ELECTIONS IN ZAMBIA...whose benefit, youths or old folks?

ZAMBIA’S 2008 PRESIDENTIAL ELECTIONS REPORT BYTHE ANTI-VOTER APATHY PROJECT (AVAP)PREPARED BY:AVAP NATIONAL SECRETARIAT Plot No 6604 ,MberereOlympia ExtentionP. O. Box FW 129Tel/Fax: 260-1-294273,294856/57Lusaka, ZambiaEmail: avap@zamnet.zmwww.avap.org.zmTABLE OF CONTENTSPageI. Acknowledgement ……………………………………………………… ……(i) II. Organisation Background ……………………………………………………..(ii)1. Executive Summary…………………………………………………………. ..12. Introduction………………………………………………………………….....9CHAPTER ONE1.0 Voter Education-Community outreach……………………………………………………1.1 Go Vote Goal…………………………………………………….1.1.1 Electoral Code of Conduct Workshop………………………………………………………1.1.2 Stake Holders Meetings………………………………………………………….1.1.3 Media Campaigns Programmes……………………………………………………CHAPTER TWO 2.0 Continuous Voter Registration……………..2.1.0 Voters Cards Replacement Exercise……………………………….2.1.1 Funding of ECZ…………………………………………………………….2.1.2 National Voter Education Committe………………………………………………………2.1.3 National Conflict Management Committee……………………………………..2.1.4 Production of Voters Registers…………………………………………..2.1.5 Printing of Ballot Papers………………………………………………2.1.6 Distribution of Election Materials……..2.1.7 Recruitment and Training of Electoral Staff…………………………………………………………2.1.8 Role of Cooperating Partners…………………………………CHAPTER THREE3.0 Legal Reforms Related to Elections……………………………………………. 3.1.0 Constitution………………………………………………….3.1.1 Electoral Act……………………………….3.1.2 Electoral Code of Conduct……………………………………..3.1.3 Electoral Offences in Zambia.................................................CHAPTER FOUR4.0 AVAP Geographical Coverage……………………………………...4.1.0 AVAP Monitoring Governance Structure……………………………………………..4.1.1 Elections Monitoring Preparations……………………………………………...4.1.2 Identification and Training of Trainers and Monitors……………………………………4.1.3 AVAP Deployment of Monitors Game Plan………………………….4.1.4 Accreditation of Monitors…………………………………4.1.5 AVAPs Mobile Elections Monitors..................................4.1.6 Challenges Faced By AVAP.....................................CHAPTER FIVE 5.0 Electoral Related Pacts and Endorsements…………………………………….5.1.0 Role of Chiefs………………………….5.1.1 First and Second Former Presidents………………………………….5.1.2 Some NGOs……………………………………….5.1.3 Prominent Individuals…………………………………………….5.1.4 AVAPs Observation of the Endorsements…………………………………………………….CHAPTER SIX6.0 Count Down to Polling Day……………………………………………………6.1.0 Adoption of Candidates……………………..6.1.1 Nomination of Candidates………………………………….CHAPTER SEVEN 7.0 Election Campaigns……………………………………………...7.1.0 Hot Issues……………………………….7.1.1 Electoral Code of Conduct……………………..7.1.2 Media…………………………………………………………7.1.3 Police…………………………………...7.1.4 Army…………………………………7.1.5 NGOs………………………………………………………...7.1.6 Chiefs...........................................................7.1.7 Candidates Transport.........................................7.1.8 Edition of Candidates............................................7.1.9 Malpractices.........................................................7.1.10 Vote Buying....................................................7.1.11 Conflicts............................................................7.1.12 Abuse of Public GRZ Vehicles and Human Resource.......7.1.13 Vote Drive Pronouncements.......................................7.1.14 Election Campaigns ObservationsCHAPTER EIGHT 8.0 Polling Day Observations……........................9.0 Challenges......................................................CHAPTER NINE 9.0 Vote Count……………………………………………………………….9.1.0 Vote Collation………………………9.1.1 Transmission of Election Results to the National Result Centre ……………………………..9.1. Announcement of Election Results……………………………………9.1.3 Summary of Election Results………………………………………………….9.1.4 Statistics on Voter Turn Out………………………………………………………..9.1.5 Voter Apathy……………………………………………….9.1.6 Ndola Central Parliamentary Elections ……………………..9.1.7 Bye-Elections Results……………….CHAPTER TEN 10.0 Post Election Events………………………………………………………….10.1.0 Reactions to the Election Results…………………………………………….10.1.1 Election Petitions……………………………………………..10.1.2 Causes of Election Petitions ……………………………………….10.1.3 Assessment of Elections by International Observers ………………………………………………….10.1.4 Benchmarks for Free and Fair Elections ………………………...10.1.5 Qualifications of Elections............................................10.1.6 Cabinet Positions..............................................................CHAPTER ELEVEN10.0 Good Practices……………………........11.0 Bad Practices..........................................CHAPTER TWELVE12.0 Recommendations…………………………………………………………….CHAPTER THIRTEEN13.0 Appendix 1: 2006 Voters Register………………..AVAP geographical………………..MonitoringCoverageI.

ACKNOWLEDGEMENTThe Anti-Voter Apathy Project (AVAP) is greatly indebted to all its strategic collaborating partners and stakeholders who had a special hand in contributing to the success of implementing the management of its Go-Vote-Goal Voter Education and Monitoring of the 2008 Presidential Elections.AVAP wishes to recognize the unequalled role played by its full and part time staff in all nine (9) provinces of Zambia.The 2008 Presidential Elections called for strategic planning due to lack of time and adequate resources. However, AVAP managed to mobilize voter educators and monitors whose invaluable efforts made a difference.AVAP therefore, pays glowing tribute to all the co-operating partners who funded the elections and designed the monitoring initiative through the Department for Foreign and International Development (DFID) without whose support and the financial support rendered from various Embassies, the mammoth task of monitoring the elections would have remained unattainable.AVAP is also indebted to the German Technical Co-operation (GTZ) for the supports rendered to the organization to enable it manage to conduct the Voter Education through community outreach and Radio Programmes on both community radio stations and Zambia National Broadcasting Corporation’s Radio 4.Further, AVAP appreciates the Fredrick Ebert Stiftung (FES) for the support rendered towards the Electoral Code of Conduct which enabled AVAP to engage electoral players to deepen the interpretation and implementation of the Electoral Code of Conduct with a view of leveling the playing field.The GTZ-Irish Aid combined support to AVAP for Good Governance activities paid dividends prior to the 2008 Presidential Elections. Further, the Community Civic Engagement and roundtable discussions and Community Voter Education organized by AVAP added value to the voter education. It is for this reason that AVAP commends the German Technical Co-operation (GTZ) and the Irish Aid for their all-weather support.AVAP also pays tribute to the Electoral Commission of Zambia (ECZ) for the thousands of copies of the Electoral Code of Conduct in Zambia which AVAP managed to disseminate to electoral players.AVAP further wishes to acknowledge good media coverage it enjoyed from both the electronic and print media during the count down to the 2008 Presidential Elections.Finally, AVAP salutes local strategic partners such as the Anti-Corruption Commission (ACC), Zambia Police Force, Local Authorities, Political Parties, the church, various Civil Society organizations and others too numerous to mention, for their unquestionable support.

