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Guidelines On The Establishment of Ward Development Committees

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Guidelines On The Establishment of Ward Development Committees

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hambambamuzala
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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REPUBLIC OF ZAMBIA

MINISTRY OF LOCAL GOVERNMENT AND RURAL DEVELOPMENT

GUIDELINES ON THE ESTABLISHMENT,


MANAGEMENT AND OPERATION OF WARD
DEVELOPMENT COMMITTEES

2021
FOREWORD

The Government of the Republic of Zambia is committed to actualising a devolved system of


governance as prescribed in the Constitution (Amendment) Act No. 2 of 2016. Article 147 of the
Constitution provides that the management and administration of the political, social, legal and
economic affairs of the State shall be devolved from the National Government level to the Local
Government level. Further, Article 148 establishes that local governance shall be undertaken
through sub-structures as platforms for citizen participation in decision making and development
process at the local level. In affirming the provisions of the Constitution, Part V of the Local
Government Act No. 2 of 2019, provides for the establishment of Ward Development
Committees.

The Guidelines on the Establishment, Management and Operations of Ward Development


Committees (WDCs), therefore, provide a significant demonstration of Government’s assurance
towards the implementation of Constitutional provisions on Decentralisation. The guidelines also
provide linkages among the Ward Development Committee, the Local Authorities and other
existing sub-structures at the local level.

I, therefore, wish to appeal and urge all stakeholders to utilise these Guidelines and ensure that
developmental processes at the Sub-district level are in tandem with Government’s aspirations to
actualise decentralisation for sustained local level development.

Hon. Gary Nkombo, MP


MINISTER OF LOCAL GOVERNMENT AND RURAL DEVELOPMENT

Page | I
ACRONYMS

AIDS Acquired Immuno-Deficiency Syndrome


CBO Community Based Organisation
CDF Constituency Development Fund
CSO Civil Society Organisation
DDCC District Development Coordinating Committee
DP Director of Planning
DPO District Planning Officer
DPU District Planning Unit
FBO Faith Based Organisation
HIV Human Immuno-Deficiency Virus
MLGRD Ministry of Local Government and Rural Development
MP Member of Parliament
NDP National Decentralisation Policy
NGO Non-Governmental Organisation
NRC National Registration Card
PD Polling District
WDCs Ward Development Committees
WDEC Ward Development Executive Committee
WDS-C Ward Development Sub-Committee

Page | II
WORKING DEFINITIONS

In these Guidelines, unless the context otherwise requires:-

Accreditation Means authority or certification granted by the Local Authority to an


individual/organisation to observe or monitor Polling Station or
Totalling Centre.
By- election Means an election that is held when a vacancy occurs in the office of a
Zonal Representative.
Candidate A person contesting for the ward development committee membership.
Candidate Nomination A formal process of validating a candidate to contest a zonal election
Chairperson A person in charge of a meeting.

Committee Includes the WDC, WDEC and Sub-Committee.


Council Refers to City Council, Municipal Council, or Town Council.
Co-ordinator A person who organizes the different parts of an activity and the people
involved in it so that it works well.

District An administrative Unit of a Province.


Dissolution Refers to an act or process of disbanding the Committee.
Election A formal process of choosing by voting a person or a group of people
for positions in the Committee.

Election Monitoring Refers to information gathering and on site fact finding of an electoral
process for the purpose of making informed decisions.

Ex – officio A person appointed as a member by virtue of office.

Independent Appeal Means the committee appointed by the Local Authority to handle
Committee appeals from an aggrieved person on a decision made by the WDC.

Local Authority Means a Council and its secretariat consisting of persons appointed by
the Local Government Service Commission.

Member Refers to a Member of a Committee.

Meeting Means a physical or virtual gathering of members.


Partisan Politics Means being actively involved in a particular political party’s
activities.
Principal Officer Refers to the Town Clerk or the Council Secretary, including a person
for time being discharging the functions of their Office.

Polling District The smallest segment into which the country is divided for the
purposes of voting in an election.

Poll Staff Persons appointed by the Local Authority to conduct elections at a


polling station.
Page | III
Polling Station A gazetted venue in a polling district where voters cast their ballot
during an election.

Register of voters The Register of Voters prepared and certified by relevant Authorities.

Presiding Officer An officer appointed by the Principal Officer to be in charge of


conducting elections.

Sub-structure Includes a district, ward and village.

Sub-National level An administrative division of Government at Provincial or District


level.

Trustee A Government officer residing within the Ward appointed by the


Council for purposes of being a caretaker of a WDC and its assets in
the event of a WDC dissolution.

Uniformed Staff Security personnel appointed to maintain law and order in and around a
nomination centre, polling station and/or totalling/collation centre.

Voter A person who is registered as a voter and whose name appears in the
Voter Register.

Ward A unit into which a district is divided for purposes of electing


councillors.

Ward Councillor Means an elected member of the Council.


Ward Development A body comprising of part time members appointed by the Town Clerk
Committee or Council Secretary for each ward in an area of a Local Authority.

Ward Development A body of members elected from among the WDC to manage the
Executive Committee operations of the WDC.

Zone Refers to the geographical extent of the ‘Polling Districts’.

Zonal Assembly A platform where zonal representatives meet the community to discuss
development needs, opportunities and activities in a zone.

