NRC Number• Name of polling station• Phone number if any• Disability if any

If the details are not captured correctly, the person shall inform the Registration Officer to make the necessary corrections.

Note:Incorrect details on the registration form will lead to a voter’s card with incorrect details. This may cause the voter not to vote in an election.



4.4.5 Objections Any person interested in other voters’ details can inspect the register of voters at any polling station and may object to a name of a person appearing or not appearing in the register.

This objection may be to:• Have a voter removed from the register as a

result of that person:

(a) Not being qualified to register as a voter or

(b) Being deceased

• Have a voter included in the register of voters

• Correct details of a registered voter

• The voter’s name not appearing in the register of voters at that polling station

4.4.5.1 Objections against a name appearing on the register of voters

Note that the person objecting must provide the Registration Officer with a:

• Green National Registration Card and• Voter’s card.

In addition, in the case of objection by reason of death, the person shall follow the procedure under application for the removal of deceased voters.

Upon being satisfied that the above requirements have been met, the Registration Officer shall complete Objection by a Registered Person to the Retention of a Name on the Register of Voters Form. The Officer shall print a copy of the completed objection form and then the person shall be allowed to carefully check that the following information is correct:

Information of the person objecting•Full names

•Voter’s card number

•National Registration Card Number

•Residential address

•Polling Station

Information of the person being objected•Full Names

•Voter’s card number

•National Registration Card Number

•Polling station

•Reasons for objection

If the information is incorrect, the Registration Officer will make the necessary corrections and reprint a copy of the corrected objection form and issue it to the person.

If the applicant is not satisfied with the rejection, he or she can appeal against the decision.


Note:The person objecting, other than removal by death, is required to notify the person they are objecting to. They may also be required to appear before the Commission or through a representative. The person being objected to may also be required to appear before the Commission to give reasons why they should not be removed from the register of voters.

4.4.5.2 Removal of the DeceasedNote that the person must provide the Registration Officer with:

• Green National Registration Card and• Voter’s card;

In addition, in the case of objection by reason of death, the person shall follow the procedure under application for the removal of deceased voters. 4.4.6 Appeal against the refusal to be registered as a voter If the Registration Officer refuses to register a person, they have the right to appeal to the Commission. This may be a person:

• registering for the first time • applying to amend details• applying for the replacement of a voter’s

card• changing names• transferring to another polling station or • applying for the removal of a deceased

voter. As stated above, these persons are issued with a Statement of Refusal to Register Form by the Registration Officer. Upon being satisfied that the person has properly identified themselves by providing their green National Registration Card and submitted a Statement of Refusal to Register, the Registration Officer shall complete the Appeal Against Rejection of Application to Register as a Voter Form and allow the person

to carefully check that the following information is correct:

• Name of appellant


• Residential address of appellant

• Postal address of appellant

• Mobile telephone number of appellant:

• Polling District

• Registration Officer reasons for rejecting application

• Reasons for appeal

If the information is incorrect, the Registration Officer will make the necessary corrections and reprint a copy of the corrected appeal form and issue it to the person.

All appeals are sent to the Director of Elections by the District Registration Officer. The Commission will decide on all appeals.

The Commission shall, upon determination of an appeal or objection, notify the District Registration Officer (DRO) and the person appealing or objecting of the result of such appeal or objection.The person will be given the outcome of the appeal through the office of the DRO after eight weeks from the date of application.If the person is not satisfied with the decision of the Commission, he/she may appeal to the magistrate court.

4.5 OFFENCES AND PENALTIES PERTAINING TO VOTER REGISTRATION

4.5.1 OffencesIt is an offence;

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• For a person to apply to register as a voter

when they KNOW that they do not qualify for

registration

• To register as a voter more than once

• To be in possession of more than one voter’s

card. A person must have only one voter’s card

• To be in unlawful possession of another person’s

voter’s card

• For a person to refuse to surrender a voter’s

card to the Registration Officer when they are

required to do so

• To unlawfully or forcefully ask another person to

produce a voter’s card

• To sell or surrender a voter’s card to an unlawful

or unauthorised person

• For a person deliberately provide wrong

information to the registration officer

• For a person to provide wrong information to the

Registration Officer that a person is deceased

when in fact not

• For a person to provide information that they

qualify to register as a voter when they are not

qualified. These may be those who:

(i) Are non-Zambians

(ii) Are below the age of 18 years

(iii)Have been convicted of any corrupt practice

or illegal practice within a period of five years

preceding an election

(iv)Have dubiously obtained an NRC or false

identity documents contrary to the laws of

Zambia

(v) Have been found to be of unsound mind

through a medical report or court order

•For a person to forge, falsify or destroy the

following;

(i) A voters card or

(ii) A register of voters

•To be in possession of a forged register or voter’s

card

•For a person to make a false appeal, claim,

application or objection

•For a person to refuse to leave the registration

centre after being ordered to do so by the

Registration Officer or Uniformed Staff

•For a person to remain at the registration centre

after being attended to by the Registration

officer

•For a person to apply to register as a voter in the

name of another person

•To induce or compel another person to register

or not to register as a voter

•To persuade a person who is not qualified to

register as a voter, to do so

•To represent any person to the Registration

Officer that they are entitled to register as a

voter when in fact not.

4.5.2 Penalties

• A person who is convicted of any of the above

mentioned offences will pay a fine or be

imprisoned for a period not exceeding two

years or both, a fine and imprisonment.

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Learning activity 1

Group discussion on the voter registration process:

Explain to participants the following categories and procedures in the voter registration process.

• Voter registration

• Inspection of Register of Voters.

• Voter registration procedures

• Registration offences and their penalty.


Participants should demonstrate their understanding of key stages in an electoral process.

Ask participants to explain the procedures for the following categories of voter registration on:

• New registrations• Replacement of lost, destroyed, defaced or

expired voters’ cards• Transfers between Polling Stations• Change of name(s)• Deletions following the death of a registered

voter• Amendments to registration details as a result

of clerical errors• Omissions from the register • Amendments to the register of voters following

the outcome of appeals and objections. Ask Participant to discuss the importance of Inspecting the Provisional Register of Voters.

CASE STUDY

In the year 2011, Mr. Rain Mvula of Matipa village

in Chief Mulangala registered himself as a Voter. His

polling station was Epokali. On the polling day, Mr.

Rain Mvula woke up very early in the morning and

rushed to the polling station. By 04:30 hours , he was

already on the queue waiting for the polling station

to be opened at 06:00hrs. He made sure that the two

important documents National Registration Card and

Voters card were in his hands. When it was his time to

cast a vote, he was informed by the polling Assistant

that his details in the register were different from

those on his voter’s card. He was later turned away.

(a) Explain what was supposed to be done to avoid such a situation.

(b) Do you think there is a time when such a situation can be resolved after voter registration but before Election time?

(c) Ask participants on what details they should look for during the inspection of voter registration.

Learning Activity 3:

Offences pertaining to voter registration

In voter registration, there are various offences that might be committed by some stakeholders

Ask participants to:

• Identify the things that are supposed to be done and those that are not supposed to be done at the various stages of the electoral process.

• State how stakeholders are supposed to conduct themselves at the registration centre.

• Give common examples of voter registration offences

• Suggest ways in which these offences can be stopped or minimised.


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New Registration underway

It is an offence to be in possession of more than one voter’s card. A person must have only one voter’s card


44

Check the correctness of your details on your voter’s card


45

Registration Process


46

Registration Process


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DEFINITION OF KEY TERMSA PERSON (UNDER VOTER REGISTRATION): A person, who formally expresses their intention to register as a voter, to replace a voter’s card, make a claim or appeal during the voter registration period.

Accountability -When leaders are answerable to the people they lead and respond to public opinion.

Appeal : When a person is not satisfied with the decision of the Registration Officer and seeks redress from the Commission or;

When a person is not satisfied with the decision of the Commission and seeks redress in the court of law

Autocratic : Used to describe a leader who has unlimited power and does not consult the people.

Citizens - Refers to inhabitants of a country recognized by the constitution of that country as citizens.

Civic education : Non-formal education which facilitates the acquisition of the knowledge, skills and public awareness which citizens need to play their role effectively in the affairs of their society.

Civil society : The whole body of individuals, groups and organizations that work for the welfare of their nation or community outside the established official services of the government.

Commission : Means the Electoral Commission of Zambia

Constitution (of a state): The supreme law of the land, with reference to which other laws are made and/or corrected.

Deed Poll : Is a legal document that allows persons to change their names

Deceased : A registered voter who has died

Democracy -A system of government in which power belongs to the people. In principle the people may rule directly, but in many cases they rule indirectly through a freely elected representative.