II. ORGANISATIONAL BACKGROUNDAVAP was established and registered with the Registrar of Society on 26th December 1995. The organisation was established after realising the following critical issues in the Zambian Politics and democratic society:1. An appreciation of enhancing Zambian’s plural politics with a mobile call for sustainability of democracy through effective citizen participation in public affairs.2. Realising the need for eligible Zambians to exercise the right to vote or to be voted for in periodic elections.3. Entrenching power in the electorate as the masters of democracy with a view to making every vote count.4. Cultivating a cultural of endless democracy education so as to motivate both the elected and electorate.5. Concerned that voter apathy undermines the consolidation and growth of democracy, AVAP was established to reduce apathy in governance issues, including elections.AVAP’s Motto: “Making every vote count”AVAP’s Mission statement: “Vote enmasse through effective provisions for enhanced voter and political participation and reduction of voter apathy.”ObjectivesI. Maximise a country wide campaign against voter apathy.II. Campaign for maximum voter registration as a starting point for increased voter turn out.III. Sensitise people over their voting rights and the importance of their participation in public affairs.IV. iiRekindle civic values among the people through endless democracy education.V. Monitor Presidential, Parliamentary and Local Government elections.VI. Promote inter-party youth programmes as an avenue for conflict resolution and enhanced youth participation in public affairs.VII. Increase citizenry voice in democracy and good governance related issues.VIII. Promote co-existence of political parties in a democratic dispensation.IX. Contribute to the enhancement of democracy and good governance.III. CORE-GOOD GOVERNANCE PROGRAMMESIn addressing the principal objectives AVAP undertakes, the following are the core programmes:1. Democracy Education2. Democracy Resource/information centre3. Managing democracy fora4. Governance radio programmes5. Roundtable discussions6. Training of young politicians7. Governance talks in institutions of learning8. Lobbying and advocating initiatives9. Community civic engagement10. Election monitoringIV. GEOGRAPHICAL COVERAGEGeographically, AVAP operates in all the nine (9) Provinces of Zambia. In Mansa, Kasama and Chipata, AVAP has well built good governance houses with dotted numbers of democracy information centres. The good governance houses which are currently operating as democracy resource centers added value to the monitoring of the 2008 Presidential Elections.The good governance house and democracy information centres offered an opportunity for the spot voter education to clients who visited them on a daily basis.CHAPTER ONE:1.0 BACKGROUND TO 2008 PRESIDENTIAL ELECTIONSFollowing the untimely death of President Dr.Levy Patrick Mwanawasa SC (MHSRP) in France on 19th August 2008, a vacancy in the office of the President was created.During the dark hours, the then Minister of Justice Mr George Kunda and the Attorney General Mumba Malila took a lead in guiding the nation on the constitutional provision regarding to the Presidential vacancy that has been created.The Republican constitution is very clear in this matter according to Article 38 (1), which stipulates that:“If the office of President becomes vacant by reason of death, resignation or by reason of his ceasing to hold office by virtue of Article 36, 37 or 88, an election to the office of President shall be held in accordance with Article 34 within ninety days from the date of the office becoming vacant.”It is worthy noting that Article 36 is about Removal of President on grounds of incapacity; Article 37 talks about impeachment of President for violation of constitution, whilst Article 88, is about Dissolution of Parliament and related matters.Therefore, the constitution has adequate provisions to endure a smooth transition process. However, it must be noted that some leaders in the ruling Movement for Multi-Party Democracy (MMD) and even from the opposition political parties floated a wild talk on having a non-contested Presidential polls by allowing the MMD Presidential candidate go through unopposed.A brief fierce debate erupted. Those against holding elections felt that it was too costly and the funds to be wasted can be utilized to reduce poverty in the country. However, AVAP and those for the polls strongly believed that the constitutional provisions on the vacancy of the President ought to be adhered to. Further, the right to choose for a President should not be the preserve of a few people and that the President should have the consent of the people through the ballot box.The debate to forego Presidential elections was shot down as many stakeholders became convinced over the need to defend and protect the constitution.The 2008 Presidential elections were the fifth multi-party elections since the country reverted to multi-party democracy in 1991. These were unique and extra-ordinary elections due to a number of factors.The constitution, according to Article 38(2) states that;“whenever the office of the President becomes vacant, the vice-president or if the vice-president is unable, or by reason of physical or mental infirmity, to discharge the functions of his office, a member of the cabinet shall perform the functions of the office of President until a person elected as President in accordance with Article 34 assumes office.”Further, clause (3) of the same Article states that, “The vice-president or the member of the cabinet as the case may be, performing the functions of President under clause (2) shall not dissolve the National Assembly, except on the advice of the cabinet, revoke any appointment made by the President.”Conclusively therefore, the 2008 Presidential Elections held on 30th October unearthed a number of lessons and challenges anchoring on the legal framework especially the Constitution, Electoral Act and Electoral Code of Conduct.

1.1.0 AVAP ELECTIONS PREPARATIONAVAP intensified its voter education outreach in all the nine provinces and this saw a marked improvement as compared to the 2006 tripartite elections.The voter education strategy for the 2008 Presidential elections was code named “Go-Vote-Goal” with the theme “Speaking through the ballot box.” with emphasis on voter participation.

1.2.1 GO-VOTE-GOAL VOTER EDUCATION LAUNCHThe 2008

Presidential elections called for comprehensive voter education with a view to enhancing voter participation. This inspired AVAP to launch the Go-Vote-Goal voter education in all the nine provinces.The Go-Vote-Goal voter education with the theme “speaking through the ballot box” was also popularized through the media and AVAP “foot soldiers” empowered the electorates with information to employ the right Presidential candidate through the ballot box.The Go-Vote-Goal was anchored on the following initiatives:v Community outreach voter educationv Door-to-door voter education canvassingv Village to village meetingsv Democracy by busv Roadside voter information showsv Managing democracy forav Roundtable discussionsv Civic engagement with institutions of learningv Voter education programmes on radio stationsv Electoral code of conduct workshopsv Information sharing and dissemination at democracy resource/information centresv Distribution of posters, fliers, copies of electoral code of conduct and electoral offences in Zambia to members of the general public.AVAP had to strategic measures in place to broaden up the Go-Vote-Goal voter education. Thus the Go-Vote-Goal voter education was conducted as follows:

PROVINCEDISTRICTCONSTITUTIENCY1. Northern- Kasama- Kasama central- Lukashza- Mpika- Mpika central- Kanchibiya- Luwingu- Lubansenshi- Chinsali- Chinsali central2. Luapula- Mansa- Chinsali central- Bahati- Samfya- Bangweulu- Mwense- Chipili- Nchelenge- Nchelenge3. Central- Kabwe- Bwacha- Kabwe central4. Eastern- Chipata- Chipata central- Chipangali- Petauke- Petauke central- Musanzala- Katete- Milanzi- Mkaika5. Copperbelt- Kitwe-Nkana - Kaminsa - Kwacha- Chimwemwe - Wusakile6. North Western- Solwezi- Solwezi central7. Southern- Monze- Monze central - Bweengwa8. Lusaka- Lusaka- Matero - Kanyama - Munali- Mandevu - Kabwata - Chawama- Lusaka central9. Western- Mongu- Mongu central- Kaoma- Kaoma centralAVAP deployed over 300 voter educators in various constituencies. The voter educators played a critical role in ensuring that the Go-Vote-Goal voter education meets its intended objectives.The managing democracy forum hosted in the districts where AVAP has democracy information centres added value to the voter education. AVAP ensured that electoral related topics were discussed and consensus reached.Therefore, topics such as the Electoral Code of Conduct, Party Manifestos, Quality Candidates, the right to vote, among others involved serious debates among electoral stakeholders.

1.1.2 MEDIA CAMPAIGNS ON ELECTORAL ISSUESWith the growth of the community radio stations in some rural districts, AVAP broadcast live voter education programmes on community radio stations and ZNBC’s Radio 4. The Go-Vote-Goal radio programmes focused on:· The implication and interpretation of Article 38 and other related Articles of the Republican Constitution;· Analyses of Presidential candidates;· The Electoral Code of Conduct;· The role of domestic monitors and international observer;· Media coverage and electoral corruption among others.The Go-Vote-Goal radio programmes offered both the electoral players and electorates an opportunity to lively discussing pertinent issues with a view to reaching consensus. AVAP therefore viewed this initiative as a confidence building measure.The Programme successfully implemented the following:

PROVINCEDISTRICTRADIO STATIONCOVERAGE1.NorthernKasamaManoKasama, Mungwi, Chinsali, Luwingu (some parts), Mbala, Mpika and Mporokoso2.EasternChipataBreezeChipata, Katete, Petauke, Chadza, Nyimba (some parts), Mambwe and Lundazi3.CopperbeltKitweChengeloAll Copperbelt districts4.SouthernMonzeSky FMKabwe to Livingstone5.LusakaLusakaZNBC Radio 4Along the line of railThe Go-Vote-Goal radio programmes won the support of the four other community radio stations namely Petauke Explorer (Petauke), Solwezi FCC (Solwezi), Musi-O-Tunya (Livingstone) and Lyambai (Mongu). These community radio stations contributed to the enhanced voter education.AVAP embraced the official languages spoken in a particular area so as to promote good listenership. This enabled the Go-Vote-Goal radio programmes attract the electorate.Therefore, the programme inspired the electorate to tune-in to respective radio stations on the stipulated days for the programmes.

