The constitution of zambia amendment bill, 2019 memorandum the object of this bill is to amend the constitution of zambia so as to a revise the preamble in order to reaffirm the christian character of zambia. Amendment of constitution of zambia act, 1991 and schedule thereto 4. The constitution has been made a campaign issue in every presidential election since zambia s return to multiparty politics in the 1990s. A person may file an election petition with the high court to challenge the election of a. These topic pages provide a quick overview and easy access to all content that can be found on ace for any give topic of interest weather encyclopaedia files, electoral materials, comparative data, consolidated replies, case studies, or other. However, unlike the 1996 constitution, in this draft christianity is sneaked into the main body of the constitution, even into the bill of rights. Constitution means the constitution of zambia, 1991 act no.
He assented to the new constitution on 5 january, 2016. Ecz 2002 the eczs vision is to attain a rich and pollution free environment in zambia. The law forbade the amendment of any part of the constitution without going through a referendum. This constitution shall bind all persons in the republic of zambia and all legislative, executive. This act may be cited as the constitution of zambia act, 1991. This act may be cited as the anticorruption commission act. Professor ndulo explains the law on zambian parliament and courts. Review of the draft constitution for the republic of zambia. Instead, the constitution was only amended through the constitution amendment act of 1996. Amendment of constitution of zambia act, 1991, and schedule thereto 4. Enacted by the parliament of zambia of 2016 3 short title cap. Because the current constitution does not include the right to education, however, there are currently few redress mechanisms for the right to education in zambia. President edgar lungu reads the constitution of zambia while chairing a special cabinet meeting at state house in lusaka.
Jon elster and the challenges of the constitutionmaking. The zambian independence orderincouncil of 1964 and the 1964 constitution following the dissolution of the federation in 1963, a new constitution based on the westminster model and designed to resolve the conflicting interests of the indigenous africans, the settler white community and the colonial government was negotiated by the major. On this page you can read or download zambian constitution 2018 pdf in pdf format. For example the draft constitution now states that propaganda against christianity is not protected speech. The 1991 constitution, amended in 1996, provided for a multiparty system, a president whose tenure is limited to two terms of five years and a national assembly of 158 members, 150 elected and eight nominated by the president. See also chewechanda, a 2009 promoting the effectiveness of democracy protection institutions in southern africa. Apr 30, 20 the zambian constitution in article 1 provides that this constitution is the supreme law of zambia and if any other law is inconsistent with this constitution, that law shall to the extent of the inconsistency, be void. The declaration of zambia as a christian nation is from the 1996 constitution. A brief analysis of zambias constitutional amendment bill. Pdf addressing school related gender based violence in. The changes imposed a twoterm limit on the presidency. This constitution is the supreme law of zambia and if any other law is inconsistent with this constitution that other law shall, to the extent of the inconsistency, be void. Subject to this act, the constitution shall come into operation on the date of assent by the president.
Those who wish to have a full text of the northern rhodesia independence conference, 1964 may contact me on the addresses below. The constitution may be printed and published by the government printer separately from this act, and the production of a copy of the constitution as printed is prima facie evidence in all courts and for all purposes of the constitution and. Importantly, however, the constitution contains a limitation in article 234 c that reserves the right to legislate laws with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of. Nov 24, 2015 on this page you can read or download zambian constitution 2018 pdf in pdf format. The mwanawasa government was opposed to the constituent. The constitution of zambia act an act to provide for the new constitution of the republic of zambia. The zambia independence constitution was protected by a referendum clause. Zambia after3rd 2 october, 1964 marriage to zambia citizen after 23rd ootober, 1964 6. The procedure for amending the current zambian constitution the constitution to be replaced is set out in article 79 of the constitution of zambia act no. Constitutional development in zambia can be traced back to the british colonial times, especially from the beginning of the 1950s. There is also a 27member house of chiefs, which is an advisory body. The constitution of zambia act, 1996 by the zambian for. All offences under this act shall be enquired into, tried, and otherwise dealt with in. Victoria falls and the zambezi river as seen from space.
In 1996 a raft of constitutional amendments were enacted, and these. The republic of zambia realising the human right to water and. The zambezi flows southeast in a wide bed before plunging suddenly 108 meters over the victoria falls into a narrow gorge. Anticorruption commission in 2012 revealed that the incidence of corruption in the public sector had reduced from 14% in 2009 to 9. Constitution of zambia 1996 ace electoral knowledge. They were boycotted by the main opposition party, the united national independence party, together with five other allied parties, following changes to the constitution which they failed to have reversed following a court challenge. Since independence, zambia has had five major constitutional amendments an average of one every 10 years, a fact that has raised concerns about the countrys constitutional foundations. Constitution of zambia amendment a bill an act to amend the constitution of zambia. Amendment of constitution of zambia act, 1991, and. I have over the years been following the history of the zambian constitution and i consider the 2916 constitution to be very progressive.
As if that was not enough, another constitutional reform project was initiated in 2003. This constitution is the supreme law of the republic of zambia and any other written law, customary law and customary practice that is inconsistent with its provisions is void to the extent of the inconsistency. Note that zambia has yet to pass freedom of information legislation. History of zambian constitutionpart v zambia daily nation.
The bill of rightspart iii of the constitution of zambia. Recognition of the human right to water and sanitation it is encouraging to see that the zambian government has recognised the human right to water and sanitation. The zambian constitution guarantees formal equality of women and men. Zambia has ratified most international treaties that protect the right to education. Over the past two decades, they have done so by becoming signatories of key international declarations and treaties each of which have further interpreted and defined the. Training manual regulating the zambian construction industry. Local government act, 3 the act specifies only a commission but the members are the. October 1996 chri fact finding mission to zambia 28 august 5 september 1996 foreword the commonwealth human rights initiative agreed, at a meeting of its policymaking advisory commission in july 1996, to send a factfinding team to zambia to examine the situation of civil and political rights.
