Are referendum results binding?

Referendum Act (Chapter 14 of the Laws ofZambia)

(Enacted in 1969, last amended in 1994)

http://aceproject.org/regions-en/eisa/ZM/Referendum%20Act%20Cap14.pdf

Article 11.

(1) The result of every referendum shall be declared by the Commission insuch manner as may be prescribed, and such result (hereinafter referred to as'the declared result') shall not be capable of being questioned inany manner save only by a referendum petition presented to the High Court underthis Act.

(2) A referendum petition may be presented on any of the following grounds,that is to say:

a. in respect of the result of the voting in anyone constituency, on theground that corrupt practice prevailed extensively at or in relation to thetaking of the referendum in that constituency or on the ground of error ormisconduct ( whether by Act or omission) on the part of any referendum officer;or

b. in respect of the declared result of the referendum, on the ground oferror on the part of the Commission.

Article 12.

(1) Unless a referendum petition is presented to the High Court in respectof any referendum within the time limited by section fifteen, the declaredresult of such referendum shall

a. have effect as from the date on which such declared result is dulydeclared; and

b. be final and incapable of being questioned in any court; and

(c) be conclusive evidence of the voting at the referendum and of theresult thereof.

(2) Nothing in this Act shall be construed as preventing or delaying thecoming into operation of any Act in respect of which a referendum is heldpursuant to the provisions of the Constitution if:

a.it is stated in the declared result of such referendum that theprovisions of the said Act are supported by the votes of a majority of thepersons entitled to vote in such referendum; and

b. thequestion or questions raised by any referendum petition or, if more than one,by all referendum petitions presented to the High Court in respect of suchreferendum within the time limited by section fifteen would not, if decided infavour of the petitioner or petitioners, as the case may be, lead to adeclaration by the Commission under section twenty-three showing that the votesof a majority of the persons entitled to vote in such referendum did notsupport the provisions of the said Act.

Theoutcome of all referendums are  bindingprovided, during the time limited by section fifteen,  a referendum petition is not submitted.