Page | IV
TABLE OF CONTENTS

FOREWORD ................................................................................................................................................. I
ACRONYMS ............................................................................................................................................... II
WORKING DEFINITIONS ....................................................................................................................... III
TABLE OF CONTENTS ............................................................................................................................. V
PART I: GENERAL INFORMATION ........................................................................................................ 1
PART II: ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE COMMITTEES .............. 2
PART III: CONDUCT OF COMMITTEE MEETINGS ............................................................................. 9
PART IV: TENURE OF OFFICE AND DISSOLUTION OF WDC ....................................................... 111
PART V: ZONAL ELECTIONS .............................................................................................................. 133
PART VI: DISCIPLINARY MATTERS, OFFENCES AND PENALTIES ............................................ 166
PART VII: FINANCING OPERATIONS OF WDC AND MANAGEMENT OF FUNDS……………...18
PART VIII: RELATIONSHIP WITH OTHER INSTITUTIONS, REPORTING ARRANGEMENTS,
MONITORING AND EVALUATION ................................................................................................... 19
APPENDICES ............................................................................................................................................ 22

Page | V
PART I
GENERAL INFORMATION

1.1 Introduction
These guidelines provide guidance on the establishment, management and operation of the Ward
Development Committees (WDCs) and shall be used as a reference document at National,
Provincial, District and Sub District levels. Users include stakeholders who work directly or
indirectly with the WDCs. Specifically, the guidelines are aimed at outlining:
i. The process of establishing WDCs;
ii. The composition or membership of the WDCs; and
iii. The relationship between WDCs and the Local Authorities and other institutions at the
local level.

1.2 Aims of the Ward Development Committees


The aims of the WDCs are to:
i. Create a link between communities and the Local Authorities.
ii. Ensure that the residents in the Ward have an input in decisions made by the Council.
iii. Stimulate and coordinate initiatives for the improvement of the environment and the
livelihood of the residents.
iv. To help capture activities carried out in the ward by implementing partners.
v. Develop and maintain a register of all development projects by the Ward Development
Committees and institutions (sector or otherwise) in the Ward.
vi. To provide a platform for stakeholders to operate independently with communities in
the ward without political interference.

1.3 Legal and Policy Framework


The Constitution of Zambia (Amendment) Act No. 2 of 2016 provides for a devolved system of
governance which facilitates community participation in decision making and development. The
National Decentralisation Policy (revised 2013) also emphasises the importance of community
participation in the development process. The policy and legal framework prescribe the sub-
national structures which are intended to formalise the participation of citizens in the
development process. At the sub-district level, the WDCs are established under section 36 of the
Local Government Act No. 2 of 2019. The Act provides a legal platform for citizen participation.

Page | 1
PART II
ESTABLISHMENT, COMPOSITION AND
FUNCTIONS OF COMMITTEES

2.1 THE WARD DEVELOPMENT COMMITTEE


2.1.1 Establishment
The Town Clerk or Council Secretary (Principal Officer), as the case may be, shall be
responsible for the establishment of WDCs in the jurisdiction of a local authority. In undertaking
this responsibility, a team of facilitators may be appointed from departments in the local
authority and other Government institutions.
The Secretariat shall be drawn from the Planning Department or Unit, as the case may be, and
shall coordinate the establishment of the WDCs.

2.1.2 Composition
The composition of the WDCs shall comprise the following part time members:
i. An elected zonal representative from each zone;
ii. Extension officers from the departments responsible for agriculture, fisheries and
livestock, education, health, community development or economic sectors appointed
based on the economic activity pre-dominant in a ward as determined by the Local
Authority (ex-officios and nominated representatives);
iii. A representative from a local non-governmental organisation in a ward (nominated
representative);
iv. A representative of the Zambia Agency for Persons with Disabilities (nominated
representative);
v. A representative from a marginalised group (nominated representative);
vi. A representative of the Chief in the ward (nominated representative);
vii. Ward Councillor (nominated representative);
viii. A trustee from the Local Authority (ex officio);
ix. A youth, sports and recreation focal point person (ex officio and nominated
representative); and
x. A gender focal point person (ex officio).

Page | 2
A Ward Development Committee may invite a person to attend and participate in the
deliberation of a meeting. However, that person shall have no voting rights.
The Committee may invite officials from the Local Authority through the Town Clerk or Council
Secretary, as the case may be, to make a presentation on any developmental issue.

2.1.3 Functions of the Ward Development Committee


The functions of a Ward Development Committee are to:
i. Prepare annual Ward Development Plans;
ii. Collect revenue, levies and fees on behalf of a Local Authority on appointment by
resolution of the Council;
iii. Monitor and evaluate Ward development projects;
iv. Promote community engagement in Ward development Planning;
v. Formulate and submit a project list and budget proposals to the Constituency
Development Fund (CDF) Committee in the first quarter of every year preceding the year
in which a project is proposed to be implemented;
vi. Support research on an area of study for the advancement of the local community;
vii. Facilitate the identification of potential areas of investment and promote sustainable local
economic development;
viii. Promote and participate in the co-management of natural and trans-boundary resources
between or among wards;
ix. Provide a forum for dialogue and coordination on Ward development issues;
x. Identify areas for capacity building within the ward;
xi. Promote and encourage village regrouping and urban renewal activities;
xii. Identify in the ward, and submit to the Local Authority, potential areas of revenue
sources likely to broaden the revenue base of the Local Authority;
xiii. Prudently manage resources allocated to the ward by the Local Authority in line with
principles of public financial management;
xiv. Manage and keep a record of resources allocated to the Ward Development Committee;
xv. Prepare quarterly reports on developmental activities within the ward to the appropriate
committee of the Local Authority;
xvi. Develop and maintain a ward based database as guided by the Local Authority; and
xvii. Execute other functions as delegated by the Local Authority excluding delegated Central
Government functions to Local Authorities.