Zambias constitution of 1991 with amendments through. This act may be cited as the constitution of zambia amendment no. Referendum act, 4 the act specifies only a commission but the members are the same as the ecz. Constitution of the republic of zambia 1991, as amended to. On the 15 th of january 2014 the zambian watchdog and lusaka times released a leaked copy of the final draft constitution which was reportedly handed to president sata one of president satas promises in the runup to his election in 2011 was the adoption of a new constitution. I repeal and replacement of part ill status of bill of rights l. The mungomba commission prepared a draft constitution and recommended that the constitution be adopted by a constituent assembly. Put simply, this means that any average adult zambian from the age of 16 has about a 10% likelihood of being asked to pay a bribe in a government institution mentioned in the study. The government white paper had rejected most of the submissions demands by the general public. If you dont see any interesting for you, use our search form on bottom v. History of zambian constitution zambia daily nation. Republic of zambia first draft report of the technical committee on drafting the zambian constitution the secretariat technical committee on drafting the zambian constitution government complex conference centre kamwala lusaka june, 2012. Constitution of zambia, constitution of zambia 1996, constitution of zambia 1996 act, zambian constitution, zambian constitution 1996, zambian constitution 1996 act about the zambian editor im the curator of all things on the zambian. The promulgation of the constitution of zambia amendment act no.
The constitution of zambia makes provision for constitutional supremacy. The constitution of zambia act, 1996 by the zambian for zambia. Zambia gained independence under a constitution passed by the british parliament, pursuant to a negotiated settlement between the departing colonial government on the one hand and, on the other, the nationalist parties, namely the united national. Section 2e of the english law extent of application act stipulates that the supreme court practice rules of england in force until 1999 shall be in force in the republic, provided they are subject to the constitution and legislation of zambia. Constitutionmaking in southern africa freedom house. Download zambias new constitution as amended elias. The zambian constitutional amendment bill was released for. The constitution of zambia was formally adopted in 1991 and amended. Zambias constitution of 1991 with amendments through 2016. Article 31 declaration relating to threatened emergency. Nov 27, 2015 on this page you can read or download zambian constitution 2016 pdf download in pdf format.
The mission of the human rights commission is to promote and protect human rights for all people in zambia through investigations of human rights violations, rehabilitation of victims of human rights abuses, education of communities and advocacy for policy and legal changes influenced by. The human rights commission hrc is established by the constitution and its mandate articulated in the human rights commission act of 1996. The power to determine whether legislation is inconsistent with the constitution is vested in the courts article 91. The commission for investigations and the permanent human rights commission in zambia pdf document, eisa research report no 43. An act to provide for a new constitution of the republic of zambia and to repeal the constitution of zambia act, 1973, and the constitution scheduled there to, and to provide for matters connected with or incidental to the foregoing.
The political situation in zambia merits urgent attention from its friends and from the international community at large as a fragile experiment in democracy is under threat in a situation where the shortage of time is a. Constitution 1996 the constitution of zambia adopted in 1996. Although the supreme court of zambia ruled in january 1996 that sections of the zambian law requiring prior permission for public meetings contravened the zambian constitution, the government immediately proposed new legislation allowing police to cancel meetings and. Its constitution building history can be divided into post independence and post cold war periods. Article specifically states that this constitution is the supreme law of zambia and if any other law is inconsistent with this constitution that other law shall, to the extent of the inconsistency, be void. Mission press, 2004 constitutional amendments 82 pages. A government white paper in late1995 proposed that article 79 of the constitution of zambia act, 1991, which stated that, subject to the provisions of this article, parliament may alter this. His excellence president edgar lungu arrives during the official opening of the third session of the twelfth national assembly. Government of zambia act national assembly of zambia. In todays final part of our constitutional history, i will enumerate the events that have taken place regarding the zambian constitution since 1964. Of course, this is not a record in africa as constitutional inflation is typical rather than atypical in the continent. Article 79 permits the amendment of non entrenched provisions by a two thirds majority in parliament. This act may be cited as the constitution of zambia amendment act, 2019, and shall be read as one with the constitution of zambia, in this act referred to as the constitution.
Jon elster and the challenges of the constitutionmaking process. Comparative constitutions project, and distributed on. This act may be cited as the constitution of zambia amendment act, 2016, and shall be read as one with the constitution of zambia, in this act referred to as the constitution. An act to provide for the printing and publication of the amended constitution. President mwanawasa appointed the commission in 2003. Constitution of zambia, amendment act 5 of 1972, and act 27 of 1973. Constitution of zambia amendment act 1991 assented to on 24 august 1991. This act may be cited as the constitution of zambia amendment act, 2015, and shall be read as one with the constitution of zambia, in thisact referred to as the constitution. Zambia shall continue to be a citizen of zambia after the commencement of this constitution.
Keeping to this promise, president sata appointed a technical committee to draft a new constitution on 16. General elections were held in zambia on 18 november 1996 to elect a president and national assembly. Zambia has been engaged in several efforts to try and develop a new constitution in the context of both demands for a more democratic constitution and the need to rebuild. Constitution of zambia, 1996 by the zambian for zambia. The republic of south africa is one, sovereign, democratic state founded on the following values. Constitution of zambia amendment national assembly of zambia. Jan 08, 2016 constitution of zambia amendment act, no. This act may be cited as the constitution of zambia act. Next week, we will conclude the series of the zambian constitution with its post independence history from 1964 to 2015.
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