Democracy : Refers to the power vested in citizens to make decisions on how a country should be governed.

Democratic culture : The way of life or form of behavior associated with personal or public conduct in a democratic society.

District Registration Officer : A person appointed by the Commission to supervise registration of voters in a district.

Diversity : Differences or varieties in culture, religion, ethnicity, gender, disability, political beliefs and so on.

Empowerment : To give people control over their lives i.e. giving people greater ability and authority to be effective in performing their responsibilities and obligations in life.

Entrench : (i.e. good governance) to make something firmly established in a place or society.

Exclusion list : The appendix in the Register of Voters which indicates names of persons who registered more than once or are not qualified to register.

Facilitator : In civic education, people who help in organizing and carrying out education activities such as seminars, discussions, debates etc.

Gender : The society group into which people are placed according to their sex and the roles society associates with that sex.

Governance : A style or way by which a given society is managed.

Government : The administrative arm of a state or a country. It carries out responsibilities and exercises power on behalf of the people.

Human rights : Basic rights that everyone can claim.

Informed (choices): Choices based on adequate information. Not made or done on the basis of ignorance.

Interactive (learning) : Learning in which there is active exchange of views and opinions between the facilitator and the learners or among the learners themselves.

Leadership: The influence exerted by an individual or group over a larger body to organize or direct its efforts towards the achievement of desired goals.

Legislation : Laws made by parliament

Manifesto : The policy, proposal or programme of a political organization upon which voters decide whether to vote for or against it.

Voter Education Facilitator’s Handbook for Voter Registration 2015I am registered as a voter, are you? 48

DEFINITION OF KEY TERMSNation or state : A country or community of people which has the characteristics of a nation and is recognized as an independent state under one government.

National Registration Card : A national registration card, issued under the National Registration Act.

Nationalism - The strong feeling of love and pride that people often have for their country.

Non-formal education : Any kind of education provided outside the formal system according to the needs of the learner so as to make the learner better prepared for the demands of his or her life.

Non-partisan : Giving objective information without supporting any position.

Objection : when a Registration Officer or person disagrees with appearing or not appearing in the register of voters.

Obligation : A requirement.

Omission : when a person is in possession of a voter’s card but are not appearing in the Register of Voters.

Organ (of government) : An official organization/ institution given the authority and responsibility to carry out specific government functions (e.g. parliament, the police).

Participant (in civic education) : One who takes part in a civic education event/activity as a learner.

Party politics : The competitive activities in which political parties engage so as to improve the chances of their gaining or staying in political power.

People (The people) : Those who live in a country, the citizens of a country.

Political neutrality : Providing objective information on all the different points of view on all issues.

Politics : All activities which are directly or indirectly associated with the use and distribution of power in the state or some other form of social organization (e.g. clan politics).

Polling District : the smallest segment into which the country is divided for the purposes of voting.

Referendum : A direct vote by the general public on a matter of national concern.

Register of Voters : A register of voters prepared and certified under the Electoral (Registration Voters) Regulations 2010.

Registration Centre: a gazetted venue in a polling district where eligible citizens register as voters.

Registration Kit : A set of equipment used to register voters.

Registration Officer : A person who conducts voter registration at a registration centre

Right : One’s just, proper or lawful claim to something or to do something.

Rule of law : The requirement that society be governed only according to agreed upon and established laws.

Separation of powers : Giving different powers to the three arms of government: legislature, judiciary and executive.

Sovereignty : The state or condition of being sovereign, i.e. having the final say on any matter within your sphere of authority (e.g. a state).

State : An organized group of people occupying a defined territory under one government.

Tolerance : Allowing others to express opinions and behave in ways you disagree with and being willing to consider their position.

Transparency : When leaders consult broadly to find out citizens’ interests, publicize their plans and decisions, share information widely and in good time and act in an open manner.

Unicameral : one legislative Chamber where all the members of parliament meet to legislate, a system used in Zambia

Voter Registration Record : A form issued to an applicant to register as a voter.

Voters’ Card : A document issued to a person for purposes of voting in an election.


