Constitution of Zambia (Amendment) Act, 1996
This section amends the Constitution by repealing Part I and replacing it with new text.
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- Act 18 of 1996
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amendment and repeal appointments audit and reporting budget appropriations budgetary charges cabinet procedure candidate nominations candidate-eligibility citizen duties citizenship committee selection constitutional office corrections court administration court jurisdiction court structure courts criminal proceedings customary institutions election administration election eligibility elections electoral boundaries eligibility +89 more
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About this statute
This section amends the Constitution by repealing Part I and replacing it with new text. Zambia is declared a sovereign state, this Constitution is the supreme law, it binds all persons and State organs, and English is the official language. The Public Seal of the Republic is to be as prescribed by or under an Act of Parliament. The National Anthem, National Flag, National Emblem, and National Motto are to be as prescribed by or under an Act of Parliament. This section amends the Constitution by repealing Part II and replacing it with a new Part II headed “Citizenship.”
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Provisions of Constitution of Zambia (Amendment) Act, 1996
Showing 154 of 154
- 3 Verify source ↗
The Constitution is amended by the repeal of Part I and the
AI-assisted research summary: This section amends the Constitution by repealing Part I and replacing it with new text.
3. The Constitution is amended by the repeal of Part I and the substitution therefor of the following: PART I NATIONAL SOVEREIGNTY AND Tiffi STAIB
Part
PART I
- 1 Verify source ↗
(I) Zambia is a unitary, indivisible, multi-party and demo
AI-assisted research summary: Zambia is declared a sovereign state, this Constitution is the supreme law, it binds all persons and State organs, and English is the official language.
1. (I) Zambia is a unitary, indivisible, multi-party and demo cratic sovereign State. (2) All power resides in the people who shall exercise their sovereignty through the democratic institutions of the State in accordance with this Constitution. (3) 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. (4) This Constitution shall bind all persons in the Republic of Zambia and all Legislative, Executive and Judicial organs of the State at all levels. (5) The official language of Zambia shall be English. - 2 Verify source ↗
The Constitution is amended by the repeal of the Preamble
AI-assisted research summary: The Public Seal of the Republic is to be as prescribed by or under an Act of Parliament.
2. The Public Seal of the Republic shall be such as may be prescribed by or'1mder an Act of Parliament. - 3 Verify source ↗
The National Anthem, the National Flag, the National Em
AI-assisted research summary: The National Anthem, National Flag, National Emblem, and National Motto are to be as prescribed by or under an Act of Parliament.
3. The National Anthem, the National Flag, the National Em blem and the National Motto shall be such as maybe prescribed by or under an Act of Parliament. - 4 Verify source ↗
The Constitution is amended by the repeal of Part II and the
AI-assisted research summary: This section amends the Constitution by repealing Part II and replacing it with a new Part II headed “Citizenship.”
4. The Constitution is amended by the repeal of Part II and the substitution therefor of the following: PART II CITIZENSHIP
Part
PART II
- 4 Verify source ↗
(I) Every person who immediately before the commence
AI-assisted research summary: Certain people keep or gain Zambian citizenship when the Constitution starts, if they met the stated pre-commencement conditions.
4. (I) Every person who immediately before the commence ment of this constitution was a citizen of Zambia shall continue to be a citizen of Zambia after the commencement of this Constitution. (2) A person who was entitled to citizenship of Zam hi a before the commencement of this Constitution subject to the performance of any conditions following the happening of a future event, shall become a citizen upon the performance of such conditions. - 5 Verify source ↗
A person born inoroutsideZambia after the commencement
AI-assisted research summary: A person born in or outside Zambia after commencement becomes a citizen at birth if at least one parent is a Zambian citizen.
5. A person born inoroutsideZambia after the commencement of this Constitution shall become a citizen of Zambia al the date of his birth if on that date at least one of his parents is a citizen of Zambia. Declaration of Republic, �vereignty of people, supreme law and official language Public seal National Anthem, National Flag, Nauonal Emblem and National Motto Repeal and replacement of Part II Citizens of Zambia Children of citizens of Zambia Constitutio. - 6 Verify source ↗
Section 6
AI-assisted research summary: A person who meets the stated age and residence requirements may apply to be registered as a citizen, but an application cannot be made for a person of unsound mind.