1.1.3 ELECTORAL CODE OF CONDUCT WORKSHOPSThe Electoral Code of Conduct was formulated and endorsed by electoral players with a view to leveling the playing field.However, the Electoral Code of Conduct has always been observed in breach.AVAP Conducted training workshop on the Electoral Code of Conduct targeting the electoral players such as political parties, Zambia Police, Anti-Corruption Commission Media, Non-Governmental Organisations Local authorities, church and Community Based Organisations.The workshops enabled AVAP to create awareness on the essence of the Electoral Code of Conduct, build consensus on the enforcement and compliance of the Electoral Code of Conduct, disseminate and distribute copies of the code to the electoral players among others.The workshops also offered an opportunity to the stakeholders to actively debate on how the Electoral Code of Conduct can be enforced and adhered to.The workshops were conducted as follows:NO.PROVINCEDISTRICTELECTORAL PLAYERS1.SouthernMonzeMMD, UPND, Police, NGOs, PF, ZANIS, Church, Sky FM, CBOs & ACC2.CentralKabweMMD, ZANIS, UPND, RADIO Maranatha, PF, ACC & Church3.CopperbeltKitweMMD, UPND, ZANIS, Flavor FM, PF, Police Icengelo, Zanama, Kitwe city council, Yar FM & ACC.4.EasternChipataBreeze, UPND, ZANIS, NGOs, MMD, POLICE, Church, PF & ACC.The workshop enabled the electoral stakeholders identify gaps in the Electoral Code of Conduct.The stakeholder recommended for a review of the code noting that the current one could not serve as a measure for leveling the playing field. They also observed that the code lacked an enforcement mechanism and hence of the need for calls for strengthening it.VOTERS ROLLThe Electoral Act No. 12 of 2006 section (4) and sub-section (2) states that:“The Commission shall compile, maintain and update on continuing basis, a register of voters, which shall include the names of all persons entitled to vote in any election under this Act, local government election the Local Government Elections Act or referendum under Referendum Act”The statutory instrument No. 51 gives powers to the ECZ to under take continuous voter Registration as approved by parliament in 2001. However, due to lack of political will on the part of government, the ECZ has not been funded to implement the continuous voter registration. Thus the 2006 voters roll is outdated with distorted figures due to deaths, transfers, and loss of voter’s card.In 2005 the projected number of the eligible voters was 5 517 443 however only 3 941 229 voters were registered countrywide.Thus the current voters roll has 3 941 229 registered voters on payer only and this undermine the electoral process. The outdated figures in the voters roll districtNATIONAL VOTER REGISTRATION FIGURES 2006Provincial CodeProvince NameDistrict CodeDistrict NameCaptured No. of VotersProjected No. of Voters01CENTRAL0101Chibombo101,231106,8580102Kabwe72,31290,5690103Kapiri Mposhi69,10271,3820104Mkushi39,89451,4260105Mumbwa53,34576,9200106Serenje43,10649,04302COPPERBELT0201Chililabombwe30,22944,5460202Chingola70,265105,8370203Kalulushi37,22050,4160204Kitwe155,377215,1120205Luanshya54,76482,1770206Mufulira61,01182,7640207Lufwanyama26,63729,9750208Ndola134,644206,5760209Masaiti34,95538,7510310Mpongwe30,28228,30403EASTERN0301Chadiza31,77753,5040302Chama34,55051,1870303Chipata130,565202,8330304Katete81,019112,6040305Lundazi105,108134,3650306Nyimbe26,30434,6340307Petauke84,942136,3090308Mambwe22,27630,85604LUAPULA0401Kawambwa40,18662,0470402Mansa65,25385,1000403Mwense44,10375,5600404Nchelenge45,99671,8390405Samfya72,39891,5950406Chienge38,48048,8360407Milenge12,31915,57905LUSAKA0501Chongwe55,64380,5370502Kafue63,14380,2060503Luangwa8,92814,5190604Lusaka489,860606,60306NORTHERN0601Chilubi28,28935,8800602Chinsali39,79272,2020603Isoka31,21549,1870604Kaputa33,14648,6390605Kasama67,45589,4700606Luwingu35,45243,6790607Mbala49,10064,7000608Mpika60,42872,2890609Mporokoso29,04839,8570610Nakonde26,60039,9930611Mungwi40,57554,2210612Mpulungu26,23335,74407NORTH-WESTERN0701Kabompo34,52647,8760702Kasempa21,64727,2840703Mufumbwe20,41030,5040704Mwinilunga51,20885,8160705Solwezi76,51885,8160706Zambezi31,45253,3990707Chavuma15,16429,47108SOUTHERN0801Choma80,608132,4670802Gwembe19,01928,2870803Kalomo77,206115,5540804Livingstone50,09964,3070805Mazabuka77,915112,1300806Monze57,89190,6060807Namwala26,99633,5590808Siavonga26,63937,4260809Sinazongwe35,15843,9560810Kazungula34,75349,4210811Itezhi-Itezhi22,30123,50909WESTERN0901Kalabo48,63782,2690902Kaoma60,403103,3080903Lukulu31,39849,8370904Mongu68,40494,8050905Senanga48,53557,7700906Sesheke36,27547,3950907Shango’mbo27,92036,810TOTAL4,015,6395,517,443VOTERS CARD REPLACEMENTThe Voters Card Replacement conducted by the ECZ was meant to afford those who lost voters cards and opportunity to have them replaced. The exercise with a timeframe of seven (7) days failed to capture many voters.In the remote areas of the country, inadequate publicity was one of the factors for failure to capture the voters.In most districts, due to delays in distributing election materials, the exercise lasted for few days.The Voters Card Replacement exercise was poorly planned because even on the polling days, in some districts the replaced voters cards were not delivered by the ECZ.CHAPTER TWO:2.0 PREPARATION BY ELECTORAL COMMISSION OF ZAMBIA, GOVERNMENT AND CO-OPERATING PARTNERS.2.1.0 Voter Replacement ExerciseUnder article 75 of the republican Constitution, the right to vote can only be exercised by a Zambian citizen who is eighteen years of age and above, and should be a registered voter.It is under article 75 of the same constitution which mandates the electoral commission of Zambia with the responsibility of supervising the registration of voters for the purpose of elections.Government amendments of the electoral act No12 of 2006, that allows continuous voter registration was not implemented due to inadequate funding and time constraints to prepare the voters register. Therefore, the un-timely death of President Levy Mwanawasa on 19th September, 2008 at Percy Military hospital In France posed a great challenge for the electoral commission of Zambia to undertake a fresh voter registration exercise.The provision of article 38 of the Constitution of Zambia tightened the capacity of the electoral commission of Zambia to conduct a fresh electoral voter registration.Therefore due to limited time, lack of adequate funding and human resource, the electoral commission of Zambia opted to conduct a voter replacement exercise which was scheduled from 21st to 27th of September 2008.AVAP spot check at Green Acres Center in Kalomo on the 26th September revealed that the exercise was ineffective as it lacked adequate publicity.However it can be argued that the exercise was effective due to the fact AVAP did not have the statistical data of how many people lost their voters cards in the polling district, but it must be noted that AVAP through its voter educators discovered that the lack of publicity by the ECZ was the main cause of the apathy towards voters cards replacement exercise.Despite the exercise being implemented by ECZ people whose cards were replaced questioned the integrity and validity of the process because no document was issued those who had their cards replaced.This can be argued on the basis given by Mr. Earnest Chilonde of NRC -------------who complained and questioned the system to AVAP Management in Livingstone during the training of Monitors.2.1.1 Funding of the Electoral Commission of Zambia (ECZ)The Electoral Commission of Zambia (ECZ) presented the elections budget to the then Minister of Finance and National Planning Mr. Ngandu Magande. It was then tabled to the donors who pledged to support the conducting of the Elections as announced by the then acting president Mr. Rupiah Banda on the ……………………..The cooperating partners established the elections fund which was administered by the United Nations Development Fund (UNDP) to collectively support the 2008 presidential election.Consequently, the fund went a long way in helping the ECZ to make adequate preparations to conduct comprehensive voter education in the country and other necessary preparations leading to the restoration of voter confidence in the institution (ECZ).2.1.2 National Voter Education Committee (NEVC)The electoral act No 12 of 2006 empowers the Electoral Commission of Zambia to under take comprehensive voter education in collaboration with society organizations that are actively involved in governance issues. Since the establishment of the national voter education Committee (NVEC) IN 2000, various institutions such as the Anti Voter Apathy Project, FODEP, TIZ, ZNWL, SACCORD, and others have always being in-corporate to conduct voter education in the Country.However, although the Voter Education Committee was dissolved by ECZ after the 2006 elections, the structure was re-established due to the need that arose of sensitizing voters in the presidential election.The Commission through Mrs. ……………Mubita brought on board relevant Civil-Society Organizations to work together with the Commission. AVAP in its capacity adopted Ms Doreen Njovu and Hector Hamusankwa to represent the organization at National level.The establishment of the National Voter Education Committee (DVER) operated through the respective councils. The structure operated through the office of the town clerk and Council Secretaries.In addition, other units at the grass root level were created to implement voter education such as the constituency voter facilitators and implementers at the ward level who were tasked to educate voters in a particular ward.Consequently, AVAP raised a concern on how the councils recruited the constituency facilitators in Southern Province. The On-The-Spot check and monitoring of the recruited staff recognized Politicians within the recruited staff who under went AVAP/FES training work shop on the young people in politics in 2007. The following are the names of the young people in politics who took part in the AVAP/FES workshop are………………………………………………….In addition, AVAP recognized old women who might not have been able to implement the activity as intended by ECZ due to various challenges as demanded by the task.The Voter education through the districts Voter Education Committee lost concentration due to political campaigns, as there was an overlap of the two activities. This therefore shifted attention from voter education to the messages that were carried by various political parties.However, despite the above it must be stated that the ECZ did their best to recognize the structure though there is still need for the councils to improve their capacities in handling electoral responsibilities in a transparent, accountable and credible manner. This is important to restore voter confidence in the electoral process.AVAP was represented on the District Voter Education Committee (DVEC) as indicated below:No.ProvinceDistrictNomineeGenderPosition1.LusakaLusakaChongweDoreen NjovuHector HamusankwaBesa LembalembaFMMLobbying and Advocancy OfficerProvincial CoordinatorDistrict Coordinator2.CentralKabweSerenjeHumfrey ZuluChritopher KaleyaMMInformation OfficerDistrict Coordinator3.SouthernMonzeChomaKebby SalisimoArthur MuyundaMMInformation OfficerProvincial Coordinator4.WesternKaomaJescal ChoonyaFCommunity Civil Educator5.LuapulaMansaSamfyaNchelengeMwenseKasapo MufundaLanceMusengeSamson UtolaJuliano MusungaMMMMCommunity Civil EducatorCommunity Civil EducatorCommunity Civil EducatorCommunity Civil Educator6.NorthernKasamaMpikaLuwinguChinsaliNakondeIsokaChristopher ChikwandaAndrew MbitaJob MwilaLinda ChilamoGerald MusonsaJoseph SimukokoMMMFMMInformation OfficerInformation OfficerCommunity Civil EducatorInformation OfficerDistrict CoordinatorDistrictCoordinator7.EasternChipataLundaziKateteMambwePetaukeNyimbaChadizaMichael MwaleMbemba MabvutoAdamson BandaMartin MalataMosses PhiriCelphaes NdumbaRhoda BandaMMMMMMFProvincial CoordinatorDistrictCoordinatorDistrictCoordinatorDistrictCoordinatorDistrictCoordinatorDistrictCoordinator8.CopperbbeltKitwePoster JumbeMProvincial Coordinator2.1.3 National Conflict Management CommitteeThe electoral act No 12 of 2006 recognizes the establishment of the Conflict Management Committee in all the 72 districts of the country. As stated in section 110-111 of the electoral act that when deciding on objection, dispute, complaint or an appeal, the commission or any person deciding the matter can attempt to resolve through reconciliation or meditation.The re-establishment of the conflict management committee in all the districts in the country in 2008 was to resolve the political conflict during the run-up to the presidential polls.Therefore AVAP as a member both at the National and District levels was at National level represented by the executive Director of the Organization Mr. Bonnie Tembo, while at district levels the organization was represented by various AVAP staff as indicated belowNoProvinceDistrictNomineeGenderPosition1.LusakaLusakaMr.Bonnie TemboMExecutive Director2.CentralKabweMr. Kedrick ChasayaMProvincial Coordinator3.NorthernKasamaIsokaKelly KashiwaSimon ChitiMs.NachilongoMMFProvincial CoordinatorCommunity Civic EducatorFriends of AVAP intiative(FAI)4.LuapulaMansaKasapo KafundaMCommunity Civic Educator5.EasternChipataChristopher NgomaMInformation Officer6.CopperbeltKitwePoster JumbeMProvincial CoordinatorThe objectives of the conflict Management Committee were:1. Monitor the adherence of the electoral code of conduct by all stake holders in the electoral process.2. Receive and investigate all reports of suspected violation of the electoral laws3. Mediate and reconcile political conflict4. Resolve disputes within the electoral periodAVAP through its Executive Director took part to resolve the conflict that was lodged in by the Patriotic Front to the ECZ over the sugar distribution by the then acting president Mr. Rupiah Banda at Vulamukoko Village in Katete. The PF was seeking a clarification whether or not MR. Banda did not intentionary induce the minds of the electorates towards the polls.During mediation, the MMD put their defense that the distribution of Sugar exercise was before the launching of the official campaigns. However, it was resolved by stake holders that such bad practices should not be encouraged as they were tantamount to electoral corruption.Success can be said to have been scored as the committee managed to resolve political tension during campaigns as perpetuated conflicts were timely resolved. However, the committee found it difficult to deal with those conflicts that bordered on Electoral offences as affected parties opted to take legal action through the courts of law.2.1.4 Production of Voters RegistersThe ECZ did not take a voter registration exercise towards the presidential polls. The commission was not ready to conduct the exercise as time could not allow due to the provision of article 38 of the amended 1996 Act No18 of the constitution of Zambia. However, due to the constitutional limitation of 90 days in which an election is to be conducted, the ECZ opted to use the 2006 certified register with 3,942,229 eligible voters.There was however, positive developments regarding the production of the voters register in that the printing department made the voter register available at all times in readiness for sale at K15 000 per copy. AVAP managed to purchase 2,685 registers for all its monitors in the allocated polling stations as per four organizations sharing strategy.2.1.5 Printing of Ballot PapersSince the Zambian Government Printers have no capacity to timely print ballot papers, the 2008 presidential elections ballot papers were printed in South Africa, Durban as was the case in 2006 tripartite elections. The same printing company Universal Printers which was used in 2006 was called upon to print the ballot papers.The feature of the ballot papers were:· Name of Candidate· Name of political party one represents· The portrait of the aspiring candidate· The symbol representing the particular Political party.To avoid suspicions on the printing of ballot papers, the ECZ sent a delegation of political parties, the Church, and civil Society groups to monitor the printing, packaging and the transportation of the ballot papers.Despite the need for transparency in the process there was breakdown during the transportation of the ballot papers as the stake holders were not briefed by ECZ that some ballot papers could remain and use a different plane as the plane scheduled could not contain the weight.Consequently, there were misunderstandings at the Airport in Zambia when political Parties discovered another consignment of ballot papers was coming on a second plane from South Africa.Because of the above, people in general felt that the ECZ connived with the MMD and the printing company to rig the elections. Due to the mistrust developed by stake holders in the electoral process, political cadres detained two Trucks in Livingstone on 27th September, which contained educational materials on suspicion that it contained some more ballot papers. 2.1.6 Distribution of Election MaterialsThere was an adequate preparation by the ECZ regarding distribution of election materials to all parts of the country. The commission started delivering ballot boxes as early as …………………in Mazabuka district of the Southern Province, the Town Clerk Mr.-------------------------confirms having received the materials in readiness for the elections. AVAP District coordinators engaged Council secretaries to closely check the number of ballot boxes that were received in the districts. In ………………………..District of Eastern province AVAP District coordinators Mr. ………………………visited the Council Secretary to Confirm receipt of ……………………ballot boxes.When AVAP contacted the Commission at Election House in Lusaka, the director of elections and other electoral staff confirmed having started delivering ballot boxes to various districts in the country.To clarify everything the commission indicated that the lessons leant in 2001 and 2006 elections on late delivery of materials were enough mistakes to improve on. Despite, the ECZ having put in place measures to improve the service delivery of election materials there were serious logistical constraints in the execution of such a huge task. Some of the problems bordered on the lack of adequate preparation by the Commission.In Kalabo and Shangombo districts of western province, voting did not commence on the 30th as announced by the acting president. Instead the polls were conducted on 31st and the 1 of November respectively, due to breakdown of vehicles carrying the elections materials within rough terrain covering 200 kilometres from the Boma.

