40
No. 2 of 2016]
Constitution of Zambia (Amendment)
Election of President
Returning
officer for
presidential
elections
99. The Chairperson of the Electoral Commission shall be the
Returning Officer in an election to the office of President.
Qualifications
and
disqualifications for
nomination
as
presidential
candidate
100. (1) A person qualifies to be nominated as a candidate
for election as President if that person—
(a) is a citizen by birth or descent;
(b) has been ordinarily resident in Zambia;
(c) is at least thirty-five years old;
(d) is a registered voter;
(e) has obtained, as a minimum academic qualification, a grade
twelve certificate or its equivalent;
(f) is fluent in the official language;
(g) has paid that person’s taxes or has made arrangements,
satisfactory to the appropriate tax authority, for the
payment of the taxes;
(h) declares that person’s assets and liabilities, as prescribed;
(i) pays the prescribed election fee on, or before, the date
fixed for the delivery of nomination papers; and
(j) is supported by at least one hundred registered voters from
each Province.
(2) A person is disqualified from being nominated as a
candidate for election as President if that person—
(a) is a public officer;
(b) has dual citizenship;
(c) is holding or acting in a Constitutional office or other
public office;
(d) is a judge or judicial officer;
(e) was removed from public office on grounds of gross
misconduct in the immediate preceding five years;
(f) has a mental or physical disability that would make the
person incapable of performing the executive functions;
(g) is an undischarged bankrupt;
(h) is serving a sentence of imprisonment; or
(i) has, in the immediate preceding five years, served a term
of imprisonment of at least three years.