Ecf Eom Zambia 2008
Ecf Eom Zambia 2008
Ecf Eom Zambia 2008
ACKNOWLEDGEMENT …..3
CHAPTER ONE
INTRODUCTION …4-5
• ABOUT THE ECF-SADC
• GENERAL TERMS OF REFERENCE
• ABOUT THE MISSION
CHAPTER TWO
THE HISTORICAL & POLITICAL BACKGROUND OF ZAMBIA ELECTIONS 6-7
CHAPTER THREE
THE CONSTITUTION AND ELECTORAL LEGAL FRAMEWORK……………8-9
• THE ELECTORAL COMMISSION
• THE ELECTORAL SYSTEM
CHAPTER FOUR
THE MEDIA AND ELECTIONS …………………10-11
CHAPTER FIVE
1
CHAPTER SIX
POLLING DAY ………………….15-16
• OPENING OF POLL
• VOTING PROCESS
• CLOSING OF POLL
• COUNTING OF VOTES
• ANNOUNCEMENT OF RESULTS
CHAPTER SEVEN
CONCLUSION AND RECOMMENDATIONS ……………………………16
APPENDICES………………………………………………………………………….17-24
PRELIMINARY STATEMENT
LIST OF DELEGATES
DEPLOYMENT PLAN
2
Tel (+267) 3180012
C/O IEC – Botswana (+267) 3612400
7th Floor- Block 8 + Fax (+267) 3900581
Government Enclave
(+267) 3905205
P/Bag 00284 URL- www.sadc-ecf.org
Gaborone, Botswana
The Chairperson,
Electoral Commission of Zambia,
Lusaka
Zambia
As) is the tradition, the Electoral Commissions Forum of SADC Countries (ECF-SADC)
has honoured the invitation to observe the Presidential Election in Zambia held on the 30th
October 2008.
The Observer Mission hereby forwards its Report to the host Commission, the Electoral
Commission of Zambia. The Mission believes that this Report will assist your Commission
in addressing areas requiring improvement and that other sister Commissions in the SADC
region will also learn something worthwhile about the Zambia electoral process.
Thank you.
Yours faithfully,
…………………………………
(Retired Justice L.M. Makame)
Mission Leader
ECF-SADC Observer Mission to Zambia Presidential Election, October 2008
Forum Presidency: Rev A. Malumalu - President (DRC), Justice A. Msosa -Vice President (Malawi)
EXCO: Chairperson: Justice I. Mambilima (Zambia), - Vice Chairperson: Chief S.G Dlamini (Swaziland), Justice A.C P C. de
Sousa ( Angola)Justice S. Gaongalelwe (Botswana) Mr A Rahman (Mauritius) M.K. Mwinyichande ( Zanzibar) Justice G. Chiweshe
( Zimbabwe)
3
CHAPTER ONE
INTRODUCTION
The Electoral Commissions Forum of SADC Countries (ECF-SADC) was launched in Cape
Town in July 1998 and is governed by a Constitution which mandates it to perform the
following:
The Principles of Electoral Management, Monitoring and Observation (PEMMO) are the
major observation tool used by ECF missions. PEMMO is a joint project between ECF and
Electoral Institute of Southern Africa (EISA). These guidelines continue to be resourceful
to ECF missions whenever observers are deployed to SADC countries. Through election
observation, the Electoral Commissions members are able to identify potential areas of
support for one another.
The general terms of reference for the Mission were to observe the pre-election
environment, the conditions in which the election would take place, the conduct of election
and whether the results reflect the participation of the people and the conditions observed in
the electoral process, evaluate and assess these processes, reflect on them and make
recommendations that will contribute to the improvement of the electoral process in
Zambia.
The Electoral Commissions represented in the ECF-SADC Observer Mission were from the
following countries:
4
• Angola
• the Democratic Republic of Congo,
• Lesotho
• Mozambique
• Swaziland
• Tanzania and
• Zimbabwe.
The first delegates arrived in Lusaka on the 24th October 2008. Hon. Retired Justice Lewis
M. Makame, Chairperson of the National Electoral Commission of Tanzania was elected to
lead the Mission.
The Mission was briefed by the ECZ on the level of its preparedness for the election and
was satisfied, because it was able to gather adequate information on key issues that are
central to the conduct of the forthcoming election.
The Mission also consulted with a number of stakeholders through organising a seminar at
which some of them were invited. The following was gathered;
Due to time constraints, the Mission was unable to interact with political parties.