Page | 3
2.1.4 Functions of the Councillor and Ex-officios
Tabulated below are the specific roles and responsibilities of the Councillor, Ex-officios, and
Chief’s representative.
S/No. Position Roles/Responsibilities
01. Ward Councillor  Provide feedback to WDC on issues presented to the Council
 Represent interests of the Ward in the Council
 Raise and present motions from the Ward in the Council
02. Ex-officios  Provide sectoral policy guidance
 Lobby for support from stakeholders on developmental issues
related to WDC operations
 Advocate for developmental issues on behalf of the WDC
 Provide technical advice to the WDC
 Provide technical assistance whenever required to the
Committee
03. Chief’s  Provide cultural and traditional advice
representative  Lobby and advocate for support from stakeholders on
developmental issues

2.2 THE WARD DEVELOPMENT EXECUTIVE COMMITTEE (WDEC)


A Ward Development Executive Committee shall be the executive arm of a Ward Development
Committee.

2.2.1 Establishment and Composition of the WDEC


At the first ordinary meeting of the WDC, before proceeding to any other business, members
shall elect the WDEC from among themselves.
The composition of the WDECs shall be the following part time members:
i. Chairperson, elected from among the elected members from zones; (Chairperson
excludes ex-officios, a Ward Councillor and nominated members)
ii. Vice Chairperson, elected by the members from among themselves; (Vice
Chairperson includes ex officio, a Ward Councillor and nominated members)
iii. Secretary;
iv. Treasurer; and
v. Four Committee Members.
The composition of the WDEC should be gender sensitive. At the meeting of electing the
Chairperson, Vice Chairperson, Secretary, Treasurer and four Committee Members, a member
shall propose the motion of electing a member to a proposed position. A member shall second a
motion proposing the election of a member to a proposed position.
In an event that a counter proposal is raised and duly seconded, members shall vote by way of
secret ballot or show of hands. The candidate with the highest votes shall be deemed elected into
Page | 4
a respective position. Where the Chairperson is absent, the Vice Chairperson shall preside over
the meeting and where both are absent the members present shall elect among themselves a
Chairperson to preside over that particular meeting.

2.2.3 Functions of the WDEC


Tabulated below are the specific roles and responsibilities of the members of the WDEC.
S/No Position Roles/Responsibilities
01. Chairperson i. Convene Meetings;
ii. Set date, time and place of meeting;
iii. Prepare agenda for meeting with the Secretary;
iv. Preside over meetings;
v. Guide deliberations of the meeting;
vi. Submits approved WDC quarterly reports to the Council through
the Department of Planning;
vii. Ensure that decisions made in meetings are implemented by the
respective members;
viii. Assign tasks to members of the committee as the case may be;
ix. Shall be the spokesperson for the WDC; and
x. Perform any other roles or responsibilities incidental or connected
to the office.
0.2 Secretary i. Prepare minutes of the meeting and reports;
ii. Keep records of all WDC’s correspondence;
iii. Publicise WDC meetings and activities;
iv. Facilitate the preparation of the calendar of meetings;
v. Send minutes and notice of meeting in accordance with the
calendar;
vi. Maintain the register of members;
vii. Participate and contribute during meetings;
viii. Receives, respond and send correspondence on behalf of WDEC;
ix. Coordinate and facilitate receipt and submission of quarterly
reports; and
x. Perform any other roles or responsibilities incidental or connected
to the office.
03. Treasurer i. Custodian of finances and Books of Accounts for the WDC;
ii. Maintain WDC Books of Accounts;
iii. Prepare and update financial records and asset register;
iv. Spearhead resource mobilisation efforts of WDC;
v. Participate and contribute during meetings;
vi. Advice WDC on financial matters; and
vii. Perform any other roles or responsibilities incidental or connected
to the office.
04. Committee i. Work with/support the Chairperson, Secretary and Treasurer on
Members specific assignments of the WDC;
ii. Perform tasks as may be assigned by the WDC or Chairperson;
iii. Perform all functions in good faith without fear or favour; and
iv. Perform any other roles or responsibilities incidental or connected
to the office.

Page | 5
2.3 THE WARD DEVELOPMENT SUB-COMMITTEE (WDS-C)
2.3.1 Establishment of the WDS-C
The WDC may, from among its members, appoint Sub-Committees for the purpose of examining
and reporting on any matter. The following Sub-Committees may be appointed among others:
i. Finance and Planning Sub-Committee;
ii. Infrastructure Development Sub-Committee; and
iii. Socio-Economic Sub-Committee.

2.3.2 Composition of the WDS-C


The composition of the WDS-C shall be guided by the following:
i. A Sub-Committee shall not have more than five appointed members;
ii. Every Sub-Committee at its first meeting before proceeding to any other business shall
elect the Chairperson and Secretary from among members of the Sub-Committee;
iii. The composition of the Sub-committee should be gender sensitive;
iv. At the meeting of electing the Chairperson and Secretary a member shall propose the
motion of electing a member to a proposed position;
v. A member shall second a motion proposing the election of a member to a proposed
position;
vi. In an event that a counter proposal is raised and duly seconded, members shall vote by
way of secret ballot or show of hands. The candidate with the highest votes shall be
deemed elected into that respective position;
vii. Where the Chairperson is absent, members present shall elect among themselves a
Chairperson to preside over that particular meeting; and
viii. The Chairperson of the WDC may be an ex-officio member of a Sub-Committee.