WESTERN PROVINCE DELAYED VOTING POLLING STATIONSNo.DistrictConstituencyPolling StationRegistered votersVoting Commenced1.KalaboKatelwaSinyanganya basic school Sinyanganya Village (Tent)31st Nov, 20081st Nov, 20081st, Nov, 20082.ShangomboSinjembelaKaungamshi31st, Nov 2008In Monze District the transparent ballot box bearing Luangwa Polling Station of Lusaka District was used for Site and Service Market polling Station of Monze. At Mwaala Polling station, a box containing ballot booklets indicated that there were 8 booklets of 50 ballot papers each, while a physical check indicated that there were 7 booklets of 50 ballot papers each enclosed in the each box. The issue of ballot booklets not tallying with the physical count was a wide spread problem observed at most of the polling stations in Monze District.2.1.7 Recruitment and Training of Electoral StaffThe ECZ had been for a long time been using teachers and competent council staff to conduct elections in Zambia. However, for the 2008 elections the commission announced that it was not going to use teachers as they were partisan and could easily be compromised. The commission stood its ground that teachers demonstrated their partisan stance by supporting the opposition in 2006 tripartite elections.In this regard therefore, the commission empowered town clerks and council secretaries to advertise and examine all those that were to undertake the exercise. The shift in the recruitment exercise prompted AVAP to strategize on how best to monitor the exercise.To this effect AVAP instructed its entire provincial and district coordinators to monitor the recruitment system. During the stake holders’ work shops on the electoral code of conduct, conducted in Monze, Kitwe , Kabwe and Chipata, AVAP encouraged all political parties, the media, church and all civil society organizations and other stakeholders in the electoral process to monitor the recruitment and training of electoral staff. AVAP concluded that the councils made internal adverts which did not yield intended results as there were a lot of relatives and friends who were co-opted as electoral staff.One good example noted was that of a Monze Secondary School grade eleven pupil by the name of Carol Moonga who was recruited as an electoral official at Ntambo Polling Station in Moomba Constituency. The girl was recruited by Mr. Kalombwe Mwila the Deputy Council Secretary for Monze.The cooperating partners established the elections fund which was administered by (DFID) with a view to collectively support the 2008 elections. The funding was an important development of a well coordinated effort to support civil society organizations that had interest in the monitoring of the elections. The four organizations namely are the Anti Voter Apathy Project, SACCORD, FODEP AND ZNWL. The four organizations agreed that the fund be managed by the FODEP for easier and timely release of the fund s.This enabled the four organizations to carry out their work on the election monitoring strategy to avoid duplication of work at polling stations. The fund were specifically for the training of trainers, training of monitors, deployment, elections monitoring and production of 2008 presidential elections report.CHAPTER 3:LEGAL REFORMS RELATED TO ELECTIONSCONSTITUTIONIn 1996, parliament, mainly dominated by the ruling MMD, enacted a new constitution which was widely rejected by both political and civic stakeholders. The Constitution Review Commission (CRC) was headed by a prominent educationalist, lawyer and politician, Mr. John Mwanakatwe.The Mwanakatwe-led CRC came up with progressive recommendations. However, Government, using the provisions of the Controversial Inquiries Act, issued a white paper rejecting most of the progressive recommendations.In 2003, a Constitution Review Commission was appointed under the chairmanship of a prominent Lusaka lawyer, Mr. Willa Mung’omba. The Mung’omba-led CRC faced a number of challenges as the Oasis Forum, a consortium of the three church mother bodies, the Law Association of Zambia (LAZ) and Non-Governmental Organisation (NGO), pressed for a Constituent Assembly as the best method of adopting the constitution.The constitution-making process dragged on and no constitution was enacted due to financial and time constraints. Thus, the 2006 tripartite elections were held under the 1996 amended constitution.After elections, the constitution making debates resumed and this saw the enactment of the National Constitution Conference (NCC) towards the end of 2007.The NCC chaired by the former Solicitor General in Chiluba’s Government, Mr. Chifumu Kingdom Banda State Council, is a representative body of all strategic stakeholders in the country tasked to debate and adopt the draft constitution as proposed by the Mung’omba – led CRC with twelve (12) months.The constitutional reforms need to be completed before the 2011 tripartite elections. The new constitution should embrace a number of progress clauses that can enhance our young democracy.There have been popular demands for:-§ 50% plus one vote§ Enshrined date of elections in the constitution§ Setting up of Election Tribunals§ Political Party Financing§ Disclosure source of funding§ Decentralisation of the Electoral Commission of Zambia (ECZ) as Independent Electoral Commission of Zambia (IECZ)§ Mixed member proportional system§ Re-call or vote of no confidence clause§ Electoral Commission of Zambia Chairperson to act as Presidential Elections Returning Officer.AVAP is of the view that democratic elections are anchored on a sustainable legal framework and hence the need to have a good constitution. The greatest challenge of the NCC is to ensure timely deliverance of a new Republic Constitution before the 2011 tripartite elections. The most cherished dream for Zambians is to realise a constitution that will stand the test of time.