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• Names • NRC No. • Photo • Name of Polling Station • Date of birth • Address

Ensure that your

in the Provisional Register of Voters are Correct

Documents Required to Inspect the Provisional Register of Voters Voter’s Card

Green National Registration Card (NRC)


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APPENDIXClaim form (Registration handbook to include claim form)REPUBLIC OF ZAMBIAThe Electoral (registration of voters) Regulations 2010CLAIM FOR INCLUSION IN VOTERS’ REGISTER

Full name of claimant in BLOCK CAPITALS:………………………………………………………………...…………………………Postal Address ……………………………………………………………………………………………..........................................National Registration Card Number…………………………………………………………….........................................…Voter’s card number……………………………………………………………………………………..........................................Mobile telephone number ………………………………………………………………………..........................................….I hereby claim that

i. I, the above mentioned claimant applied to be registered under the electoral ii. (registration of voters) Regulations 2010 as a voter in the.....………………………Polling district and

iii. I have been given a voters’ card which bearers the number set out above.iv. My name should be included in the register of voters in the..............………….........Polling district

……………………………………………………Date………………………...............................….20……............................…………….

Signature or thumb print of claimantI am *satisfied/not satisfied that the aforementioned that the registered voter was omitted in error from the register of voters and the claim*upheld or rejected………………………………………………Date……………....................................…………….20………….............................………

Registration officer

*delete which do not apply.


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APPENDIX A.

LIST OF VOTER REGISTRATION FORMS

Form i : Oath or Affirmation

Form ii: Voter’s Registration Record

Form iii: Voters’ Card

Form iv: Application to Replace a Voters’ Card

Form v: Statement of Refusal to Register

Form vi: Notification of the Death of a Registered Voter

Form vii: Appeal Against Rejection of Application to Register as a Voter

Form viii: Objection by a Registered Person to the Retention of a Name on the Register of Voters

Form ix: Objection by the Registration Officer to the Retention of a Name on the Register of Voters

Form x: Determination of an Objection or Appeal by the Commission

Form xi: Certification of the Register of Voters

ADMINISTRATIVE FORMS

Form xii: Notice of Appointment

Form xiii: Notice of Revocation of Appointment

Form xiv: Record of Equipment Issued to District Registration Officers

Form xv: Record of Equipment Issued to Assistant Registration Officers

Form xvi: Weekly Report


52

APPENDIX B

I…….......................................................................………………………………………………………………………… having been

appointed as ……………………………………………………..…………………….…......swear solemnly and sincerely affirm that I will carry out the duties required of me as a result of my appointment, impartially and to the best of my ability without favour to any person or persons, and that I will not directly or indirectly reveal to any person or persons any matter that may come to my knowledge or notice as a result of my appointment unless so authorized by law.

*Sworn/Affirmed before me this.............…....………….…..…..day of........…..…...…………..........20....................……..

Signed: ………………..………………………………….........................................................................

NAME IN BLOCK LETTERS: …………………………………………………................................................................................

* Magistrate/Local Court Magistrate/Electoral Officer/ Assistant Registration Officer - Supervisor/Head of a Government School/Principal of a College/Commissioner for Oaths.

*Delete which do not apply


53

APPENDIX C

Registration No:………….........................................................................................................................................(1) Surname: ……………………...……....................................First name:..................................………………………………. Other names (Initials only):.....................................................................................................……………………..(2) Gender Male Female(3) Date of Birth.............………............./.......................………./....…………........................Adult (If DOB unknown))(4) Residential address of applicant:.................................................................………………………………………………..………………………………………………………………………………………………...........................................................................(5) Postal address of applicant: ……………………………………..…………….….................................................................(6) Mobile telephone number of applicant: …………………………………………............................................................(7) National Registration Card Number: ..………………............…..…… / .……………............... /…................................(8) Polling District (i) Name: ……………………..........................(ii) Number:..............…../........……../...........….…. (iii) : Polling station: ………………………………………...........…….................................................(9) Type of disability (i) Blind: Yes/No Literate in Braille Yes/No (ii) Without hand Yes/No (iii) Other disability: ……………………………………………............……………………………………. Date: ……………….................................................................20…………….................................................................Signature/ thumbprint of Applicant________________________________________________________________________________________

Official use only

……………………………………….....................................................................................................................................Name of Registration Officer

…………………………………….......................................................................................................................................Signature of Registration Officer

Date..........................………..……….....................20......................................................................…..…….................