DEPLOYMENT
The Mission covered seven constituencies namely; Chawama, Kabwata, Kanyama, Mandevu,
Lusaka Central, Munali and Materu. All the teams managed to make pre-polling visits to
their assigned constituencies. These places are all within the urban area of Lusaka. The
Mission was not able to cover other areas of Zambia.
OBSERVATIONS
The Mission observed the following;
• The environment during the pre-poll period was generally quiet and peaceful
• The ECZ put all necessary logistics together to facilitate the efficient holding of the
election
• The contesting political parties campaigned freely
• There were no reported incidents of political violence or intimidation of voters
• Candidates had access to both print and electronic media
• Accreditation procedures were conducted smoothly
• There were unrestricted numbers of both local and international observers
5
Other observations are reflected in the preliminary statement attached to this Report.
Chapter TWO
Zambia fought for its independence over a long period of time. In 1961 the British Secretary
of State of colonies proposed a constitution for Zambia, which would guarantee African
control. The Constitution was amended to give the Africans a small majority in parliament.
In 1962 elections were held and ANC and UNIP formed a coalition in a transitional
government while the colony prepared for independence.
6
Development, Zambia Republican Party, Patriotic Front and United Party for
National Development
• 2006: Tripartite election held, i.e. Presidential, General and Local Government
elections held at the same time. Some Opposition parties formed electoral alliances
supposedly for enhanced impact. Alliances included; Heritage Party and Agenda for
Change; ZRP, RP and Party for Unity; Patriotic Front and United Liberal Party;
Democracy and Development formed alliance with NDF; and the United
Democratic Alliance embraced UPND, UNIP and FDD. Levy Mwanawasa of
MMD was elected the third President of Zambia.
• 2008: 5th multi- party elections held following the untimely death of President Levy
Mwanawasa. According to the law the Electoral Commission of Zambia has to
conduct a Presidential election within 90 days following the death of President as
stipulated by the Constitution.
7
CHAPTER THREE
The Constitution of the Republic of Zambia, 1991 as amended by Act No. 18 of 1996 and the Electoral
Act, No. 12 of 2006 form the basis of the electoral framework of Zambia.
Article 1 of the Constitution of the Republic of Zambia provides that Zambia is a unitary, indivisible,
multi-party and democratic sovereign State and all power resides in the people who shall
exercise their sovereignty through the democratic institutions of the State in accordance with
the Constitution.
According to Article 33 and 35 of The Constitution, the head of State is the President of
Zambia who shall hold the office for a period of five years.
An election to the office of President shall be held whenever the National Assembly is
dissolved or if the office of the President becomes vacant by reason of death or resignation
or by reason of ceasing to hold office. If a vacancy occurs an election to the office of
President shall be held within ninety days from the date of the office becoming vacant.
All persons registered in Zambia as voters for the purposes of elections to the National
Assembly shall be entitled to vote in the Presidential Election. Qualifications for registration
are provided under Article 75 of the Constitution that a person must be a citizen of Zambia
and has attained the age of eighteen years.
The election of the President shall be direct by universal adult suffrage and by secret ballot
and shall be conducted in accordance with the Constitution and the Electoral Act.
The Commissioners are appointed for a term of office not exceeding seven years. Their
terms may be renewed, but the renewals require the ratification of the National Assembly.
The Constitution of the Republic of Zambia provides that the Electoral Commission shall
not be subject to the direction or control of any other person or authority in the exercise of
its functions.
9
CHAPTER FOUR
THE MEDIA AND ELECTIONS
The Electoral Code of Conduct for Zambia provides the framework guiding the media’s
conduct during an election period. It requires all the media to cover all aspiring candidates in
a fair and balanced manner and goes on to stipulate the airtime each political party may buy
in a given week, in a given language. The Code cautions media heads not to interfere in the
operations of their reporters. The ECF-SADC Mission is of the view that on the face of it,
the Code of Conduct was generally observed by all the media during the election period.
MEDIA COVERAGE
It was observed that during the 2008 Presidential election(s), both the public and private
media covered the elections through advertisements, interviews, and live-discussions on
television and newspaper reports. The public media (those media in which Government has a stake)
tended to cover the programmes and express views that were in favour of the government,
the ruling party and its candidate. Where the opposition was covered, some of the articles
tended to be negative i.e. targeting the opposition candidate(s). Equally so, the private media
(those media that are privately owned) tended to cover the programmes and express views in
sympathy with the Opposition but mainly only one of the candidates. This trend was noted
of all the media houses.
