42
No. 2 of 2016] Constitution of Zambia (Amendment)
Disqualification for
run-off
102.
(1) If a presidential candidate—
(a) resigns for a reason other than health;
(b) becomes disqualified as specified in Article 100; or
(c) is disqualified by a decision of the Constitutional Court in
accordance with Article 101;
the presidential candidate shall not take part in the second ballot
and the candidate who scored the third highest number of valid
votes cast in the initial ballot shall be a presidential candidate in the
second ballot, together with the remaining presidential candidate
that had initially qualified for the second ballot.
(2) If a presidential candidate—
(a) dies; or
(b) resigns due to ill-health;
before the taking of a second ballot, the running mate to that
presidential candidate in the initial ballot shall assume the place of
that presidential candidate.
(3) The presidential candidate who assumed the place of the
previous presidential candidate in accordance with clause (2) shall
appoint a running mate.
(4) Where both presidential candidates—
(a) resign;
(b) become disqualified under Article 100;
(c) become disqualified by a decision of the Constitutional
Court under Article 101; or
(d) die;
before the taking of the second ballot, fresh nominations shall be
filed with the Electoral Commission, as prescribed.
Election
petition
103. (1) A person may, within seven days of the declaration
of a President-elect, petition the Constitutional Court to nullify the
election of the President-elect on the ground that—
(a) the person was not validly elected; or
(b) a provision of this Constitution or other law relating to
presidential elections was not complied with.
(2) The Constitutional Court shall hear an election petition
relating to the President-elect within fourteen days of the filing of
the petition.