6. (I) Any person wl (a) h;tS attained the (h) has been ordinar period of not le that person's a; shall be entitled to apply t as may be prescribed by registered as a citizen of:i (2) An application for 1 shall not be made by or on in force in Zambia, is ac unsound mind. (3) Parliament may p1 person has the right to resi, under the authority of any taken into account in com1 in paragraph (h) of clause - 7 Verify source ↗
Parliament may mi
AI-assisted research summary: Parliament may make rules about acquisition and deprivation of citizenship, subject to a stated proviso.
7. Parliament may mi (a) the acquisition 01 are not eligible Part; (h) depriving any p Zambia: Provided tha citizenship exc, (i) that persl Zambil (ii) tha fr - 8 Verify source ↗
Parliament may ma
AI-assisted research summary: Parliament may make provisions about the Citizenship Board.
8. Parliament may ma Citizenship Board to deal , provisions of Articles 6 or - 9 Verify source ↗
(1) A persori shall c
AI-assisted research summary: The text is incomplete, but it appears to refer to a person and the acquisition of citizenship.
9. (1) A persori shall c person- ( a) acquires the citize a voluntary act, (h) does any act indic make use of ani Constitution oJZambia (Amendment) [No. 18 or 1996 639 - 6 Verify source ↗
Section 6
AI-assisted research summary: Adults with at least 10 years’ ordinary residence in Zambia may apply to the Citizenship Board to be registered as citizens, unless they are declared of unsound mind.
6. (I) Any person who- (a) h;is attained 11te age of twenty-one years; and (b) has been ordinarily resident in Zambia for a continuous period of not Jess than ten years immediately preceding that person's application for registration; shall be entitled to apply to the Citizenship Board, in such manner a� may be prescribed by or under an Act of Parliament, to be registered as a citizen of Zambia. (2) An application for registration as a citizen under this Article shall not be made by or on behalf of any person who, under any law in force in Zambia, is adjudged or otherwise declared to be of unsound rriind. (3) Parliament may provide that any period during which a person has the right to reside in Zambia by virtue of a permit issued under the authority of any law relating to immigration shall not be taken into account in computing the period of ten years referred to in paragraph (b).of clause (1). - 7 Verify source ↗
Parliament may make provision for
AI-assisted research summary: Parliament may make rules about acquiring Zambian citizenship and about taking away citizenship, but a person cannot be deprived of citizenship except on the stated grounds.
7. Parliament may make provision for- (a) the acquisition of citizenship of Zambia by persons who are not eligible to become citizens of Zambia under this Part; (b) depriving any person of that person's citizenship of Zambia: Provided that a person shall not be deprived of their citizenship except on the grounds that- Persons entitled to apply to be registered as Citizens Powers of Parliament (i) that person is a· citizen of a country other than Zambia; or (ii) that person obtained such citizenship by fraud. - 8 Verify source ↗
Parliament may make provision for the establishment of a Citi,enship
AI-assisted research summary: Parliament may make provision to establish a Citizenship Board for matters under Articles 6 or 7.
8. Parliament may make provision for the establishment of a Citi,enship Citizenship Board to deal with any of the matters falling under the Board provisions of Articles 6 or 7. - 9 Verify source ↗
(I) A person shall cease to be a citizen of Zambia if that Cesser of
AI-assisted research summary: A person may cease to be a citizen of Zambia if they take another citizenship voluntarily (other than by marriage) and show an intention to use that other citizenship, or if a registered citizen who already has another citizenship does not renounce it and complete the required steps within three months.
