Zambia

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Question Value
1. Is there a ban on donations from foreign interests to political parties?
  • CodeNo
  • Comment
  • Source
2. Is there a ban on donations from foreign interests to candidates?
  • CodeNo
  • Comment
  • Source
3. Is there a ban on corporate donations to political parties?
  • CodeNo
  • Comment
  • Source
4. Is there a ban on corporate donations to candidates?
  • CodeNo
  • Comment
  • Source
5. Is there a ban on donations from Trade Unions to political parties?
  • CodeNo
  • Comment
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6. Is there a ban on donations from Trade Unions to candidates?
  • CodeNo
  • Comment
  • Source
7. Is there a ban on anonymous donations to political parties?
  • CodeNo
  • Comment
  • Source
8. Is there a ban on anonymous donations to candidates?
  • CodeNo
  • Comment
  • Source
9. Is there a ban on donations from corporations with government contracts to political parties?
  • CodeNo
  • Comment
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10. Is there a ban on donations from corporations with government contracts to candidates?
  • CodeNo
  • Comment
  • Source
11. Is there a ban on donations from corporations with partial government ownership to political parties?
  • CodeNo
  • Comment
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12. Is there a ban on donations from corporations with partial government ownership to candidates?
  • CodeNo
  • Comment
  • Source
13. Is there a ban on the use of state resources in favour or against a political party or candidate?
  • CodeYes
  • Comment
  • Source

    "A person shall not (...) 

    (k) use Government or parastatal transportation or facilities for campaign purposes: Provided that this paragraph shall not apply to the President and the Vice- President in connection with their respective offices;
    (l) use Government transportation or resources or facilities to transport voters to polling stations;"

    (Section 21(1), the Electoral (Code of Conduct) Regulations, 2011).

14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
  • CodeNo
  • Comment
  • Source
15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
16. Is there a limit on the amount a donor can contribute to a political party during an election?
  • CodeNo
  • Comment
  • Source
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
18. Is there a limit on the amount a donor can contribute to a candidate?
  • CodeNo
  • Comment
  • Source
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
20. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeNo
  • Comment
  • Source
21. Is there a limit on in-kind donations to political parties?
  • CodeNo
  • Comment
  • Source
22. Is there a limit on in-kind donations to candidates?
  • CodeNo
  • Comment
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23. Is there a ban on political parties engaging in commercial activities?
  • CodeNo
  • Comment
  • Source
24. Is there a ban on political parties taking loans in relation to election campaigns?
  • CodeNo
  • Comment
  • Source
25. Is there a ban on candidates taking loans in relation to election campaigns?
  • CodeNo
  • Comment
  • Source
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
  • CodeNo data
  • Comment
  • Source
27. Are there provisions requiring donations to go through the banking system?
  • CodeNo
  • Comment
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Question Value
28. Are there provisions for direct public funding to political parties?
  • CodeYes, regularly
  • Comment

    "PART IV FUNDING AND ACCOUNTS OF POLITICAL PARTIES POLITICAL PARTIES’ FUND Establishment of Political Parties Fund 36. (1) There is established a Political Parties’ Fund for purposes of providing financial support to political parties with seats in the National Assembly"

  • Source

     THE POLITICAL PARTIES BILL, 2017

29. What are the eligibility criteria for political parties to receive public funding?
  • CodeShare of votes in previous election | Share of seats in previous election
  • Comment

    "37. (1) The Fund shall be distributed as follows: (a) ninety five per cent of the Fund proportionately by reference to the total number of votes secured by each political party with seats in the National Assembly in the preceding general election; and (b) five percent for the administration expenses of the Fund."
     

  • Source

     THE POLITICAL PARTIES BILL, 2017

30. What is the allocation calculation for political parties to receive public funding?
  • CodeProportional to votes received | Proportional to seats received
  • Comment

    "37. (1) The Fund shall be distributed as follows: (a) ninety five per cent of the Fund proportionately by reference to the total number of votes secured by each political party with seats in the National Assembly in the preceding general election; and (b) five percent for the administration expenses of the Fund."