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55

Thumbprint PortraitAPPENDIX E

Full name of applicant in BLOCK CAPITALS: ………................................................................…….………………………..Current residential address: ………………………………….………………………....................................................................………………………………………………………………….…….……………………............................................................................Postal address: …...…………………………….………….………………..………….......................................................................National Registration Card Number: ….………………..................../…....................…………. /……............................…Voters’ card number (if known): ….……………….………………..…………........................................................................Mobile telephone number: …………….………………………………………..........................................................................I declare that:-

*(i) My voters’ card has been *lost/destroyed/defaced and I am applying for a replacement. A police report is attached (in case of a lost or destroyed voters’ card). *My defaced voters’ card is attached.

*(ii) I have changed my name, which was formerly: …..................................................….………………..……………………………….. I have attached copies of *deed poll/ national registration card/marriage certificate and my voters’ card.

*(iii) I have changed my residential address to that shown above since:…...…… ………….… (approximate date) and have attached my voters’ card. I apply for transfer to the ………………….………………..Polling District.

*(iv) My voters’ card has expired and is attached.*(v) The particulars on the voters’ card issued to me are incorrect (give details): ………………………..…

……………………………………….............................................................................................................

Date ……...…………….......................................................................20.....................................................…………….

Signature or thumbprint of applicant

Penalty for making a false entry - By virtue of the Electoral (Registration of Voters) Regulations, the penalty for making false entry shall be as prescribed by the Commission.________________________________________________________________________________________Application *accepted/rejected. If rejected - for the following reason: ……....…………………………………………………

*Replacement voters’ card issued on (Date): ……………………............................20........................................………

…………………………………………………........Date ………..……….. 20................................................................................

Registration Officer


56

APPENDIX F

Polling District: ……………………………...........................................District:...........................…...…….………………………

To (Applicant - Full name in BLOCK CAPITALS):..................................................................……………...……………..……

of (Address of Applicant):......................................................................…………………………………………..…………………

I hereby refuse to register you in the above Polling District on the grounds that:

*(i) I am not satisfied as to your identity

*(ii) I am not satisfied that you are ordinarily resident in the said Polling District

*(iii) I am not satisfied that you have attained the age of 18 years

*(iv) I am not satisfied with the documentation provided

*(v) You are suspected of having committed an offence set out in Part IV of the above Regulations

* (vi) I am not satisfied that you are qualified for registration, for the following reason(s):

……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….

If this Statement of Refusal is signed by the Director of Elections, you must surrender your voters’ card to the Registration Officer for.........................................……………………………...........................................Polling District.

………………………………………..…….....................................Date:....................……………........20……............................*Registration Officer/ Director of Elections

An appeal against this refusal to register may be lodged on Form RF7 in accordance with Regulation 21.



57

APPENDIX G

To: The Registration Officer: …………………......………………Polling District..........................................................

I wish to notify the Electoral Commission of Zambia that the following registered voter is deceased:Name of deceased (Full name in BLOCK CAPITALS):...………………..………..…...........................................................National Registration Card Number of deceased: ………...…………………….…….........................................................Voters’ card number of deceased (if known): ..……………………………...………...........................................................Date of death: …………………………..................Place of death: ………………………………...............................................Name of applicant: ………………………………….………………..........................................................................................NRC of applicant: …………………………………………………..............................................................................................Relationship to the deceased: ………………………………….……………….........................................................................Physical address of applicant: …………………………………...........................................................................................Mobile telephone number of applicant: …………………………...................................................................................

I *have/have not attached the deceased persons voters’ card.I *have/have not attached a copy of the burial permit and/ or death certificate.I *have/have not attached a sworn affidavit...…………………………………………….…….....Date:..........………………...................20.............................................…………Signature or thumbprint of applicant

Penalty for making a false entry - By virtue of the Electoral (Registration of Voters) Regulations, the penalty for making false entry shall be as prescribed by the Commission.________________________________________________________________________________________

In accordance with the above regulation, I am satisfied that the aforementioned registered voter is deceased. I have removed the deceased person from the register of voters, and I *have/have not returned the voters’ card to the Director of Elections.

…………………………………………..............…Date..............................……..……….........20....................................…..…….Registration Officer


APPENDIX H


58

The Chairperson Electoral Commission of Zambia

Name of appellant (Full name in BLOCK CAPITALS):............................................................…...…………………………........................................................

…………………National Registration Card Number: ………..……............................................./.......…….……/……..