ELECTORAL REFORMS – ELECTORAL ACT NO. 12 OF 2006In 2005, President Mwanawasa appointed the Electoral Reform Technical Committee (ERTC) to facilitate the process of gathering and documenting views from stakeholders with a view of enacting a new Electoral Act. The ERTC, which was chaired by Lusaka Lawyer, Ms. Mwangala Zaloumis, concluded its work on time and handed over the final report and draft Electoral Bill to Government. However, Government presented an Electoral Bill to Parliament which left out a number of fundamental recommendations, arguing that they required amending the Republican Constitution before being included in the Electoral Act, which was a subordinate legislation. For instance, the Government rejected the inclusion of the requirement for a winning Presidential Candidate to at least get 51% of votes, arguing that such recommendations needed the amendment of the constitutions.The new Electoral Act, No. 12 of 2006 was eventually enacted. However, the Act was limited in terms of inspiring public confidence and minimising political conflict in the electoral process. Worse still, even progress recommendations that were included in the new Electoral Act such as the Special Vote could not be implemented by the ECZ.The Special Vote was provided under section 24 of the Electoral Act No. 12 of 2006. It stipulates that: Special Votes can be given to people who can not vote at the polling station where they are registered on Election Day because of:-i) Physical infinity or disability or pregnancyii) Being an Officer or Monitor in that election, or being on duty as a Security Service Member for that election.Regrettably, the ECZ did not enforce the special vote as reflected in the Electoral Act citing lack of mechanisms to ensure smooth enforcement.