ADVERTISEMENTS
The media accepted advertisements from all contesting parties. This gave the electorate an
informed choice, at least for that electorate in the urban and peri-urban areas where there is
newspaper, radio and television coverage. The Mission was not able to determine on its own
the extent of media coverage outside Lusaka. All the parties flighted advertisements of their
programmes, rallies etc. The Mission was informed that community radio stations whilst
available, faced challenges such as limited resources and as a result their capacity to inform
the public especially in the rural areas was to a large extent compromised.
It was noted that the ECZ flighted informative advertisements in all the media and on the
eve of the election issued out a flyer in all the newspapers outlining the conduct of the
elections titled, “MONITORING OF VOTING, THE COUNT AND RESULTS
TOTALING FOR THE 2008 PRESIDENTIAL ELECTION TO BE HELD ON
THURSDAY 30th OCTOBER 2008”. As referred to above, the urban electorate would have
benefited from this type of advertisement but the rural areas probably did not benefit as
much because of distances to be covered and the time lag in distribution.
10
AREAS OF CONCERN RAISED BY MEDIA STAKEHOLDERS
The Mission noted the following concerns as brought up by Media stakeholders during a
consultative seminar:
• That the ECZ organized workshops without informing some media bodies.
They recommended that the ECZ should periodically consult all electoral
stakeholders.
• That the Media Complaints Commission was not yet formed although the
law made provision for such a body. This meant that stakeholders who may
have been affected by an infringement of the Electoral Code of Conduct by
the media could not have recourse to any arbiter. It was recommended that
the ECZ takes steps to institute the Media Complaints Commission.
• That the government of Zambia was a major shareholder in some
newspapers, radio and television. As such some stakeholders felt that these
papers favoured the ruling party and its candidate. Since the privately owned
media also favoured the opposition, it was felt that this probably balanced
the equation. What was of concern was that some media were said to be
alarmist. This reinforces the need for the Media Complaints Commission to
be instituted.
11
Chapter FIVE
PRE- ELECTION PHASE
DELIMITATION OF CONSTITUENCIES
During its consultative meeting with ECZ, the Mission learnt that the constituency boundary
delimitation was not conducted as it was not immediately legally necessary. The last
delimitation was done in 2005 and only figures from Central bureau of statistics are the
(only) ones used for delimitation, thus has been no census since then. Zambia comprises of
9 provinces, 72 districts and 150 constituencies.
VOTER EDUCATION
Through interaction with the ECZ and other electoral stakeholders, the Mission was
informed that the Civil Society groups in Zambia played a vital role throughout the election.
They were active in voter awareness and in voter education. The mission also noted that the
ECZ had organized radio and television programmes to educate the public on election and
polling procedures.
The Mission was briefed by Civil Society umbrella organization that there were not working
very closely with ECZ. However, the level of voter awareness on the ground did indicate
that people were ready and understood the process. In addition, the political rallies showed
the Mission a great enthusiasm of the election from the general public.
VOTER REGISTRATION
The 2006 voter registration was used in the election. The ECZ had only three months to
prepare for the election and as such did not have enough time and resources to register new
people.
The mission was informed that 3,944,135 voters registered in 2005 and more females were
registered. Only replacement of voter’s cards was carried by the ECZ. The total number of
replacements cards was more than 67,000. Voters were to get their replacements cards at
their respective and registered polling stations.
According to the ECZ, there were many problems associated with registration and
compilation of voter’s roll, for example a situation where a voter has a card but does not
appear on the voter register.
The Optical Mark Recognition (OMR) System used for registration of voters in Zambia is
able to pick multiple registration, therefore people were not able to register twice during the
registration period. The voters’ rolls were divided into streams and each stream consisted of
650 people and it was easy to identify the numbers because of the pictures in the voters’ roll.
The total numbers of streams were 9,314 in the whole country.
12
ELECTORAL CAMPAIGNS
The Mission came into the country only six days before the election but was able to note the
following in relation to electoral campaigns:
With the above background, the Mission concluded that the electoral campaign was
conducted in a peaceful environment, zero violence, intimidation or any other kind of unruly
behaviour that would have destabilized the Zambian democratic process.
In preparing for the election, the Electoral Commission of Zambia carried out the
recruitment and selection of staff and further organized training to prepare the staff for
manning the polling stations effectively. This recruitment exercise was carried out in the
various districts of the country and training took place in Lusaka. Poll staff included the
presiding officers, 6 elections officers deployed in each polling station. Most of the trainees
had experiences from managing the 2006 elections. The ECZ also deployed ushers who
guided the voters at the polling stations.