2.3.3 Functions of Sub-Committees


a. Finance and Planning Sub-Committee
The functions of the Finance and Planning Sub-Committee shall be to-
i. Facilitate preparation of the budget for the Ward;
ii. Promote and attract investment in the Ward;
iii. Ensure that Books of Accounts are maintained;
iv. Assist the Council identify sources of revenue and collect local taxes;
v. Monitor the utilisation of financial resources in the Ward;
vi. Prepare and submit reports to the WDEC;

Page | 6
vii. Identify and prepare a proposed project list for submission to the WDC,
(including project proposals to be funded by the Constituency Development Fund
(CDF) and the Local Authority;
viii. Ensure that resources (logistical and financial) are managed in line with the Public
Finance Management Act, No. 1 of 2018;
ix. Oversee maintenance of asset register which must be updated quarterly and
ensure that the use of such property shall be strictly for purposes related to the
operations of the Committee;
x. Formulate and implement annual work plan and budget in line with the financial
year;
xi. Prepare and submit quarterly reports to the WDC;
xii. Monitor developmental activities of all institutions operating in the Ward;
xiii. Identify capacity gaps and train the local community to undertake its own
monitoring and evaluation;
xiv. Provide information and advisory services arising from its M&E processes to its
structures and stakeholders;
xv. Develop and maintain a Ward based database as guided by the Local Authority;
xvi. Review plans for the development of the Ward; and
xvii. Perform any other function as delegated by the WDC.

b. Infrastructure Development Sub-Committee


The functions of the infrastructure development Sub-Committee shall be to -
i. Ensure maintenance of existing infrastructure;
ii. Plan and facilitate the implementation of new infrastructure development;
iii. Facilitate the mobilisation of community members to meet up-front contributions towards
project implementation;
iv. Monitor projects in order to ensure quality and value for money;
v. Promote the orderly development of the physical environment and adhere to the spatial
development framework;
vi. Prepare and submit reports to the WDEC; and
vii. Perform any other function as delegated by the WDC.

c. Socio-Economic Sub-Committee
The functions of the Socio-Economic Sub-Committee shall be to -

Page | 7
i. Appraise, harmonise and recommend appropriate socio–economic projects to be
undertaken;
ii. Ensure that cross-cutting issues are mainstreamed in all programmes and projects (i.e.
gender, environment, HIV&AIDS, governance and the differently abled);
iii. Ensure appropriate targeting of support to vulnerable groups i.e. orphans, the aged,
differently abled and the chronically ill and maintain register of vulnerable community
members;
iv. Liaise with stakeholders on matters related to development were necessary;
v. Prepare and submit reports to the WDEC; and
vi. Perform any other function as delegated by the WDC.

Page | 8
PART III
COMMITTEE MEETINGS

3.1 General Conduct of Meetings


The following shall be the procedure for conducting meetings of committees.

3.1.1 Notice of Meeting


A Notice for a meeting shall be issued to all members by the Secretary not less than seven (7)
days prior to the date of the meeting. A copy of the notice of a meeting shall be sent to the
Traditional Authority, Member of Parliament (MP), and the Town Clerk or Council Secretary as
the case may be. The notice of a meeting shall specify:
i. Agenda of the meeting;
ii. Venue of the meeting;
iii. Date and time of the meeting;
iv. Minutes of the previous meeting; and
v. Other relevant documents.

3.1.2 Quorum
i. A quorum of any ordinary meeting shall be half (1/2) of the members of the Committee;
ii. A quorum for a special meeting shall be two-thirds (2/3) of the members of the
Committee;
iii. No meeting shall be held where a quorum is not met; and
iv. A quorum must be maintained throughout the meeting.

3.1.3 Voting
Decision making shall be through the majority vote. In the event of an equality of votes, the
person presiding at the meeting shall have a deciding vote in addition to that person’s
deliberative vote.

3.2 TYPES OF MEETINGS


3.2.1 Ordinary Meetings
i. The WDC shall meet at least once every quarter of each financial year;
ii. The WDEC shall meet at least once a month;
iii. The WDS-C shall meet at least once in a quarter;

Page | 9
iv. Members of the public may attend Ordinary WDC Meetings as observers by invitation;
and
v. The meetings of the WDC must be widely publicised.

3.2.2 Special Meetings


i. The WDC may hold a Special Meeting subject to the approval of the Principal Officer;
ii. Two-thirds (2/3) of the WDC members may request the Chairperson to convene a Special
Meeting in writing;
iii. A Special Meeting may be convened upon request of the Chairperson with the approval
of the Principal Officer;
iv. The Chairperson shall within five working days from the date of approval convene a
Special Meeting;
v. In an event that the Chairperson fails to convene such a special meeting, the Principal
Officer shall direct the Chairperson to convene such a Special Meeting; and
vi. Where a Chairperson has been directed to convene a meeting and fails to do so, the
Principal Officer shall direct the Vice Chairperson or any other member of the
Committee to convene such a Special Meeting.

3.2.3 Zonal Assembly


i. The Zonal representatives shall convene quarterly meetings with the community;
ii. A zonal meeting shall be held a month before a WDC meeting;
iii. Prior to holding a WDC meeting, the Zonal representatives must convene a meeting to
discuss development issues affecting their area as presented by their communities and
prepare to present those issues to the WDC meeting. The purpose of a Zonal meeting
shall be to discuss the development needs, opportunities and activities in the Ward. The
Zonal Representatives shall be required to provide feedback to the community on
development issues discussed at every WDC meeting; and
iv. Posters, public address systems and other modes of communication may be used to
organize participatory community meetings for a Zone.

Page | 10
PART IV
TENURE OF OFFICE AND DISSOLUTION OF THE WDC

4.1 Tenure of Office


i. A member of the Ward Development Committee shall hold office for a term of two and a
half years and may be reappointed for one further term of two and a half years on terms
and conditions that may be specified in the instrument of appointment.
ii. On the expiration of the terms for which a member is appointed, the member shall
continue to hold office until another member is appointed, but in no case shall any
extension of the period exceed three months.
iii. The election of a Ward Development Committee shall be held within two months after
the general elections.

4.1.1 Vacancy
The office of a member of a Ward Development Committee shall be vacant if a member:
i. Dies;
ii. Is legally disqualified from discharging the functions of office;
iii. Is removed by the Council for misconduct;
iv. Resigns;
v. Ceases to be a resident of a Ward; and
vi. Other than a Councillor, engages in active politics.
Where a vacancy occurs in the office of an elected Ward Development Committee member, a
by-election shall be held.

