ECZ Commissioners Sworn-In

President Edgar Chagwa Lungu with Vice-President Inonge Wina swore in Mrs Annette Chirumba Nhekairo as vice Chairperson and Mr Ali Derrick Njavwa Simwinga as Commissioner at the Electoral Commission of Zambia at State House on April 6, 2018.

In exercise of powers vested in President Lungu under Section 5 (1) of the Electoral Commission of Zambia Act No.25 of 2016, he appointed Vice Chairperson Nhekairo and Commissioner Simwinga.

The position of Vice-Chairperson is a new one in the Electoral Commission of Zambia Act No.25 of 2016 which provides for membership, functions, operations and financial management of the Electoral Commission of Zambia.

Under Section 5 (2) of the Electoral Commission of Zambia Act No.25 of 2016, a person qualifies for appointment as a Chairperson or Vice-Chairperson if that person has held, or is qualified to hold, the office of judge of a superior court.

Following their appointment to serve as Vice Chairperson and Commissioner of the Electoral Commission of Zambia, their appointment was subject to ratification by the National Assembly were they appeared before the Parliamentary Select Committee appointed to scrutinize their Presidential appointment on March 1, 2018.

Parliament unanimously approved the appointment of Vice Chairperson Nhekairo and Commissioner Simwinga.

Vice Chairperson Nhekairo is a legal practitioner, with vast experience in both the public and the private sector.

“During the course of her legal career, she served as Legal Counsel for the Zambia Telecommunications Company and Director of the Zambia Law Development Commission (ZDLC). While at ZDLC, Vice Chairperson Nhekairo undertook notable research projects which included research that lead to the enactment of the Zambian Matrimonial Causes Act No. 20 of 2007, the Development of National Policy and comprehensive legal framework to combat human trafficking in Zambia that lead to the enactment of the Anti- Human Trafficking Act, 2008 as well as research that led to the enactment of the Anti- Gender Based Violence Act, 2011.

Vice Chairperson Nhekairo said she did not have any experience in elections except that of being a voter. She said she was a fast learner and was ready to learn about the elections.

“I am a fast learner and the other things on elections I have to learn from people at the Commission,” said Vice Chairperson Nhekairo. She said her motto was “to always do the right thing according to the law.”

Meanwhile, Commissioner Mr Simwinga was a legal practitioner with a long and illustrious career in the Public Service. During his 19 (nineteen) year career as Town Clerk, he conducted elections at all levels. In addition, he served on a number of Constitutional Review Commissions and has vast experience and exposure to elections at different levels.

While serving as a Town Clerk in Kitwe, in 1998 he was appointed as Acting Director at the Electoral Commission of Zambia were he said he worked for three days before his appointment was reversed to Town Clerk.

Meanwhile, Commissioner Simwinga before joining the Commission was in Diplomatic service as Zammbia’s Ambassador to Egypt.

He said that free elections at periodical intervals were particularly important because their principal function was to legitimise public authority and officials with a mandate for specific actions.

“Elections campaigns also serve many functions such as clarifying issues and policies, holding candidates to account, communicating information among candidates and voters, and offering choices about solutions to community problems and the general public,” said Commissioner Simwinga.

He added that elections were also a critical means of promoting public accountability. “Accountability involves not just that ability of voters to vote out of office elected officials who have not performed well in the management of public affairs but it also includes the opportunity for elected officials to give an account of their performance,” explained Commissioner Simwinga.

He pointed out that as Professor John Stewart explains in his book the Law and the Electoral process: “Those who exercise public power and authority and spend money should be accountable to those on whose behalf they act.”

Commissioner Simwinga further explained that Article 21 of the Universal Declaration of Human Rights states that “everyone has the right to take part in the Government of his or her country directly through freely chosen representatives and that the will of the Government of and the people shall be the basis of the authority of the Government which will be expressed in the periodic and genuine elections which shall be by Universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.”

The office of the members of the Commission became vacant when former Commissioner David Matongo and Commissioner Dr Fredrick Ngandu were separated with the Commission in January 2017.