  • Source

     THE POLITICAL PARTIES BILL, 2017

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
  • CodeCampaign spending | Ongoing party activities
  • Comment

    "  38. (1) Monies allocated to a registered political party from the Fund shall be used for purposes compatible with democracy including(a) promoting the representation in Parliament of women and  youths; (b) promoting active participation by individual citizens in political life; (c) covering the election expenses of the political party and the broadcasting of the policies of the political party; (d) the organisation by the political party of civic education in democracy and other electoral processes; (e) bringing the political party’s influence to bear on the shaping of public opinion; and (f) administrative and staff expenses of the political party which shall not be more than thirty per cent of the monies allocated to the political party, except that not less than thirty per cent of the monies allocated to a political party under section 37 shall be used for the purposes referred to in subsection (1)(a) under this section. (2) The monies allocated to a political party shall not be used for purposes other than those specified in this Act. (3) Monies allocated to a political party from the Fund shall not be used.
    Cap. 1 (a) for paying directly or indirectly remuneration, fees, rewards, allowances or any other benefit to a member or supporter of the political party, other than a member of staff; (b) to finance or as a contribution to any matter, cause, event or occasion directly or indirectly in contravention of any code of ethics binding on public officers; (c) directly or indirectly for the purposes of establishing any business or acquiring or maintaining any right or financial interest whatsoever in any business or in any immovable property; or (d) for any other purpose incompatible with the promotion of a multiparty democracy and the electoral processes, or with the Constitution. (4) A political party shall ensure accountability and transparency in its procurement processes. (5) A person who contravenes the provisions of this section commits an offence."

  • Source

     THE POLITICAL PARTIES BILL, 2017

32. Are there provisions for free or subsidized access to media for political parties?
  • CodeYes
  • Comment

    Section 14 "(1) A public television, radio and electronic media shall allocate public air time equally to all political parties and candidates for their political broadcasts.

    (2) A political party or candidate shall not buy more than thirty minutes air time in any given language on public television or radio in any one week."

    " Cap. 1- 29. (1) Subject to the Constitution or any other law, a political party which has been provisionally or fully registered is entitled (...)(c) to fair opportunity to present  the political party’s programmes to the public by ensuring equitable access to the State owned media."

  • Source

    Electoral (Code of Conduct) Regulations, 2011

     THE POLITICAL PARTIES BILL, 2017

33. What criteria determine allocation for free or subsidized access to media for political parties?
  • CodeEqual
  • Comment

    Section 14 (1) "A public television, radio and electronic media shall allocate public air time equally to all political parties and candidates for their political broadcasts.

    (2) A political party or candidate shall not buy more than thirty minutes air time in any given language on public television or radio in any one week."

     

  • Source

    Electoral (Code of Conduct) Regulations, 2011

34. Are there provisions for free or subsidized access to media for candidates?
  • CodeYes
  • Comment

    Section 14 "(1)A public television, radio and electronic media shall allocate public air time equally to all political parties and candidates for their political broadcasts.

    (2) A political party or candidate shall not buy more than thirty minutes air time in any given language on public television or radio in any one week."

     

  • Source

    Electoral (Code of Conduct) Regulations, 2011

35. Are there provisions for any other form of indirect public funding?
  • CodeNo
  • Comment
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36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
  • CodeNo
  • Comment
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37. Are there provisions for other financial advantages to encourage gender equality in political parties?
  • CodeNo
  • Comment
  • Source

Question Value
38. Is there a ban on vote buying?
  • CodeYes
  • Comment
  • Source

    "A person shall not (...) offer any inducement, reward or bribe to any person in consideration of such person (...) voting or not voting."

    (Section 21(1)(h)(iii), the Electoral (Code of Conduct) Regulations, 2011).

39. Are there limits on the amount a political party can spend?
  • CodeNo
  • Comment
  • Source
40. If there are limits on the amount a political party can spend, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
41. Are there limits on the amount a candidate can spend?
  • CodeNo
  • Comment
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42. If there are limits on the amount a candidate can spend, what is the limit?
  • CodeNot applicable
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  • Source
43. Are there limits on the amount that third parties can spend on election campaign activities?
  • CodeNo data
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  • Source
44. Are there limits on traditional media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment
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45. Are there limits on online media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment
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46. Do any other restrictions on online media advertisement (beyond limits) exist?
  • CodeNo
  • Comment
  • Source

Question Value
47. Do political parties have to report regularly on their finances?
  • CodeYes
  • Comment

    " 30. (1) A political party shall, within three months of being issued with a certificate of full registration in accordance with  section 21, submit to the Registrar a written declaration giving details of  assets and expenditure including contributions, donations or pledges of contributions or donations, whether in cash or in kind, made or to be made to the initial assets of the political party by its founding members in respect of the first year of its existence. "

  • Source

     THE POLITICAL PARTIES BILL, 2017

48. Do political parties have to report on their election campaign finances?
  • CodeYes
  • Comment

    " 44. (1) Subject to the Electoral Process Act, 2016,a political party shall, at least ninety days before a general election, submit to the Registrar a register of its members and a statement of its assets and liabilities in the prescribed form."

