Constitution of Zambia (Amendment)
[No. 2 of 2016
101. (1) A President shall be elected by registered voters in
accordance with Article 47 (1) and this Article.
(2) The Returning Officer shall declare the presidential
candidate who receives more than fifty percent of the valid votes
cast during the election as President-elect.
(3) If at the initial ballot a presidential candidate does not receive
more than fifty percent of the valid votes cast, a second ballot shall
be held within thirty-seven days of the initial ballot, where the only
candidates shall be the presidential candidates who obtained—
(a) the highest and second highest number of valid votes cast
in the initial ballot; or
(b) an equal number of the valid votes cast in the initial
ballot, being the highest votes amongst the presidential
candidates that stood for election to the office of
President.
(4) A person may within seven days of the declaration made
under clause (2), petition the Constitutional Court to nullify the
election of a presidential candidate who took part in the initial ballot
on the ground that—
(a) the person was not validly elected; or
(b) a provision of this Constitution or other law relating to
presidential elections was not complied with.
(5) The Constitutional Court shall hear an election petition filed
in accordance with clause (4) within fourteen days of the filing of
the petition.
(6) The Constitutional Court may, after hearing an election
petition—
(a) declare the election of the presidential candidate valid;
(b) nullify the election of the presidential candidate; or
(c) disqualify the presidential candidate from being a candidate
in the second ballot.
(7) A decision of the Constitutional Court made in accordance
with clause (6) is final.
(8) The presidential candidate who obtains the majority of the
valid votes cast in the second ballot shall be declared Presidentelect.
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Election of
President