WHAT THE LAW STATES ON WHO QUALIFIES TO BE COUNCILLOR UNDER PROPORTIONAL REPRESENTATION SYSTEM

WHAT THE LAW STATES ON WHO QUALIFIES TO BE COUNCILLOR UNDER PR SYSTEM By Kenneth Ng’ona To qualify for nomination as a Councillor under the Proportional Representation (PR) party-list system in Zambia’s local councils (under Bill 7 of the Constitution), an individual must simultaneously fulfill standard local government qualifications and the specific strict parameters set […]

WHAT THE LAW STATES ON WHO QUALIFIES TO BE COUNCILLOR UNDER PR SYSTEM

By Kenneth Ng’ona

To qualify for nomination as a Councillor under the Proportional Representation (PR) party-list system in Zambia’s local councils (under Bill 7 of the Constitution), an individual must simultaneously fulfill standard local government qualifications and the specific strict parameters set for the PR framework.

Core Target Demographic Criteria

The PR seats at the council level are explicitly reserved to enhance the participation of historically marginalized groups.

Nominees must fall into at least one of these three categories:

Women

Youths:

Must remain within the constitutional definition of a youth for the entire duration of the council’s 5-year term. If a nominee will age out during the term, they are disqualified.

Persons with Disabilities:

Must be officially registered with the relevant disability board or agency and possess a registration card.

Electoral & PR System Disqualifications

No Direct Candidates:

Anyone who contested as a regular candidate for an elective constituency or ward seat in the election is strictly disqualified from being on the party’s PR list.

Presidential Candidate Requirement:

The nominee’s political party must have fielded a presidential candidate in the elections, as council PR seats are distributed based on the proportion of the presidential vote.

General Local Government Qualifications

Nominees must also meet the baseline statutory eligibility criteria required to hold the office of a councillor in Zambia:

Citizenship:

Must be a Zambian citizen or a valid resident permit holder.

Age:

Must be at least 19 years old.

Education:

Must possess a full Grade 12 School Certificate or its verified equivalent.

Voter Status:

Must be a registered voter and reside within that specific district.

Financial & Legal Clearance:

Must possess a certificate of clearance showing local council tax payments, must not be declared bankrupt, and must not have a conviction for fraud or dishonesty within the last 5 years.

Civil Status:

Active public officers (such as civil servants or police officers) must resign before nomination.

How the PR Council seats will be shared

The proportional representation (PR) council seats are shared between the  United Party for National Development (UPND) and opposition parties mathematically, based on the percentage of valid votes each party’s presidential candidate received.

The Electoral Commission of Zambia (ECZ) handles the seat allocation according to a strict legal formula:

1. The Presidential Vote Metric

Council PR seats are not awarded based on how many local ward councillors a party won. They are distributed based on the district level or ward level breakdown of the presidential election votes.

If the UPND presidential candidate won 60% of the presidential votes in a specific district, the UPND receives roughly 60% of that district council’s allocated PR seats.

2. Exclusion of Specific Parties

No Presidential Candidate, No PR Seats:

Any political party or independent group that did not field a presidential candidate is completely excluded from the PR allocation. Their local council votes do not count toward these seats.

3. The Quota System

The ECZ uses a quota system threshold. The total number of valid presidential votes cast in the area is divided by the number of designated PR council seats to establish a “seat quota”. Seats are then distributed to UPND and qualifying opposition parties each time their vote total meets or exceeds that quota.

4. Post-Election Timeline

The sharing of seats takes place within seven days after the swearing in of the President elect.

Once the ECZ officially determines the exact number of seats won by the UPND and other parties, the parties are given seven days to submit their definitive nominee lists and pay the necessary fees to fill their designated slots.