4.2 Dissolution of Committees


The following are the guidelines for dissolution of the WDC and WDEC:

4.2.1 Dissolution of WDC


The tenure of a Ward Development Committee shall lapse on the dissolution of the National
Assembly. A Local Authority may dissolve a Ward Development Committee on:
i. The expiry of its tenure of office;
ii. A resolution of the council;
iii. The resignation of more than one third of its members; and
iv. A vote of no confidence cast by two thirds of the registered voters in the Ward.
Page | 11
A Local Authority may, subject to the approval of the Minister, suspend or dissolve a Ward
Development Committee.

4.2.2 Dissolution of WDEC


The WDC shall dissolve the WDEC in the following circumstances;
i. Upon resignation of more than one third of its members;
ii. Non-performance of the WDEC according to their roles and responsibilities;
iii. Proven mismanagement of finances through an audit report;
iv. Upon engagement in active partisan politics; and
v. If at least two thirds of the ordinary members in the WDC cast a vote of no confidence to
warrant its dissolution.

Page | 12
PART V
ZONAL ELECTIONS

5.1 Election of Zonal Representatives


Within two months after the general elections, Zonal elections shall be held in each Zone. Zonal
Representatives shall be elected at a Zonal Assembly, at a date and time set by the Local
Authority. Elections shall be conducted through a secret ballot based on a simple majority

5.1.1 Responsible Institution


The Local Authority shall be responsible for conducting Zonal elections including
registration of voters, provision of logistics and setting calendar of elections.
Notwithstanding the above, in conducting elections, the Local Authority may be assisted by
Cooperating Partners in providing any form of support.

5.1.2 Accreditation
All institutions and persons intending to observe or monitor the elections shall be required to
obtain accreditation from the Local Authority seven days before the poll day.

5.1.3 Eligibility of Zonal Representative


A person qualifies to be elected a Zonal Representative if that person:
i. Is a Zambian Citizen who has at least attained the age of 18;
ii. Has a Green National Registration Card or a Resident Permit in a case of a foreign
national; and
iii. Has been a resident for a particular Zone for a period not less than two years
regardless of their social status, race, creed, beliefs, or sex.

5.1.4 Eligibility to Vote


A person registered as a voter in the Zonal Voters’ Register may qualify to vote in Zonal
elections provided that such a person produces a valid National Registration Card on the polling
day. The information in the register should match the details on the National Registration Card of
the person intending to vote.

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5.1.5 Registration of Voters in the Zone
i. Registration of Voters shall take place immediately after the general elections and shall
end two (2) weeks before the Zonal elections;
ii. The Local Authority shall publicise the exercise of voter registration in the Zone
providing details on who qualifies to be registered as a voter, the venue of voter
registration, period and time for voter registration.

5.1.6 Zonal Voter Verification


i. The residents shall be allowed to verify their details in the Zonal Voters’ Register;
ii. After verification, the Zonal Voters’ Register shall be left open to the public for
inspection for two day after voters’ register verification; and
iii. The Principal Officer shall approve the Zonal Voters’ Register for use in the Zonal
election.

5.1.7 Nominations
i. Candidates wishing to contest for Zonal elections shall be required to fill in the
nomination form in their own handwriting.
ii. Nomination forms for candidates wishing to be elected as Zonal Representatives must be
filed one (1) week before the poll day.
iii. The candidates must be supported by five community members who are registered in the
Zonal Voter Register.
iv. The nomination forms shall be lodged with the Presiding Officer a week before the poll
day.
The format of the Zonal Voters Register and nomination form are provided at the appendices

5.1.8 Method of Voting


i. A Voter shall be provided with a ballot paper containing the names of the candidates;
ii. A ballot paper shall have names of all candidates participating in that election;
iii. A voter shall be required to mark against a name of their preferred candidate;
iv. A voter not able to place a mark on the ballot paper due to any incapacity, shall be
assisted by a relative, friend or an election staff.
v. At the close of the elections, the election staff shall open the ballot box and begin the
counting process immediately.
vi. The counting of the cast ballot papers shall be done by way of tallying the votes cast for
each candidate.
Page | 14
vii. Accredited monitors and observers present shall be allowed to witness the counting.
viii. A ballot paper shall be considered valid if it meets the following criteria;
a) It is correctly marked with a cross;
b) The mark is other than a cross but choice of voter is clear; and
c) The voter makes any mark in a single line indicating their choice.
ix. A ballot paper shall be rejected if;
a) Marked on more than one candidate;
b) Not marked; and
c) Not clear for whom the voter has chosen.
x. Announcement of result shall be made by the Presiding Officer.
xi. The candidate with most votes shall be declared a zonal representative.
xii. In an event of an equality of vote, the Presiding Officer shall cut two identical papers and
ask an independent person to write the names of the candidates who obtained the highest
votes but are at tie and the independent person thereafter shall fold the papers.
xiii. The Presiding Officer shall put the folded papers in an empty ballot box.
xiv. The Presiding Officer shall randomly pick a paper while looking away from the ballot
box.
xv. The name of the candidate picked shall be declared duly elected zonal representative.
xvi. The Presiding Officer shall announce and declare the election results of a Zone.

The Announcement and declaration form is shown in the appendices

5.2 Election Petition


i. Where parties to an election are aggrieved with the outcome of an election, such parties
may lodge in their written petition, stating grounds for their grievances;
ii. The petition must be lodged through the office of the Town Clerk/Council Secretary
within seven (7) days from the day of the declaration of the election results of that
particular Zone;
iii. The Town Clerk/Council Secretary shall refer such a petition to the Appeals Committee
for determination which shall be constituted to attend to the election petition;
iv. If the Appellant is not satisfied with the outcome of the determination of the matter by
Local Authority, the matter may be taken to a Court of Competent Jurisdiction for
determination.