ELECTORAL CODE OF CONDUCTThe 1996 Electoral Code of Conduct was revised in 2006 to prepare for the 2006 Tripartite Elections. The Electoral Code of Conduct was revised in accordance with the new Electoral Act. The Code stipulated how political parties, the media, the police, monitoring organisations and citizens should behave during campaigns.AVAP observed that the revised Electoral Code of Conduct was enacted too late to be effectively publicised and understood by various stakeholders. Though the ECZ publicised the Code in the print media, it was too late for stakeholders, especially political parties to disseminate it to their general membership in the country.Consequently, AVAP noted with dismay that the Electoral Code of Conduct is observed in breach by almost all political parties and their candidates.However, it was not only lack of knowledge on the new Code of Conduct that caused its breach, generally, the political culture of some political parties, cadres and politicians tends to border on undemocratic and illegal conduct.Similarly, law enforcement agencies and the public media are still operating under the structures and instructions of the one party state. Legal and media reforms are also needed while continuous civic and voter education is required for instilling a culture of democratic conduct by various stakeholders.

ELECTORAL OFFENCES IN ZAMBIACHAPTER FOUR:4.0 JOINT PRESIDENTIAL ELECTIONS MONITORINGSTRATEGY4.1.0 AVAP GOEGRAPHICAL COVERAGEThe joint presidential elections monitoring strategy was an initiative the four organizations namely AVAP, FODEP, SACCORD and ZNWL employed to share the Provinces according to the strength and capacity of organization. According to the monitoring strategy document 2008 published by the four organizations, it was agreed that all the four organizations had to monitor elections in Lusaka and Copperbelt Provinces to give equal access to the media and for equal opportunities to monitor densely populated vote banks.The Joint Presidential Elections Monitoring strategy document indicated the sharing of provinces and districts according to the strength and capacity of each organization through its established structures. After the sharing strategy, AVAP and FODEP had established organizational structures which mandated them monitor elections countrywide.SACCORD and ZNWL had their own selected and preferred provinces and districts in which they had to monitor elections. SACCORD indicated that they were to monitor in Lusaka, Copperbelt, Southern, Western, North-Western, Central and in three districts of Eastern Province namely Chipata, Petauke and Mambwe. The ZNWL monitored in the eight provinces except for North-Western.During the meeting held at SACCORD on ------------------- it was agreed that sharing of polling stations would be at ward level to avoid accusations in cases where an organization failed to deploy a monitor at a particular polling station as was the case in the 2006 Tripartite Elections. It was agreed that ward allocation strategy was the best to hold an organization accountable for its failures to monitor elections. In this regard, AVAP monitored the elections in the seventy two (72) districts of Zambia.

4.1.1 AVAP MONITORING GOVERNANCE STRUCTURE4.1.2 ELECTION MONITORING PREPARATIONSIn readiness to undertake election monitoring, AVAP had put a well coordinated mechanism at the grassroot level. With the already existing structures in all the provinces, AVAP staff and volunteers through friends of AVAP initiative (FAI) got geared to monitor the presidential elections.Secretariat staffs were also allocated in provinces to facilitate the smooth monitoring mechanism. The transport aspect was taken into account at the preparation stage and vehicles were sourced to help in the deployment process.AVAP had already provincial coordinators who are full-time staff of the organization. The National Secretariat developed tools to be used in the training of trainers (TOT) and developed a 2008 monitors training manual. There were other informative literatures that were mobilized from Electoral Commission of Zambia such as the Electoral Code of Conduct and Electoral Offences Booklet as supplements for effective monitors training.AVAP developed the collation centre form and the monitors file as an observation tool to determine the outcome of the elections as per required standards. National Secretariat purchased 2685 registers for easier monitoring as well as the purchase of exercise books to document irregularities as may have been observed by monitors.

4.1.3 IDENTIFICATION AND TRAINING OF TRAINERS AND MONITORSThrough the basket funding which was facilitated by DFID, it was possible for AVAP to identify the trainers who eventually trained monitors in all the districts. The provincial coordinators played a vital role in indentifying credible trainers who could train monitors after the training of trainers’ workshops. During the training of trainers, AVAP brought district coordinators and constituency coordinators together who were trained to later train the monitors. The whole exercise was supervised by the National Secretariat staff spread countrywide during the mission. In total AVAP trained 231 trainers who became provincial, district, and constituency coordinators for the purpose of effective monitoring mechanism. The coordinators played a role in indentifying, training and deployment of 2,685 monitors on the eve of polling day as was the case in remote areas, though in nearby polling stations monitors were deployed in the early hours of the actual polling day.

TRAINING OF TRAINERS STAFFPRONVINCESECRETARIATEPROVINCIAL/CORDINATORDISTRICTSDISTRICT CORDINATORS/TRAINERSLUSAKADoreen Njovu· Lusaka· Chongwe· Kafue· LuangwaRichard NgomaBesa LembalembaMervis CheweCENTRALMr. Daniel PhiriMR. Kedrick· Mumbwa· Chibombo· Mkishi· Kabwe· Kapiri-Mposhi· SerenjeNelson MbweIsaac BandaEdward MwanzaHumphrey ZuluNelson TemboChristopher KaleyaEASTERNMc Domini, MumbaMr. Michael Mwale· Chipata· Chama· Chadiza· Mambwe· Lundazi· Nyimba· PetaukeMoses PhiriNewton MatangaRhoda BandaMartin MalataMbeba MabvutoCelphas NdumbaMoses Phiri4.LUAPULAFlorence Chipasha HopeMwelaishaMansaNchelengeSanfyaMwenseChiengiMilengeKawambwaMufunda KasapoSamson CholaLance MusengeMartin KabundaJoseph ChitiBarnabas KaomaMisheck Mufunda5..NORTHERNKelly KashiwaKelly KashiwaKasamaChisanliChilubiKaputaLuwinguMbalaMungwiMporokosoMpulunguMpikaIsokaNakondeChristopher ChikwandaLinda ChilamoOsward MutambaLydia ChansaJob MwillaSteven MulengaWilband ChandaDarmas KabweAmos MaselemaAndrew MbitaJoseph SimukokoGerald Musonsa6.NORTH-WESTERNKyapalushikapatamoyoSolweziKasempaMwinilungaZambeziMufumbweKabompoChavumaShepherd MulumbiLawrence KakisaLameck MatabishiKambanji ChidataGodfrey KaponjeLeonard ChipawaPatrick Samuhona7.SouthernRichwellArthur MuyundaChomaKalomoMazabukaMonzeSiavongaSinazongweItezhi ItezhiGwembeNamwalaKazungulaClifton ChifuweMargaret BottmaCain MiyobaKebby SalisimoIreen SimweembaTovin NgombeBoyd KakwashaMoses SialujalaLeonard MuzhiwoSibu Malambo8.CopperbbeltBonnie TemboPoster JubeKitweNdolaMufuliraChingolaKalulushiMasaitiMpongweLuashyaLufwanyamaChililabombweGerald MuteloDonald SichoneRichard SifukweMumpuka MwansaMagaret MwansaMulenga MwansaChibwe ChilesheClara NamonjeGeorge Bube9.WesternMiyoba HamusakwaKabinda MutaleMutti MubangaMonguKaomaSenangaLukuluSeshekeKalaboShangomboKayunba MalamboFlorence MathePrudence mulikelelaImbuwa MunalulaMuyunda WalusikuSitwala MusiyalelaJustin Mushokwe

