68
No. 2 of 2016]
Constitution of Zambia (Amendment)
(e) the councillor acts contrary to the code of ethics provided
for in Article 155;
(f)
the councillor has a mental or physical disability that
makes the councillor incapable of performing the
functions of councillor; or
(g) the councillor dies.
(3) Where a councillor resigns in accordance with clause (2)
(b), (c), (d) and (e) the councillor shall not be eligible for re-election
as councillor for the duration of the term of that council.
By-election
for council
158. (1) Where a vacancy occurs in the office of mayor, council
chairperson or councillor—
(a) the Town Clerk or Council Secretary of the local authority
shall, within seven days of the occurrence of the
vacancy, inform the Electoral Commission, in writing,
of the vacancy; and
(b) a by-election shall be held in accordance with Article 57.
(2) If a person is elected to the office of mayor, council
chairperson or councillor in a by-election, that mayor, council
chairperson or councillor shall serve for the unexpired term of the
council and be deemed—
(a) to have served a full term as mayor, council chairperson
or councillor if, at the date on which the councillor
assumed office, at least three years remain before the
date of the next general election; or
(b) not to have served a term of office as mayor, council
chairperson or councillor, if, at the date on which the
councillor assumed office, less than three years remain
before the date of the next general election.
Local
government
elections
tribunals and
petitions
159. (1) The Chief Justice shall establish such number of
ad hoc local government elections tribunals as are necessary to
hear whether—
(a) a person has been validly elected as a councillor; or
(b) the office of a councillor has become vacant.
(2) A local government elections tribunal shall be presided over
by a magistrate of competent jurisdiction sitting with two legal
practitioners appointed by the Chief Justice.