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PART VI
DISCIPLINARY MATTERS, OFFENCES AND PENALTIES

6.1 Disciplinary Matters


As a coordinating body at Ward level, the WDC is expected to exercise high level of discipline.
All members of the WDC shall at all times be expected to adhere to the highest standards of
discipline and always endeavour to be exemplary during the discharge of their duties and
functions. The cardinal tenets of discipline shall be morality, ethics, human-dignity, equity,
equality, non-discrimination, openness, transparency, honesty, confidentiality, non-partisanship
and dedicated selfless service to the community.
The Disciplinary Code of Conduct and Code of Ethics is provided in the appendices.

6.1.1 Disciplinary Committee


i. The mandate of the Committee shall be to deal with all disciplinary cases of the WDC.
ii. The Disciplinary Committee shall be formed on an ad-hoc basis. It shall have five (5)
members and shall be composed of one Executive Committee member and four WDC
Ordinary Members.
iii. The five (5) Disciplinary Committee Members shall choose from amongst themselves a
Chairperson and Secretary.
iv. Three (3) members of the Committee shall form a quorum.
v. Where the Chairperson is not present, members shall appoint the Chairperson to preside
over that particular meeting.
vi. Where the Secretary is not present, the members present shall appoint any of the
members to record the proceedings of the meeting.

6.1.2 Disciplinary Steps


i. Upon receipt of a complaint, the Disciplinary Committee shall deal with the case and
submit its recommendations to the WDC for a decision.
ii. Any person aggrieved with the decision of the WDC shall have the right to appeal to the
Independent Appeal Committee based at the Local Authority within seven (7) days.
iii. Any person not satisfied with the resolution of the Local Authority, can appeal to any
Court of Competent Jurisdiction in Zambia within seven (7) days.

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6.1.3 Independent Appeals Committee of Ward Development Committees
An independent Appeals Committee of the WDC shall consist of Seven (7) members as follows;
i. Head of Human Resource Administration who shall be the Chairperson;
ii. Head of Legal Services, or in their absence Head of Community Development;
iii. Head of Planning;
iv. One representative from the Civil Society Organisation who sits on the District
Development Coordinating Committee (DDCC);
v. Any member of the DDCC from a Public Institution;
vi. Head of Finance; and
vii. A representative from a Faith Based Organisation who sits on the DDCC
Secretariat shall be provided by the Human Resource Administration

6.1.4 Offences and Penalties


i. WDC members shall be made aware of the Disciplinary Code of Conduct, Code of
Ethics, Offences and Penalties respectively.
ii. A member of the WDC who fails to comply with the standards of performance and
behaviour set in the Codes of Conduct and Ethics commits an offence.
iii. The offence committed shall attract disciplinary action to be taken against an erring
member.
iv. The disciplinary action shall be in form of a reprimand, suspension or expulsion of a
member depending on the circumstances of each case.
v. Having read and made aware of the above, a member shall be required to sign to confirm
their understanding and acceptance of the standards set out in the Codes of Conduct and
Ethics.

The List of Offences and Penalties is provided in the Appendices

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PART VII
FINANCING OPERATIONS OF WDCs AND
MANAGEMENT OF FUNDS

7.1 Financing Operations of WDCs


i. The Local Authorities shall make budgetary provisions to support operations of the
WDCs;
ii. Cooperating Partners and Civil Society Organisations may provide technical and
financial support. This support may be given to the WDCs through the Ministry
responsible for Local Government and Local Authority; and
iii. The WDCs should also engage stakeholders such as business community in raising
resources for various community projects.

7.2 Bank Account of Ward Development Committee


i. The WDC shall open and maintain a bank account bearing the name of the Ward at
the nearest Commercial Bank.
ii. The account shall have four (04) signatories comprising;
a) Panel A: The WDC Chairperson and Treasurer
b) Panel B: The Town Clerk/Council Secretary and Director of Finance/Council
Treasurer
iii. One signatory from Panel A and one signatory from Panel B will pass a payment.
iv. The WDC account shall be audited in accordance with the Public Finance
Management Act and Public Audit Act.
v. The Local Authority shall orient the WDC in Public Financial Management.

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PART VIII
RELATIONSHIP WITH OTHER INSTITUTIONS, REPORTING
ARRANGEMENTS, MONITORING AND EVALUATION

8.1 Relationships with Other Institutions


The WDC shall be the entry point of all development actors and interventions in the Ward.
Therefore:
i. The WDC shall work very closely with other institutions in advancing implementation of
developmental initiatives in the Ward;
ii. The WDC shall not assume the roles and responsibilities of other institutions operating in
the Ward;
iii. Relevant actors in the Ward shall continue performing the mandate for which they were
established for but are required to collaborate with the WDC; and
iv. The WDC shall make recommendations to the Local Authority of any uncooperative
stakeholder for appropriate action.

Figure 1: Illustrates how information shall flow from the Community to Zones, then to the
WDC up to the Local Authorities and through the Ministry of Local Government and Rural
Development (MLGRD) to Cabinet Office. Likewise, feedback from Cabinet Office shall be
channeled through MLGRD to Local Authorities and subsequently to other lower- level
structures as shown in the flow chart.