ACCREDITATION
In accordance with the law, the Electoral Commission of Zambia carried out the
accreditation exercise to all stakeholders, monitors and observers, members of both national
13
and international media. The accreditation exercise started ahead of the election until 30th
October 2008. As it is the practice the ECF Mission was exempted from paying accreditation
fees of USD 20 per person.
STAKEHOLDERS ENGAGEMENT
ECZ worked mainly with political parties and other electoral stakeholders such as the media
and NGOs to strengthen the preparations for the election. According to the ECZ, some
political parties as primary stakeholders posed a series of problems especially during ballot
paper consignment from Republic of South Africa and when the ballot paper was being
verified at Lusaka airport. Political parties were alleged to have spread rumours that the ECZ
had extra ballot papers to be used for vote rigging. This allegation made it difficult for ECZ
to deliver some ballot papers on time since there was need for further security measures to
guard against the interference of the delivery of ballot papers. The ECZ had to engage
Zambian Air Force to be ready to offer help should there be any shortage for ballot paper,
the electoral process was financed by Government of Zambia. The Mission could not
establish the donor support for the election but noted that there was a donor basket funding
for the 2006 elections.
14
CHAPTER SIX
POLLING DAY
1. POLLING STATIONS
The polling stations were set up in public places such as schools, and Government
buildings. The code numbers of the polling stations were clearly shown on poster.
A majority of polling stations visited opened on time. Only a few stations opened a
bit late due to logistical hi-cups.
In comparison with the layout of polling stations during the previous elections of 2006, the
lay-out of polling stations was quite satisfactory, allowing smooth flow of voters. The
polling centre was made of two to seven polling stations and each station had more than one
polling booth, and six agents who were adequately trained. Political party agents had the
electoral register which included: the name, the photo, the card number and the birth date of
the voter.
4. SECURITY.
All the polling stations had a minimum of two police officers to maintain peace and
security.
15
6. CLOSING AND COUNTING OF VOTES.
The closing of polls took place at 6 pm. Voters who were in the queue at the time
of closing were allowed to vote.
The counting was done in the polling stations, in the presence of political parties’
witnesses, national and international observers. Some polling stations had security
agents who also assisted in the vote counting.
The seals of the ballot boxes were well wrapped and packed and the national
observers and political parties’ witnesses signed the vote counting report. There
were a few spoilt ballot papers.
CHAPTER SEVEN
The Mission noted that the Electoral Commission of Zambia was adequately prepared
for the election and that a conducive environment existed for the electorate to exercise
its Right to vote. Electoral stakeholders are congratulated for all the cooperation and
support during all the phases of the election.
The Mission submits the following recommendations to the ECZ for consideration:
• Revisit the number of poll staff in each polling station to keep all the staff
usefully involved.
• Consider continuous registration for purposes of updating the voters’ roll.
• Strengthen voter education on replacement of voter registration cards.
• Revisit the law to accommodate the use of other identity cards outside the NRC.
• Improve the quality of indelible ink.
16
Annex 1
Tel (+267) 3180012
C/O IEC –Botswana (+267) 3612400
7th Floor- Block 8
Fax (+267) 3180016
Government Enclave (+267) 3905205
P/Bag 00284 URL- www.sadc-ecf.org
Gaborone, Botswana
INTRODUCTION
The Electoral Commissions Forum (ECF) of the Southern African Development
Community (SADC) Countries was invited by the Electoral Commission of Zambia (ECZ)
through a letter dated 22nd September 2008 to observe the 2008 Presidential Election
scheduled for the 30th October 2008. In response to this invitation, the ECF duly deployed a
21- member Observer Mission.
The Mission hereby presents this Statement on its observations, a full report of which will be
availed at a later stage.
The major rationale behind the ECF observing elections in the SADC region is to enhance
and consolidate the capacity of Election Management Bodies in the administration of
elections.
17
MISSION COMPOSITION
The Electoral Commissions represented on this ECF-SADC Observer Mission were from
the following countries:
• Angola,
• the Democratic Republic of Congo,
• Lesotho,
• Mozambique,
• Swaziland,
• Tanzania and
• Zimbabwe.
The first delegates arrived in Lusaka on the 24th October 2008. Hon. Retired Justice Lewis
Makame, Chairperson of the National Electoral Commission of Tanzania, was elected to
lead the mission.
