Appendix IV FODEP Recommendations on the Electoral Process in Zambia
(ref: http://www.fodep.org.zm/report61.htm)
Considering the experience during the 2001 tripartite and other previous elections in Zambia, FODEP wishes to make the following recommendations:
- The Republican Constitution must be reviewed to:-
- provide for a specific week of a month within which Presidential and parliamentary elections shall be held every five years, preferably during the month of September. This is aimed at ensuring that elections, other than unforeseeable by-elections, are never held during the rain season which has proved to be an unfavourable period for conducting free, fair and successful elections;
- Repeal Article 34(8) and restore the clause requiring a winning Presidential candidate to receive 51% of the votes cast;
- There should be transparent and adequate arrangements for a continuous voter registration exercise since the law had been amended in 2001 to facilitate this exercise with effect from the year 2002. This is to ensure that a credible voters’ roll that reflects the true, correct and majority number of eligible and registered voters is produced and ready time for 2004 Local government elections and 2006 Parliamentary and Presidential elections.
- The Public Order Act must be reviewed so that its effect does not erode the fundamental and Constitutionally guaranteed freedoms of association, assembly and expression. The Act must be reviewed in order to address the Supreme Court observation during the 1996 Presidential election petition that “the requirement of prior permission to gather and speak which could sometimes be denied, directly affects the guaranteed freedom of speech and assembly”.
- There should be clear and effective mechanism of enforcing the Electoral Code of Conduct, stating clearly responsible institutions and/or agents. This is aimed at ensuring that the political playing field is level as much as possible in terms of media cover, campaign rallies, meetings and /or processions, etc;
- Government must consider funding of political parties represented in parliament in accordance with their percentage of seats, as is the practice in most SADC countries in order to enhance multiparty and representative democracy.
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