Residential address of appellant…………………………………….………………............................................................………………………………………………………………………………………………....................................................................Postal address of appellant…………...………………………………………………............................................................Mobile telephone number of appellant:.............................................................……………………………………....(i) I, the above-mentioned appellant, applied to be registered as a voter under the Electoral

(Registration of Voters) Regulations in the……………….……………....Polling District but the *Registration Officer/Director of Elections rejected my application to be so registered on the following grounds:.....………………………….............................................................................................………………………………………………………………………………………................................................................………………………………………………………………………………………................................................................

(ii) I *attach/do not attach a copy of Form RF5 given to me by the *Registration Officer/Director of Elections.

(iii) I hereby appeal against the rejection of my application on the following grounds:………………………………………………………………………………………................................................................

………………………………………………………………………………………................................................................ ……………………………............................................Date......………………….20.................................………..

Signature or thumb-print of Appellant


Penalty for making a false entry - By virtue of the Electoral (Registration of Voters) Regulations, the penalty for making false entry will be as shall be prescribed by the Commission.


59

APPENDIX I

The Registration Officer……………………………………..…...……Polling District..............................................................

Name of Objector (Full name in BLOCK CAPITALS:…………………………………............................................................Residential address of objector: ……….……………………………………………...................................................................………………………………………………………………………………………………...........................................................................Postal address of objector:.……………………………………………………………....................................................................Mobile telephone number of objector:.............................................................…………..……………………………………Polling District in which registered:........…………………………………………………..........................................................Number of voters’ card of objector:.…....……………………………………………...............................................................

(i) I, the above-mentioned objector , being registered under the Electoral (Registration of Voters) Regulations in the above mentioned Polling District, do hereby object to the retention in the Register of Voters for ………………………………………….Polling District.Name of person objected to: ……………………………….…………..........................................................Voters’ card number: ...…..………………………...………………….............................................................National Registration Card Number: .…….………/….............………../………........................................

(ii) The grounds of objection are:.......................................................…………………………………….........……………………………………………………………………………………………………………………………………………………………….....................................................................................................................................

..…………………………………….Date: ……………….........................................20.............................………Signature or thumb-print of claimant

Penalty for making a false entry - By virtue of the Electoral (Registration of Voters) Regulations, the penalty for making false entry will be as shall be prescribed by the Commission.


60

APPENDIX J

The Chairperson Electoral Commission of Zambia

I, being the registration officer (Full name in BLOCK CAPITALS).................…...................................................for the.………..….................…….........Polling District …………………………………………......District:.....................................

• Do hereby object to the retention in the Register of Voters for:…………………………………………………………….Polling District..........................................................Name of person objected to: …………………………………….……...........................................................Voters’ card number: ………….………………………………………...............................................................National Registration Card Number: …….………………………...…........................................................

• The grounds of objection are:*The person is not qualified for registration for the following reason(s):………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………...................................................*The person is deceased

..……………………………………...Date:...........................……………..................20................................................…………Registration Officer

Delete which does not apply


61

APPENDIX K

The Commission has considered the *Objection/Appeal by:*Full name in BLOCK CAPITALS: ……………………..……………………………......................................................................

National Registration Card number: ……....……............................................../…………..................…./….........…….. or *by the Registration Officer for ....................................................…………………………………..……Polling District or *by the Director of Elections that:

(i) The application to register as a voter was rejected(ii) A name should be removed from the register of voters

The Commission has determined that the *Objection/Appeal has been *Successful/Unsuccessful. Accordingly

……………………………………………................................................................................................................................………………..……….. (Full name in BLOCK CAPITALS) should be *added/removed *to/from the Register of Voters for..........................…………………….………Polling District........................................……………………..…………. District.………………………………………………..............Date.............................………..……….. 20.....................................…..…….Commission Secretary


Reason for decision:.........................................………………………………………………………………………………………………………………………………………………………………………………………………...........................................................................………………………………………………………………………………………………...........................................................................Copy to: Director of Elections Registration Officer Appellant


62

APPENDIX L

I HEREBY CERTIFY that this is a true copy of the Register of Voters prepared in respect of the above named polling district in accordance with the Electoral (Registration of Voters) Regulations and that this register will come into force with effect from…………………...replacing all previous registers, and shall remain legally in force until a new Register of Voters is prepared and certified in accordance with the Regulations.