4.1.4 AVAP DEPLOYMENT OF MONITORS GAME PLANEven before the 2008 Presidential Elections AVAP had continuously engaged locals in key governance issues through authorities.Continuous democracy education was through civic engagement, which made it easy for AVAP district coordinators to hold consultative meetings with electoral officers on how best the organization could deploy its monitors to some of the remotest polling stations. The co-operation AVAP received from council secretaries, town clerks and provincial local government officers (PLGO) in selected districts made it easy for it to deploy monitors. Some districts where AVAP received such help include: Choma, Kalomo, Nchelenge, Lundazi, Kabwe and Samfya.With the presence of provincial, district and constituency coordinators on the ground, the coordination and supervision of the deployed monitors was simplified. AVAP managed to deploy monitors according to the deployment plan including the most difficulty polling stations such as in Manchavwa on the Kariba lake shore.Other difficult areas include, the Kirwa Island, Chilubi Island, Siampondo of Sinazongwe District, Chief Nabwalya and some polling stations in Kalabo district.Though Anti-Voter Apathy Project (AVAP’s) projection was to score a hundred percent (100%) election monitoring countrywide, the organisation faced other obstacles that could not be avoided, such as the road accident which happened in Mongu on 29th October 2008 in which nine (9) AVAP monitors were involved.The accident happened along Limulunga road during deployment exercise. The driver, Mubanga Muti in his trying to avoid an old woman careered off the road. Though no life was claimed, the accident recorded two serious cases which were referred to the University teaching Hospital in Lusaka.The details of the AVAP monitors who were involved in the road traffic accident were as indicated below:-No.Name Of MonitorSexNRCResidential AddressHospital Of AdmissionCondition Of Patient1.Inonge MulemwaF267051/82/1Winela, MonguLewanikaDischarged and well2.Harriet LikandoF275329/82/1MonguLewanikaDischarged and well3.Nosiku KalimoshoF291569/82/1HospitalNot hospitalised but examined at LewanikaNot Admitted4.Chuma MuyundaF909601/11/1Mulambwa AreaLewanika referred to UTH LusakaDiagnosed with a fractured leg.5.Namushi NamushiF274213/83/1Ushaa (Tusherle Village)Lewanika refered to UTH LusakaDiagnosed with a neck problem and discharged6.Bright Like MulikanaM239697/71/1Mulambwa AreaLewanikaDislocation of leg Discharged with plaster of paralysis and clutches7.Octavia ImbulaF-WinelaLewanikaExamined and discharged8.Mutale KabindaM-Mtendere LusakaNot admittedAttended to at UTH for general body9.Mubanga MutiM--Not admitted (driver)Not admitted. No complaints===========================================================================WRITE SOMETHING===========================================================================o.ProvinceDistrictsConstituenciesMonitors RequiredDeployedExcessShort Fall1.Central6142372.Luapula714291291003.Lusaka412364360044.Copperbelt1022375377205.Eastern819388383056.Northern1221464460047.North Western7122248.Southern1119318316029.Western71725523200234.1.4. ACCREDITATION OF MONITORSAccording to the Electoral Act No. 12 of 2006, all election monitors and international observers are by law required to be officially accredited by the Electoral Commission of Zambia (ECZ) through a written publication to the Director of Elections.However, during the 2008 Presidential elections, the Commission announced the time frame in which monitors were to be accredited; which was from 11th to 23rd October 2008. The Commission still faced the usual challenge of failing to timely accredit monitors although there was an improvement in the way accreditation was handled compared to 2006 Elections. AVAP managed only to get cards for dotted districts countrywide which posed a big threat to effectively monitor the Elections. AVAP confirms that the last consignment of accreditation cards meant for different districts of the country were received on 29th October 2008, which was not possible to despatch the cards to various destinations.In all those districts whose cards were not available, AVAP District and Constituency Coordinators engaged returning and presiding officers at the local level to allow AVAP monitor the elections through their discretion. In Choma district for example, two (2) AVAP monitors namely ……………………………………. and ……………………… who were assigned to monitor at Popota Basic School Polling Station were not allowed to enter the station because they lacked accreditation cards. The Provincial Coordinator, Mr. Arthur Muyunda together with the Constituency Coordinator, Mr. William Nkulukusa played a critical role to persuade the Returning Officer, Mr. Golden Banda, who later understood the request and instructed Presiding officers to allow AVAP monitors despite them not having accreditation cards.

4.1.5. AVAP’S MOBILE MONITORINGAVAP established mobile monitoring teams in all the seventy two (72) districts comprising of National Secretariat, Provincial Coordinators, District Coordinators and Constituency Coordinators. The key role of mobile monitors was to ensure that voters were not harassed, interfered, corrupted or intimidated on their way to polling stations. It has always been a trend among political parties of confusing the voters through vote buying and campaigns. Therefore, Mobile Monitoring helped to check on the progress and problems incurred by electoral officials and monitors at various polling stations for quick solutions both at district, provincial and National levels where possible.The Mobile Monitors also helped to ensure that stationed monitors who were denied entry into polling stations by presiding officers due to various reasons were negotiated for entry. One common problem which mobile monitors intervened was that of negotiating for the majority. Unaccredited monitors to be given entry by presiding officers in their assigned polling stations.

4.1.6. CHALLENGES FACED BY AVAPi) The accreditation of election monitors by Electoral Commission of Zambia (ECZ) was cumbersome because the recruited staff could not contain the pressure of work. Thus a lot of monitors were not accredited despite forwarding the names on time.History has continued to repeat itself at the Commission because the same concerns that monitoring organisations raised in 2006 Elections continued even during the 2008 Presidential Elections, the accreditation cards issued had a lot of errors and some of them were repeatedly produced.ii) Some presiding officers were hostile and could not co-operate with AVAP monitors. Some of the monitors who had valid accreditation cards were denied entry to polling stations by presiding officers.iii) Some of the monitors especially district and constituency coordinators developedfatigue as they waited for results at the collation centres the whole night.iv) The lack of networks in some rural areas created breakdown of communication between mobile team and monitors at polling stations. The mobile teams had to cover long distances to check what was happening at certain polling stations. Some of the difficult areas where mobile teams include polling stations based in Islands, mountains, swamps, sandy and valley areas.v) Transport was one of the biggest challenges during the Election Monitoring, especially to areas that used water transport such as Chilubi Island, Kilwa Island, Lukanga Swamps, Bangweulu, Machamvwa Lake Shore in Siavonga and in national parks such as Sumbu and Mfuwe.

CHAPTER 55.0. ELECTORAL RELATED PACTS AND ENDORSEMENTS5.1.0. ROLE OF CHIEFSBy law, chiefs are traditional leaders who are not supposed to take sides in politics, but in 2008 Presidential Elections, some paramount, senior and ordinary chiefs took their positive stance to support political candidates of their choice. AVAP condemned the decision because it was tantamount to divisions in the chiefdoms.On 20th September 2008, the Paramount chief Chitimukulu of the Bemba in Northern Province announced his support for Mr. Rupiah Banda. This was mentioned during the Ukusefya Pa Ng’wena traditional ceremony in a speech read for him by his chairman, Mr. Bwalya Chiti.In Southern Province, chiefs resolved to support Rupiah Banda. This was mentioned by Southern Province Royal Establishment Foundation Chairman, Chief Bright Nalubamba on 28th September 2008 during the council meeting in Choma.Other chiefs in Southern Province who announced their support for Rupiah Banda were Chief Mwanachingwala, Chief Hanjalika, Chief Mukuni and Chieftiness Mwenda.The Paramount Chief Mpezeni of the Ngoni in Eastern Province endorsed to support Rupiah Banda as the President of Zambia for 30th October polls. He was followed by Chief Ndake and Chief Nyampande of Petauke.Other chiefs that endorsed Rupiah Banda were Senior Chief Mboroma of Serenje/Mukushi followed by Chief Shaibila, Chief Mulungwe, Chief Kanyausha Chief Kaundula, Chief Mailo, Chief Kabamba and Chief Muchinka.Senior Chief Ishindi of Zambezi in North Western Province also endorsed support of Rupiah Banda as well as Chief Kopa of the Bisa in Luapula Province.5.1.1. POLITICAL PARTIESThere were a lot of endorsements from the cross section of Zambia Society towards the 30th October Presidential Elections, political parties, the church and other stakeholders pronounced their preferred candidates especially those that support Rupiah Banda.Apart from the opposition political parties that declared interest to contest the presidential Elections on 30th October 2008 namely Patriotic Front (PF), United Party for National Development (UPND) and Heritage Party (HP), other opposition political parties endorsed Rupiah Banda as their preferred candidate for the polls.National Democratic Forum (NDF) President, Benjamin Mwila indicated that he was not contesting the elections but to support the MMD candidate as earlier indicated in 2006 elections. United National Independent Party (UNIP) Central Committee unanimously endorsed Mr. Rupiah Banda’s candidature. The All People’s Congress Party (APC) President Mr. Ken Ngondo indicated his party’s support for Mr. Rupiah Banda.The Reformed Party (RP) of pastor Nevers Sekwila Mumba which dissolved on 16th February 2007 through their secretary General, Mr. Newstead Nyirongo urged his party members to support acting president Mr. Rupiah Banda. Other opposition political parties that joined the endorsement of Rupiah Banda’s candidature were Forum for Democracy and Development (FDD) headed by Edith Nawakwi., United Liberal Party (ULP) headed by Sakwiba Sikota, National Democratic Party (NDP) headed by Tentani Mwanza and his New Generation Party (NGP) headed by Humphrey Siulapwa.The National Revolutionary Party (NRP) President, Mr. Cosmo Mumba also endorsed the candidature of Rupiah Banda although there were allegations by his former Secretary General, Mr. James Lukuku that the President of the National Revolutionary Party (NRP) Mr. Cosmo Mumba was given fifteen million kwacha (K15, 000,000) to endorse Rupiah Banda. However, Mr. Cosmo Mumba refuted the claims as there was no proof to justify the allegations.