The Mission was briefed by the ECZ on the level of its preparedness for the election and
was satisfied, because it was able to gather adequate information on key issues that are
central to the conduct of the forthcoming election.
Due to time constraints, the Mission was unable to interact with political parties.
DEPLOYMENT
The Mission covered seven constituencies namely; Chawama, Kabwata, Kanyama, Mandevu,
Lusaka Central, Munali and Materu. All the teams managed to make pre-polling visits to
their assigned constituencies. These places are all within the urban area of Lusaka. The
Mission was not able to cover other areas of Zambia.
OBSERVATIONS
The Mission observed the following;
• The environment during the pre-poll period was generally quiet and peaceful
• The ECZ put all necessary logistics together to facilitate the efficient holding of the
election
• The contesting political parties campaigned freely
18
• There were no reported incidents of political violence or intimidation of voters
• Candidates had access to both print and electronic media
• Accreditation procedures were conducted smoothly
• There were unrestricted numbers of both local and international observers
RECOMMENDATIONS
• Revisit the number of poll staff in each polling station to keep all the staff
involved.
• Consider continuous registration for purposes of updating the voters’ roll.
• Strengthen voter education on replacement of voter registration cards.
• Revisit the law to accommodate the use of other identity cards outside the NRC.
• Improve the quality of indelible ink.
19
CONCLUSION
As a result of the fore-going, the Mission is of the view that the Electoral Commission
of Zambia was adequately prepared for the election and that a conducive environment
existed for the electorate to exercise its will freely.
……………………………………….
(Retired Justice Lewis Makame)
Mission Leader
. ………………………………………………………………………………………………………………….
Forum Presidency: Rev A. Malumalu - President (DRC), Justice A. Msosa -Vice President (Malawi)
EXCO: Chairperson: Justice I. Mambilima (Zambia), - Vice Chairperson: Chief S.G Dlamini (Swaziland), Justice A.C P C. de
Sousa ( Angola)Justice S. Gaongalelwe (Botswana) Mr A Rahman (Mauritius) M.K. Mwinyichande ( Zanzibar) Justice G. Chiweshe
( Zimbabwe)
20
Annex 2
Chawama Justice Lewis Makame Team Leader 4x4 978 315 111 Kafue Town - South
Kamohelo Chobokwane
Juba Chekenyere 968 406 440
Driver: RICHARD 977 636 368
Kabwata Sarah Kachingwe Team Leader 4x4 978 315 052 Kafue Town- South
Mjaka Mchanga 978 315 042
Ncumbi J Maziya 978315120
Driver: STEVE 97990 3897
Lusaka Central Dr. Sisti Cariah Team Leader 4x4 Chongwe Town -East
Kisimba Lumbwe Albert 968 637 004
978 315 405
Driver: DORIS 977 415 616
Munali Antenisa Jose Franco Team Leader 4x4 978 059 663 Chongwe Town -East
978 060 062
Rajabu Kiravu
Driver: SUZYO 977 859 118
Toyota
Materu Kaulu Amunazo Team Leader Saloon 978 344 593 Lusaka Central
Clarisse Kavugho 978 344 564
French Interpreter Michel 979 766 881
Driver: BILLINGS 966 627 433
Toyota
SECRETARIAT Hilda Modisane Corolla 978 315 423 Cresta Golfview
Felistas Maziriri 968 406 464
Misheck Zakeo 978 315 367
Driver: PAT 977 775 647
21
Annex 3
Electoral Commissions Forum of SADC Countries Observer Mission to Zambia – October 2008
List of delegates
22
Justice Lewis Chairman N.E.C Tanzania +255222113382
M.Makame [email protected]
+267 3180012
Hilda Modisane Programme ECF Secretariat Botswana +267 71448925
Officer [email protected]
23
Annex 4
Election Results
Voting statistics
Registered Voters 3 944 135
Votes Cast 1 791 806
Voter Turnout 45.43
Valid Votes 1 768 210
Invalid Votes 23 596
% Invalid 1.32
Table Source
Results
%
Candidate Party Votes
Votes
Movement for Multiparty Democracy
Rupiah Banda 718 359 40.63
(MMD)
Michael MC Sata Patriotic Front 683 150 38.64
Hakainde
United National Independence Party (UNIP) 353 018 19.96
Hichilema
Godfrey K Miyanda Heritage Party (HP) 13 683 0.77
Total 1 768 210 100.00
Table Source
24
Notes:
25