The Local Government derives its mandate and functions from the Constitution of the Republic

of Zambia. Meaning that as the local government functions its functions are constitutional and it
is from such a piece of legislation that gives them the authority.

The Constitution of Zambia (Amendment) No. 2 of 2016 is not silent in its provisions on how the
local government is set, its officers elected, how it should be run and how its affairs are
managed. In this essay we are going to examine constitutional provisions provided for in the
2016 Amendment of the Constitution on areas of local government. The same essay is going to
discuss on the powers that the constitution has bestowed on such local authority and its
limitations.

ADMINISTRATION

The local government will function mainly in the administration of the political, social, legal and
economic affairs of the State and that is going to be made possible through a system called
devolution1. This a legal transfer of power from the national government level to a local
government level.

However it should be noted that the national government will not in any way interfere with the
operations of the local government in their entire constitutional mandate therefore making the
local government autonomous2.

In the performance of its duties the local government should not be oblivious of the fact that they
are different levels of government and there are principles to be adhered to in such. These
principles include good governance, through democratic, effective and coherent governance
systems and institutions; respect for the constitutional jurisdiction of each level of government;
autonomy of the substructures and equitable distribution and application of national resources to
the substructures3.

1
Article 147 (1)

2
Article 147 (2)

3
Article 147 (3)
It is worthwhile to note that the local government shall function through substructures which will
be fully funded by the Government so that it performs its functions as mandated4.

ELECTIONS AND OFFICE TENURE

Articles 153 and 154 are the ones exclusively devoted for the elections of the Local government
officers. In particular the election of the mayor, council chairperson and the councilors these
elections are done on a first-past-the-post system 5. The local authority shall be divided in wards
and in each ward that’s where the councilor will be elected to represent such a ward by the
people in the respective ward6. Article 52 (1) clearly states that the candidate shall file the
nomination papers to a returning officer and the papers should be supported by an affidavit
stating that the candidate is qualified to such nominations of being a councilor in the manner,
date, time and place set by the Electoral Commission.

The returning officer after such filling of papers has the power to reject the nomination papers if
the candidate does not meet the qualifications or procedural requirements specified for election
of that office7.

The electoral Commission shall publish the information contained in the nomination papers and
affidavit and any person has a right to challenge the nomination of a candidate before a court or
tribunal within seven days of the close such nomination and the court shall hear the case within
twenty-one days of receipt of such a challenge 8. When a candidate who had filed his papers for
nomination dies, resigns or is disqualified by a court for corruption or malpractice, after the close
of the nominations and before the election date, the Electoral Commission shall cancel the
election and require the filing of fresh nominations by eligible candidates and then the elections
shall be held within thirty days of the filing of such fresh nominations9.

4
Article 148

5
Article 47(3)

6
Article 58(1)

7
Article 52(2)

8
Article 52(3)(4)

9
Article 52(6)
Where one candidate is nominated for the elections as a councilor by the date and time as
prescribed by the Electoral Commission for receiving nominations and at the close of the
nomination period, then the candidate shall be declared duly elected but a person can challenge
such a declaration within seven days of such through a prescribed manner and such a process
should be completed thirty days before a general election10.

When a councilor loses an election he is not eligible for appointment as a minister or provincial
minister during the term of that National Assembly11. When a vacancy arises a councilor’s office
or council chairperson a by-election shall be held within ninety days of the occurrence of such a
vacancy and the election shall be held within one hundred and eighty day period that precedes a
general election12.

Article 153 (4) is very specific in prescribing the manner of a person who is eligible for the
office of a councilor. The person should be at least nineteen years of age, should not be a
member of parliament. In addition to that he should have obtained a grade twelve certificate or
its equivalent. He should also be a citizen of Zambia or a holder of a resident permit and should
be resident in the respective district he intends to contest as a councilor and should have a
certificate of clearance confirming that he is up to date in paying all relevant and applicable
council taxes.

Every council in Zambia shall have a mayor, deputy mayor, council chairperson and deputy
council chairperson which shall be elected in accordance with Article 47(3) for a term of office
for five years and can be re-elected for a further term of five years but a deputy major and a
deputy council chairperson shall be elected by the councilors from amongst themselves13.

When a council is dissolved then automatically a councilor vacates his office 14 because there
can’t be a councilor without a council. The existence of the councilor is wholly depended on the
existence of a council. A councilor’s office can be vacant when a councilor seizes to be a
10
Article 53

11
Article 55

12
Article 57

13
Article 154

14
Article 157(1)
resident of the district or when a councilor resigns by giving the one month’s notice or when he
is disqualified for election under article 153 or when such elections were nullified by a local
government tribunal put in place by article 159 or when a councilor acts in violation or in
contrary with the code of ethics provided for in Article 155 or when a councilor has become
incapable of performing his duties due to a physical or mental disability or when he dies, but if
he resigns he will not be eligible for re-election as councilor for the duration of the term of that
council15.

When a person is elected during a by-election he shall serve the remaining or unexpired term of
council and can be deemed to have served a full term if at the date he assumed office three years
remained before the next general election and if it is less than that then he will not be deemed to
have served a full term16.

Where a vacancy occurs in the office of a mayor, council chairperson or councilor, a Town Clerk
or Council Secretary of the local authority shall within seven days of such an occurrence inform
the Electoral Commission in writing of the vacancy and a by-election be held in accordance with
article 5717.

FUNDING

A local government should have a sound funding to make sure that they manage their operations
and activities. So the local authority has powers to levy, impose, recover and retain local taxes,
as prescribed18. There shall be established a Local Government Equalization Fund19.

This Local Government Equalization Fund is responsible for the disbursement of funds to local
government after the money has been appropriated by the parliament through the ministry
responsible for financing the local authorities 20. In addition to that, the government can provide

15
Article 157(2)(3)

16
Article 158(2)

17
Article 158(1)

18
Article 161

19
Article 163(1)

20
Article 163(2)
funds and grants according to the needs of the local authorities on top of the funds being
disbursed by the Local Government Equalization fund21.

LEGAL LIABILITY OF THE LOCAL GOVERNMENT

When a local government is sued and the other party obtains a judgment against it then such a
judgment can only be enforced after a period of a year from the date of delivery of the same
judgment22. This article shows that the local government can be sued and the judgment is truly
enforceable but the time period is the one to be noted and managed.

SYSTEMS OF LOCAL GOVERNMENT AND ITS SERVICE COMMISSION

The local government in its operation has a system of formalized operations and these systems
are codified on article 151. Among the systems the local government the local authorities are
given powers to manage and administer their own affairs and to form partnerships, networks and
associations to assist in the management of their districts and further development in such
respective districts23. Such partnerships include service delivery like making of roads, pothole
filling and even refuse collection among others.

Each local authority shall be staffed by having Town Clerk or Council Secretary and other staff 24
for the smoothflow of work in the local authority and these positions shall be filled inaccordance
with the constitution. The offices said above and all the office bearers of the local authority shall
fall under the Local Government Service25.

The Local Government Service which was established in the article above is stuffed and
administered by the Local Government Service Commission in that they are the ones that ensure
that the local authorities are functioning well and they also appoint, confirm, promote and hear
appeals from the Local Government Service26
21
Article 163(3)

22
Article 160

23
Article 151(1j)

24
Article 152(4)

25
Article 227

26
Article 228
BIBLIOGRAPHY

Statues

The Constitution of Zambia (Amendment) No. 2 of 2016