63

APPENDIX M

To:………………………………………................................................................................................................................………………………………….….……................................................................................................................................…………………………………….…….................................................................................................................................

In accordance with the provisions of Regulation 5 (1)(c) of the Electoral (Registration of Voters) Regulations, 1973, you are hereby appointed as ………………………….……………………………...with effect from (date)…………………………..20……………………..in respect of the.……………………………………………….…….….Polling District/s and, on taking the prescribed oath, you will be empowered to exercise the functions of that post as conferred upon you by the Regulations.

Reg. 63 (a)Your attention is drawn to the fact that is an offence to willfully fail to perform the functions of your office.

………………………………………………… ...................................................Date…..................………………. 20........…………District Registration Officer

District:…………………………………………….……………….................................................................................................

c.c. The Director of Elections Electoral Commission of Zambia PO Box 50274 Lusaka


64

APPENDIX N

To:………………………………………….………....................................................................................................................…...…………………………………………………....................................................................................................................…………………………………………………….......................................................................................................................…………………………………………………….......................................................................................................................

In accordance with the provisions of Regulation 7 (2) of the Electoral (Registration of Voters) Regulations, 1973, your appointment as ..……………………………….………………………………… respect of the ………….……………..…………………. Polling District(s) is hereby revoked with effect from (date)…………….…....................................20….............……..

………………………………………………..Date.......................................………………..20............................................……….Designation

District:…………………………………………………….….......................................................................................................

Cc The Director of Elections Electoral Commission of Zambia PO Box 50274 Lusaka


65

APPENDIX O

FROM: THE DIRECTOR OF ELECTIONSTO: THE DISTRICT REGISTRATION OFFICERDISTRICT: …………..……………………………………………………………………………............................................................……

NUMBER OF CONSTITUENCIES:………...........NUMBER OF REGISTRATION CENTRES:............................................

NUMBER OF ASSISTANT REGISTRATION OFFICERS (FIELD): ….…………………………..................................................

No. Item Quantity Issued byThe Director to theDistrictRegistration Officer

Quantity Received by the District Registration Officer

Quantity Returned to the Director of Elections

Packed by: ………….…………………………...........................................Verified by: ………….………………………..................Designation …….……………………………..........................Designation:..………..…..….…………………...............................Signature: ……………………..……………….....................................................Signature:......………….…………………………..Date:………….........../…....…………/……...……............................Date: ……..............……/……………/…………..................

I have received from the Director of Elections the equipment listed on this form.

Name: ……………………………………..…...............Signature:……….……………………………..................................................District Registration Officer Date: ………….................../….............…………/…..........………..


66

APPENDIX P

FROM: THE DISTRICT REGISTRATION OFFICER

TO: THE ASSISTANT REGISTRATION OFFICER

DISTRICT: …….………………………………………………………………………………………..…........................................................

NAME OF ASSISTANT REGISTRATION OFFICER: …………………………………………………................................................

NUMBER OF REGISTRATION CENTERS:.............................................................................…………………… (IF ANY)

No Item Quantity IssuedBy The DistrictRegistrationOfficer to theAssistantRegistration Officer

QuantityReceived bythe Assistant Registration Officer

QuantityReturnedto the District RegistrationOfficer

I have received from the District Registration Officer ……………………..……… District the equipment listed on this form.

Name:………………………………………....................................Signature: .........................……..……….…………………………

Assistant Registration Officer Date:………..................................…/……………/…….......…..…


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VOTER INSPECTION PROCESS

Eligible voter arrives at the Inspection

Centre

Eligible voter Shows the Registration Officer his NRC

and Voter’s Card

Registered Voter Inspects the

Provisional Register of Voters


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New Registration

Are you a Zambian Citizen and in possession of the

Green National Registration Card (NRC) ?

Are you aged 18 years and above?

If yes, then you qualify to Register as a voter!


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REPORT DECEASED VOTERS

REMOVING DECEASED VOTERS FROM THE REGISTER OF VOTERS ENSURES THAT THE REGISTER IS ACCURATE AND UP TO-DATE


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Published By the Electoral Commission of ZambiaP. O Box 50274 Lusaka – Zambia

Tel: +260 21 1 250081, +260 21 1 257 928 , +260 21 1 257931 , 260 21 1 253 155 -7Fax: +260 21 1 253884 +260 21 1 257 274

Email: [email protected]: www.elections.org.zm