Zambia: Party registration

Updated August 2006

The Electoral Act (2006, 2) defines a political party as "an organisation registered under the Societies Act, the objects of which include any political activity or the sponsoring of candidates for election to the office of President or as a member of the National Assembly". Political parties are thus required to register with the Registrar of Societies and not with the Electoral Commission of Zambia (Momba 2005, 9).

Registration

Application for registration must be made within 28 days of its founding and on registration is issued with a registration certificate (Societies Act, 6(1), 7(3)). Registration may be refused if:

  • The party's goals are illegal or prejudicial to law and order (Societies Act, 8).
  • The party's constitution violates Zambia law (Societies Act, 9(a)).
  • The application fails to comply with the terms of the Societies Act, or regulations made under it (Societies Act, 9(b)).
  • The party does not exist (Societies Act, 9(c)).
  • The party's name is illegal or resembles that of another organisation in a way that is deceptive (Societies Act, 9(d)).

A party may appeal to the Minister against refusal of registration by the Registrar within 21 days of refusal (Societies Act, 16).

Cancellation of registration

The Minister may cancel a the registration of a party at any time, if he believes that the party concerned is being used for illegal activities or activities prejudicial to law and order (Societies Act, 13(1)).

The Registrar of Societies may cancel a party's registration if (Societies Act, 13(2), 17):

  • The party violates the terms of registration described above.
  • The party changes its name or constitution without informing the Registrar within a month of doing so.
  • The party affiliates with a foreign political body without informing the Registrar within a month of doing so.

Before the registration of a party is cancelled the party must be given an opportunity to explain why registration should not be cancelled (Societies Act, 13(3)). Appeals against deregistration by the Registrar may be made to the Minister within 21 days of cancellation (Societies Act, 16). Moreover, societies that rectify the deficiency that led to deregistration may apply for reregistration (Societies Act, 13(4)). Registrations and deregistration must be published in the Gazette (Societies Act, 15).

The Minister may also declare that a party is an unlawful society if he considers it in the public interest, where it is being used for ends which are incompatible with maintaining law and order, or it is engaged in activities at variance with its stated goals (Societies Act, 23(2), (3)). Acts, of a party made illegal by the cancellation of registration, may be prohibited by the Minister if he believes the prohibition to be in the public interest (Societies Act, 14).

References

ELECTORAL ACT 2006, [www] http://aceproject.org/regions-en/eisa/ZM/Electoral%20%20Act%202006.pdf [PDF document, opens new window] (accessed 2 Jun 2008).

SOCIETIES ACT (CAP 119).

MOMBA, J 2005, Political Parties and the Quest for Democratic Consolidation in Zambia [PDF document], EISA Research Report No 17, 13.