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INFORMATION FLOW CHART

CABINET Ministry of Local Government


OFFICE & Rural Development

Council
Cooperating
Partners
DDCC
CDF
Committee

WDEC

WDC
SUB-COMMITTEES

BUSINESS
ZONE COMMUNITY
ZONE ZONE

CSO, FBO, TRADITIONAL


OTHERS AUTHORITY

COMMUNITY

Figure: 1 KEY

Flow of information and reports Bottom up -Top-down (feed Back)

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8.2 Reporting Arrangements
WDCs shall generate quarterly reports which shall be a consolidation of the monthly reports
generated by the WDECs and/or Sub-Committees. The reporting channel shall be as indicated
below:
i. The reports and plans from the Zones shall be submitted to the WDEC through their
Zonal representatives as the second level of participation. The Ward Development
Executive Committee will thereafter refer these reports and plans to the WDC Sub-
Committees for analysis, formulation of proposals and reconciliation;
ii. The WDC Sub-Committee reports shall thereafter be consolidated into a WDC report at
the Ordinary meeting of the WDC. The WDC reports and Ward Development Plans shall
be submitted to the Local Authority;
iii. Feedback from the MLGRD and the Local Authority to the WDCs shall be provided by
the Principal Officers (Town Clerk or Council Secretary as the case may be). In turn, the
WDCs shall provide feedback to the Community through their Zonal representatives; and
iv. Deliberate efforts shall be made by the Principal Officers (Town Clerk or Council
Secretary as the case may be) to provide feedback to other stakeholders in the Ward
among others, the Traditional Authorities, Community Based Organizations (CBOs) and
Faith Based Organizations (FBOs)

8.3 Monitoring and Evaluation


i. The Ministry responsible for Local Government shall provide oversight on the
establishment, management and operations of the WDCs;
ii. The Ministry responsible for Local Government shall provide policy direction for the
smooth operations of the WDCs;
iii. Local Authorities, shall monitor and evaluate the performance of the WDCs; and
iv. Other stakeholders who have partnered with WDCs may also monitor and evaluate the
performance of the WDCs.

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APPENDICES

Appendix I: Zonal Election Voters’ Register

Form One (1)

REPUBLIC OF ZAMBIA
Zonal Election Voters’ Register

WARD.......................................................................... DISTRICT..............................................................

ZONE............................................................... PUBLICATION
DATE………………………………………………………

Serial Surname First Other Gender NRC. Residential Age Chiefdo Zone Ward Constituency District
No. Name Names No. Area/Village m

Name of Local
Authority…………………………………………………………………………………………………….

Approved by …………………………………………………………………………
Principal Officer

Date………………………….. Signature ……………………………….....

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Appendix II: Nomination Form
Form Two (2)

REPUBLIC OF ZAMBIA
NOMINATION FORM

1. DECLARATION BY PROPOSER AND SECONDER

The Presiding Officer……………………………………………………………….Council


We the undersigned being registered voters of ………………………………….Zone in ...............................Ward, do
hereby nominate:
First Name: ………………………………………………………………………….
Surname………………………………………………………………………………
Residential Address …………………………………………………………………………..
to stand as a candidate for the election to the post of Zonal Representative in ............................Zone on the
...................................Ward Development Committee
PROPOSER AND SECONDER
FULL NAME IN BLOCK NRC SIGNATURE
LETTERS
1.
2

SUPPORTERS
We, being duly registered voters of .....................................................Zone
in........................................................................ Ward, support the candidature
of.................................................................... to be elected as a zonal representative

FULL NAME IN BLOCK NRC SIGNATURE


LETTERS
1.
2.
3.
4.
5.

2. DECLARATION BY THE CANDIDATE


I, the said (NAME IN BLOCK LETTERS)
………………………………………………….
do hereby declare that:
(a). I accept the nomination
(b). I am a resident of this Zone/Ward (NAME OF THE WARD)
…………………………………………………
(c). I am a Zambian Citizen, National Registration Card
Number being

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(d). Gender …………………………………..

(e). I have attained the age of ………………………. ………

(f). I have not been convicted of any criminal offence in the last five (5) years

(g). I am able to read and write

(h). I am not involved in active partisan politics

Date: ………………………….. Signature: ……………………………….....

3. PRESIDING OFFICER

I hereby declare that I accept/reject the application for the candidacy as indicated above.

Received by me (Name)...............................................at (Place)


……………………………………….……………………………..

(Time) …………………………………………. (Date) ………………………………………….

(Signature).........................................................................

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Appendix III: WDC - Zonal Election Ballot Paper

Form Three (3)

REPUBLIC OF ZAMBIA
MINISTRY OF LOCAL GOVERNMENT
…………….……………..…………………. COUNCIL
WDC – ZONAL ELECTION BALLOT PAPER
WARD DEVELOPMENT COMMITTEE – ZONAL REPRESENTATIVE ELECTIONS
Ward Name: …………………….. Zone Name: ………………………….
Date: ………………………
Instructions

Vote for your candidate(s) of your choice using the symbol X in the box at the far right side.

S/No. Candidate Name Sex Mark with an X on your candidate


of Choice

10

*Note: the ballot paper may be improvised

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Appendix IV: Zonal Elections Results Declaration Form
Form Four (4)

REPUBLIC OF ZAMBIA
MINISTRY OF LOCAL GOVERNMENT
…………….…………… …………………. COUNCIL

ZONAL ELECTIONS RESULTS DECLARATION FORM


I ……………………………………......................... being the Presiding Officer for……………………………….………. Zone
(Presiding Officer’s Name in Full in Capital LETTERS)
do hereby declare that I have, in accordance with the law, ascertained the results of the election in the ………………………............. zone and
that they have been given to……………………………………………

Votes
Name of Candidate (in figures)
1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

I further declare that a total of ……………………………………… ballot papers have been rejected as invalid.

The tie of votes recorded has been broken by casting a lot in accordance with the provision of the guidelines.
(Delete if not applicable)

I therefore declare that the said ………………………………………………………. to be this day duly elected as a representative of
……………………………………………………. Zone ……………………………………for ……………………………………………. Ward

Dated this …………………….. Day of …………………………………… 20 …………………….Signed …………………………

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INSTRUCTIONS
1. This form must be completed in sufficient quantities to give one copy to each candidate or their polling agent by the Presiding Officer.
The Presiding Officer must read out aloud the text from the original to the public at the place where the totalling of the votes takes
place.

2. The full names of the candidates and votes received in figures and words must be inserted in the columns above, with the successful
candidate’s name at no. 1.

