Zambia: Code of conduct

Updated August 2006

The Electoral Commission of Zambia (ECZ) has issued a code of conduct, which is enabled by the Electoral Act (2006, 109), the Electoral (Code of Conduct) Regulations 2006 ("the Code"). These regulations govern not only the behaviour of political parties, their agents and supporters during electoral campaigns, but also that of the various mass media and election observers and monitors.

Enforcement

These regulations have legal force and contravention carries with it the possibility of a fine or up to a year imprisonment (Code 1996, 16). In terms of the Electoral Act (2006, 110-111) the ECZ may set up Conflict Management Committees to resolve conflicts. The Code (2006, 15(1)) requires that all unlawful actions and intimdatory conduct be brought to the attention of the relevant Conflict Management Committee and to the Zambian Police. The Conflict Management Committees may impose punishments that the ECZ determines by statutory instruments (Code 2006, 15(3).

Publicisation and compliance

Sections 3-4 bind political parties and the ECZ to the publicisation of the Code, the promotion of a climate conducive to free and fair elections and to compliance with the Code; all electoral candidates and political parties are required to subscribe to the Code in writing.

Rights, duties and prohibitions

All (except public servants) have the right to freedom of expression, debate, canvassing, assembly, the publication and distribution of party propaganda and advertising and protection from the law. Section 6 restricts behaviour that might lead to violence or abridge the right to freedom of campaigning. These include bans on:

  • Violent behaviour or inflammatory speech.
  • The carrying or display of arms.
  • Making false, defamatory or inflammatory allegations.
  • Arranging functions at the same time and place as a rival.
  • Impeding campaigning activities of rivals.
  • Plagiarism of other parties' insignia.
  • Removal or destruction of campaign materials.
  • Bribing candidates or members of the electorate.
  • Using positions of power to coerce or bribe others.
  • Advocate behaviour that threatens national sovereignty and integrity or law and order.
  • Campaigning on election day.
  • The use of government transport for campaigning or transporting voters.
  • Discrimination on the basis of "race, ethnicity, class, gender or religion".
  • Display objects or caricatures at public events that "ridicule, revile or scandalize any political party or its leader or the Government".
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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).

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