  • Source

     THE POLITICAL PARTIES BILL, 2017

49. Do candidates have to report on their election campaign finances?
  • CodeNo
  • Comment
  • Source
50. Do third parties have to report on election campaign finances?
  • CodeNo data
  • Comment
  • Source
51. Is information in reports from political parties and/or candidates to be made public?
  • CodeYes
  • Comment

    " 40. (1) A political party shall, within ninety days of the end of its financial year, publish (a) the sources of its funds stating: - (i) the amount of money received from the Fund; (ii) the amount of money received from its members and supporters; and (iii) the amount and sources of the donations given to the party;
    (b) the income and expenditure of the political party; and (c) the assets and liabilities of the political party. (2) The publication referred to in subsection (1) shall be in at least two daily newspapers of general circulation in Zambia"

  • Source

     THE POLITICAL PARTIES BILL, 2017

52. Must reports from political parties and/or candidates reveal the identity of donors?
  • CodeYes
  • Comment

    "Art 39 (...)  (4) A political party shall disclose to the Registrar full particulars of all funds or other resources obtained by it from any source.
    Publishing sources of funds.
    40. (1) A political party shall, within ninety days of the end of its financial year, publish (a) the sources of its funds stating: - (i) the amount of money received from the Fund; (ii) the amount of money received from its members and supporters; and (iii) the amount and sources of the donations given to the party; (b) the income and expenditure of the political party; and (c) the assets and liabilities of the political party."

  • Source

     THE POLITICAL PARTIES BILL, 2017

53. Must reports from political parties and/or candidates include information on itemized income?
  • CodeYes
  • Comment

    "Art 39 (...)  (4) A political party shall disclose to the Registrar full particulars of all funds or other resources obtained by it from any source.
    Publishing sources of funds.
    40. (1) A political party shall, within ninety days of the end of its financial year, publish (a) the sources of its funds stating: - (i) the amount of money received from the Fund; (ii) the amount of money received from its members and supporters; and (iii) the amount and sources of the donations given to the party; (b) the income and expenditure of the political party; and (c) the assets and liabilities of the political party."

  • Source

     THE POLITICAL PARTIES BILL, 2017

54. Must reports from political parties and/or candidates include information on itemized spending?
  • CodeYes
  • Comment

    " 40. (1) A political party shall, within ninety days of the end of its financial year, publish (a) the sources of its funds stating: - (i) the amount of money received from the Fund; (ii) the amount of money received from its members and supporters; and (iii) the amount and sources of the donations given to the party;
    (b) the income and expenditure of the political party; and (c) the assets and liabilities of the political party."

  • Source

     THE POLITICAL PARTIES BILL, 2017

55. Which institution(s) receives financial reports from political parties and/or candidates?
  • CodeAuditing agency
  • Comment

    " 42. (1) The Board shall cause to be kept proper books of accounts and other records relating to its accounts.  (2) The accounts of the Board shall be audited annually by the Auditor-General or an auditor appointed by the Auditor-General. (...) 

    45. (1) A political party shall keep proper books and records of account of the income, expenditure, assets and liabilities of the political party. (2) A political party shall, within three months after the end of each financial year submit to the Auditor-General. the accounts of the political party in respect of that year. (3) The accounts of every political party shall be audited annually by the Auditor-General and shall be submitted to the Registrar and tabled in the National Assembly. (4) The Registrar may at any time request the Auditor-General to carry out an audit of the accounts of a political party. (5) Any person shall be entitled, to inspect the audited accounts filed by a political party and, upon payment of a fee prescribed by the Registrar to be issued with copies of the audited accounts."

  • Source

     THE POLITICAL PARTIES BILL, 2017

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeMinistry | Other
  • Comment

    "44. (1) Subject to the Electoral Process Act, 2016,a political party shall, at least ninety days before a general election, submit to the Registrar a register of its members and a statement of its assets and liabilities in the prescribed form."
     

  • Source

     THE POLITICAL PARTIES BILL, 2017

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
  • CodeImpose sanctions
  • Comment

    "(2) Despite any other penalty provided in  this Act or in any other written law, the Registrar shall deregister a political party which (a) fails to comply with this section; or (b) submits a statement which is false in any material particular."

  • Source

     THE POLITICAL PARTIES BILL, 2017

58. What sanctions are provided for political finance infractions?
  • CodeFines | Prison | Deregistration of party
  • Comment
  • Source

    The Registrar has twice resorted to these provisions to deregister parties that failed to submit annual returns; in 1998 14 parties were deregistered in this way and in 2006 a further 13 parties were deregistered (Zambia News Online 1998, BBC 2006).

    (See: EISA (2006) Zambia: Party financial disclosure. Available at: https://eisa.org.za/wep/zamparties7.htm).

    "Any person who is found guilty of an illegal practice shall be liable on, conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding five years, or to both."

    (Section 87, the Electoral Act, 2006).

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