3. The original of this form must be delivered to the Council by the quickest possible means and a copy must be retained by the Presiding
officer.

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Appendix V: Action Plan on Establishment of WDCs

Form Five (5)

REPUBLIC OF ZAMBIA
MINISTRY OF LOCAL GOVERNMENT
…………….…………… …………………. COUNCIL
ACTION PLAN ON ESTABLISHMENT OF WDCS

Proposed
S/No. Planned Activity Responsible Person date Estimated cost

1 Briefing Management Town Clerk/Council Secretary

2 Appointment of Facilitation Town Clerk/Council Secretary


Team

3 Formulation of a WDC Work Director Planning/District


Plan & Budgeting Planning Officer

4 Briefing of Stakeholders Director Planning/District


(Councilors, DDCC & Chiefs Planning Officer
etc.)

5 Council Adoption of Programme Town Clerk/ Council Secretary


& WDC establishment Budget

6 Community Sensitizations Facilitation team

7 Registration of Voters Facilitation Team

8 Nominations of candidates Facilitation Team

9 Election of WDCs Facilitation Team

10 Appointment of Ex-Officios Town Clerk/Council Secretary

11 Orientation of WDCs Facilitation Team

12 Election of WDEC Director Planning/District


Planning Officer

13 Formation of Sub-Committees Facilitation team

14 Monitoring of WDC Operations Director Planning/District


by District Facilitation Team Planning Officer

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Appendix VI: Disciplinary Code of Conduct and Ethics
Code of Conduct
The following outlines the Ward Development Committee Code of Conduct:
i. The relationship between the WDC and its stakeholders is based upon mutual respect,
trust, fairness and confidence.
ii. This code of conduct sets out some of the standards upon which this relationship is to
be based.
iii. A breach of this code of conduct may result in disciplinary action being taken against
the erring members in accordance with the WDC disciplinary procedure.
iv. Members shall at all times be expected to adhere to this code and always endeavour
to be exemplary during the discharge of their duties and functions.

The following are the standards of conduct for members of WDCs:


i. Meeting Attendance & Timekeeping
a. Members shall attend all meetings of the Committee except where
leave of absence is granted by the Chairperson.
b. Any member who, without permission, fails to attend three
consecutive meetings to which such a member has been given due
notice, may on the determination of the disciplinary committee, lose
membership.
ii. Punctuality for meetings
a. Members are expected to be punctual for meetings.
b. In the event that a member fails to observe punctuality at a meeting,
they shall be expected to provide adequate reasons for such conduct.
iii. Alcohol & Substance Abuse
Members shall not attend meetings and/or other official functions, under the
influence of any intoxicating substance.
iv. Bullying and Harassment
Members shall not conduct themselves in a manner that intimidates,
discriminates, harasses and victimises other members of the committee.

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Code of Ethics
1. Confidentiality
i. A Member shall maintain the confidentiality of information concerning the
Committee or its stakeholders.
ii. A Member shall not disclose information for the Committee, except with the
authority of the Committee.
2. Declaration of Interest
Members shall declare any interests whether direct or indirect, on any matter
under discussion by the Committee, failure to disclose such interest may result in
a member being sanctioned in accordance with the Anti-Corruption Commission
Act.
3. Financial Regulations
Members shall adhere to the provisions of the Public Finance Management Act.
4. Gifts and Hospitality
i. Members shall not accept or solicit any gifts or fees as an inducement for any
service connected with their office.
ii. In an event where a member is given and or receives such gifts or fees, shall
register and declare interest in accordance with the Anti-Corruption
Commission Act.
iii. The Committee shall maintain a gift register.
5. Damage to Property
A member shall not cause deliberate damage or misuse Committee’s property.
6. Theft
A member shall not steal the property or assets of the Committee, its members,
agents or clients.
7. Allocation of land
Members shall not allocate land as such a responsibility remains the preserve of
the Local Authority as delegated by the Ministry responsible for Land.
8. Politics
Members shall not engage in partisan politics.

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Appendix VII Offences and Penalties

OFFENCE PENALTY
1ST 2ND 3RD
1 Failure to attend meetings Reprimand Severe Reprimand Refer to Disciplinary
Committee
2 Failure to attend full session of Reprimand Severe Reprimand Refer to Disciplinary
meetings Committee
3 Violent behavior in meetings Severe Refer to Disciplinary
Reprimand Committee

4 Disregarding ruling of the Severe Refer to Disciplinary


Chairperson Reprimand Committee

5 Abusive language in a meeting Severe Refer to Disciplinary


Reprimand Committee

6 Failure to participate in WDC Reprimand Severe Reprimand Refer to Disciplinary


programs Committee
7 Failure to disclose interest in a Reprimand Severe Reprimand Refer to Disciplinary
matter before a meeting Committee
8 Failure to register financial Reprimand Severe Reprimand Refer to Disciplinary
interests Committee
9 Abuse of position or privileges Reprimand Severe Reprimand Refer to Disciplinary
Committee
10 Disclosure of confidential Reprimand Severe Reprimand Refer to Disciplinary
information Committee
11 Gaining pecuniary advantage Reprimand Severe Reprimand Refer to Disciplinary
Committee
12 Accepting bribes, commissions, Severe Refer to Disciplinary
fees, advances, gifts, rewards Reprimand Committee

13 Misuse of WDC property Severe Refer to Disciplinary


Reprimand Committee

14 Dishonest and unethical behaviour Reprimand Severe Reprimand Refer to Disciplinary


Committee
15 Lowering the integrity of a WDC Reprimand Severe Reprimand Refer to Disciplinary
Committee
16 Bias or impartial service Reprimand Severe Reprimand Refer to Disciplinary
Committee
17 Disrespect to Members Reprimand Severe Reprimand Refer to Disciplinary
Committee

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