5.1.2. CHURCHES / OTHER INSTITUTIONSThere were many other organisations and institutions that subscribed to the endorsement of Rupiah Banda’s candidature towards the 30th October elections. The Christian Coalition Church, the National Chairperson, Mr. Charles Mwape announced their support in the spirit of continuity of economic performance.The Zambia United Christian Action (ZUCA) leaders, John Jere, Peter Mulenga and Kalaluka Mukwati endorsed Rupiah Banda for the continuity on the fight against corruption, national building and the constitution making process as well as to uphold the declaration of Zambia as a Christian Nation.Other institutions that pledged their support for Rupiah Banda were; National Resource Development College (NRDC) Students Union, Zambia National Marketeers Association(ZANAMA), Forum for Leadership Search, National Institute for Citizens Awareness (NICA), Solwezi Trades Training Institute, Students Union and Copperbelt Council of Chiefs.5.1.3. FIRST AND SECOND FORMER PRESIDENTSEminent persons and individuals also showed their interest to support the MMD through Acting President Rupiah Banda. The former Presidents, Dr. Kenneth Kaunda and Dr. Fredrick Chiluba indicated their support for Rupiah Banda.5.1.4. Prominent individuals The others include; Ms. Vera Tembo, Mrs. Maureen Mwanawasa, Dr. Nevers Mumba, Mr. Enock Kavindele, Mr. Vernon Mwanga, Mr. Kalusha Bwalya, Dr. Saviour Chishimba of Patriotic Front (PF), Mr. Timothy Nyirenda of United National Independence Party (UNIP), the Mwanawasa family, Mr. Gregory Chifire of Committee of Citizens and the Archbishop James Spaita of Kasama.

5.1.5. AVAP’S OBSERVATION OF THE ENDORSEMENTThe endorsement of Rupiah Banda by different section of society brought controversy in other areas. The controversy was as a result of lack of consultation among other members. In chiefdoms, where subjects did not agree with the decisions of their superiors created conflicts with the chiefdoms. In other areas, members of political parties complained that leaders of political parties were endorsing Mr. Rupiah Banda without wider consultation of members.

CHAPTER 99.0. ELECTION RESULTS

9.1.0. VOTE COUNTThe counting of ballot papers was done in polling stations shortly after 18:00hrs. AVAP received reports from most of its monitors that the counting process was done in a transparent manner and in full view of party agents and monitors. However, there was a wide spread problem of counting ballot papers under inadequate light in some polling stations such as; New Kanyama Basic School, Mulongoti Basic School and other dotted polling stations countrywide. AVAP monitors confirmed that even though there wasn’t enough light in some polling stations, most presiding officers performed professionally and were able to announce and stick the election results to the walls for public consumption.

9.1.1. VOTE COLLATIONCollation of results from polling stations in a given constituency was done at the central place called Collation Centre. AVAP noted that there was much improvement in transmitting results to collation centres except for few polling stations situated in Islands and the remotest areas of the country.

9.1.2. TRANSMISSION OF ELECTION RESULTS TO THE NATIONAL RESULTS CENTREThe transmission of results from various districts to the National Result Centre at Mulungushi International Conference Centre in Lusaka was timely suit except for Western Province - Kalabo and Shangombo.In Sikongo District, the polling stations whose election results were delayed because of late voting which took place on 31st October and 1st November respectively were Sinyanganya Basic School, Katelwa Basic School and Sinyanganya Village (tent). In Sinjembela Constituency, the polling station whose results were delayed were …………………………………………..Despite having the election results transmitted timely to the National Results Centre, AVAP wondered whether party agents and election monitors witnessed and verified the faxing of the results.

9.1.3. ANNOUNCEMENT OF ELECTION RESULTSThe announcement of the 2008 Presidential Elections results were made by the Chairperson of the Electoral Commission of Zambia (ECZ) Justice Florence Mumba. The Electoral Commission of Zambia published an announcement schedule for the 31st Election Results as indicated below:-Session 1 - 08:00hrsSession 2 - 12:30hrsSession 3 - 16:00hrsSession 4 - 20:00hrsSession 5 - 24:00hrsThe Commission adhered to Article 74(1) of the Electoral Act, 2006 which states that “the Commission shall determine and declare the results of an election by adding together the results received from all polling stations.” Furthermore, the Commission advised all party agents, election observers and monitors and other interest groups to put in written any grievances noted to do with election results announcement. Earlier, Patriotic Front (PF) had indicated that the announcement of the results be suspended because there were several irregularities observed, but ECZ Chairperson Florence Mumba went ahead to handover the results to the Chief Justice Earnest Sakala to declare Rupiah Banda the winner and subsequently swear him because he got the highest votes than any candidate

.9.1.4. SUMMARY OF ELECTION RESULTSNo.DetailsPolitical PartyVotes ObtainedVotes %1.Rupiah B. BandaMMD718,35940.092.Michael C. SataPF683,15038.133.Hakainde HichilemaUPND353,01819.704.Godfrey K. MiyandaHP13,6830.765.Valid Votes cast1,768,21098.686.Rejected Ballots23,5961.32Total Votes Cast1,791,8061009.1.5. STATISTICS ON VOTERS TURNOUTDETAILS200120062008Registered Voters2,643,0103,941,2293,944,135Votes Cast1,766,3562,789,1141,791,806Voter Turnout %67.8%70.77%45.43%Valid Votes1,737,9402,740,1781,768,210Rejected Votes28,40848,93623,596Rejected Votes %1.6%1.75%1.32%Constituencies to Rate1501501502006 AND 2008 REGISTERED VOTERS CONTRASTYearRegistered Voters20063,941,22920083,944,135Difference2,906VOTER REGISTER CONTRASTWRITE SOMMETHING9.1.6. SWEARING CEREMONYThe swearing in of the president elect, Mr. Rupiah Banda was on 2nd November 2008 at Parliament building. The Inauguration was done by the Chief Justice Ernest Sakala. The losing candidates Mr. Michael Sata, Mr. Hakainde Hichilema and Godfrey Miyanda did not attend the inauguration ceremony.The swearing in ceremony was witnessed by other heads of states and diplomats. The heads of other countries that attended ceremony included; Robert Mugabe of Zimbabwe, Armando Guebuza of Mozambique, Joseph Kabila of Democratic Republic of Congo (DRC), Ian Khama of Botswana, Motlanthe of South Africa and Jakaya Kikwete of Tanzania.AVAP observed that, the inauguration was speedy and did not provide any room to address contentious issues that opposition political parties raised.NDOLA CENTRAL PARLIAMENTARY BY ELECTION RESULTSCHAPTER 7
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