The Electoral Commission of Zambia is an independent and autonomous Electoral Management Body (EMB) that is governed and regulated by the following pieces of legislation:
- The Constitution of Zambia, 1991;
- The Electoral Commission Act No.24 of 1996;
- The Electoral Act No.12 of 2006;
- The Local Government Elections Act, Cap 282 of the laws of Zambia;
- The Local Government Elections (Amendment) Act, 1997; and
- Various statutory instruments made to regulate the electoral process, such as the Electoral (code of conduct) regulations, the Electoral (General) regulations and the Electoral (registration of Voters) regulations.
The Electoral Commission of Zambia is responsible for the delimitation of constituency, ward and polling district boundaries; (see Article 76 of the Constitution, Section 9 of the Local Government Elections Act and Section 37 of the Electoral Act, 2006 , respectively); the registration of eligible citizens as voters and the update and maintenance of a register of voters (Article 76 and Section 4 of the Electoral Act); the conduct and the supervision of the Zambia’s presidential, National Assembly(parliamentary) and Local Government elections (see Article 76 of the Constitution and Section 2 the Local Government Elections (Amendment) Act No 17, 1997).
The Electoral Commission is also responsible to provide electoral information and voter education to members of the public and the electorate on the various phases/stages of the electoral process and elections, in particular. (See Section 77 of the electoral Act, 2006); It also has powers to facilitate the establishment of alternative dispute resolution mechanisms for the management of electoral disputes (Section 111 of the Electoral Act, 2006); and powers to make regulations deemed pertinent to the electoral process (see Section 129 of the Electoral Act, 2006).
The Electoral Commission as established under Article 76 of the Constitution consists of a chairperson and four other members appointed by the President, subject to ratification by the National Assembly for a term not exceeding seven years (See section 4 of the Electoral Commission Act). The Act also provides the provisions for the removal of Commission members and all matters incidental to the internal operation of the Electoral Commission.