9. (I) A person shall cease to be a citizen of Zambia if that Cesser of citizenship person- ( a) acquires the citizenship of a country other than Zambia by a voluntary act, other than marriage; and (b) does any act indicating that person's intention to adopt or make use of any other citizenship. • the mo- :heir .e i any hall, ic of f the .Em cd by ld I ence- 1ue to ution. icfore nance , shall cment late of f.en of ,..,. 640 No. 18 of 1996] Constitution ofZambia (Amendment) (2) A person who (a) becomes a citizen of Zambia by registration; and (b) immediately after becoming a citizen of Zambia, is also a citizen of some other country; ·; Constitution, , s:· .·: The Constliution i i sp�;�tl\ti,tfori therefor bf ti ,, shall, subject to clause (4), cease to be a citizen of Zambia at the expiration of three months after such person becomes a citizen of Zambia unless such person has renounced the citizenship of that other country, taken oath of allegiance and made and registered such d�claration' of their inientioh roncbning residence as may be prescri�d by or under an Act of P<!fliament. (3) For the purpose of this Article, where, under the law of a country. other than Zambia, a person cannot renounce their citizenship of that other country that person need not mal.e such renunciation but inay instead be required to Jllake such declanuion concerning that citizenship as may be prescribed by or under an Act J. of Parliament. (4) Provision may be made by or under an Act of Parliament for . extending the �i:iod .within which any JX<rson ipay make, a renun ciation of citizenship; take oath or make otregis�r a declaration for the pilrposeofthis Article, and if such provision is made that person . ,; shall cease to be a citizen of Zambia onli if at the expiration of the - extended period that person has not then m.ide the renunciation, taken the oa th or made or registered the declaration, as the casemaY, , be. - 10 Verify source ↗
(I) For the purpose of this Pan, a person born aboard a
AI-assisted research summary: This section says where a person is treated as born for certain ship or aircraft births, how parent national-status references are read after a parent's death, and preserves certain pre-1 April 1986 rights and privileges for qualifying people born in Zambia.
10. (I) For the purpose of this Pan, a person born aboard a registered ship or aircraft, or aboaaj an unregistered ship or aircraft of the Government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered orin that country, as the case may be. ,• (2) Any refereci:ein thls Part to the nationai status of the parent ,:, . of a person at the tiine of the birth of that person sh;lll: in relation to ·· a person born after the dealh of his parent, be construed as a reference to the national status of the parent at the time of� parent's death. (3) For the avoidance of doubt, it ishereby declared that a person· born in Zambia before the !st April, i986, whose father was an',' : established resident shall continue to enjoy the rights and privi- , ·, · · leges, under, and reinainsubject to, the law pievailirig immediately before that date. Interpreta tion • j ,- . ·, -' - · 33. (I) There shall c ' who shall be the Head ( coin'fuaniler-in:eruer of ":c2) The executive po,,. th,cJ:'re�ident �l)d, subjec · , lion, shall be exercised t 'subordfiiate to him. ;;34:, (I} The electiono -· ad.ult suffrage and by s accordance with this Arti , _ an '*ito[.Parliament. , · ,, (2f An election to the 1 the National Assembly i! Article 38. � <., .. ,-: . ·, · President if-- ,:\ , . · (3) ,\ person shall be , ." (a) he is a Zambi (b) both his pare1 (c) he has attaine (d) he is a memlx (e) he is qualified Assembly; am (f) has been dorn twenty years. (4) Acandidatefor ele ,, as a Presidential candida1 -.· 'the Returning Officer iri si , at such place as may be pn (5) A Presidential can an election unlesS--:. . ,, , (a) he has paid suet under an Act o the Electoral C - lso a 1 the mof 'that tered 1y be • ol thl. .. such �on nAct nt for enun onfor erson of the ation, e may >an! a ircraft :b ln1 parent lion to 1 as a oLthe person 11as an . privi :iiately Constitution of Zambia (Amendment) [No. 18 of 1996 641 S. The Constitution is amended by the repeal of Part JV and the substitution therefor of the following: Repeal and replacement of Part IV PART'IV THE EXECUTIVE - 33 Verify source ↗
(1) There shall be a President of the Republic of Zambia The office of
AI-assisted research summary: The provision establishes the President of Zambia as Head of State, Head of Government, and Commander-in-Chief, and vests executive power in the President.
33. (1) There shall be a President of the Republic of Zambia The office of who shall be the Head of Stale and of the Government and the President Commander-in-Chief of the Defence Force. (2) The executive power of the Republic of Zambia shall vest in the President and, subject to the other prov,isions of this Constitu tion. shall be exercised by him either directly or-through officers subordinate to him. - 34 Verify source ↗
(1) The election of the President shall_bed\rect by universal Election of
AI-assisted research summary: This section sets the rules for electing the President, including candidate qualifications, nomination requirements, voting, declaration of results, swearing-in, and handover.
34. (1) The election of the President shall_bed\rect by universal Election of adult suffrage and by secret ballot and shall be conducted in President accordance with this Article and as may be prescribed by or under an Act of Par Ii ament. , (2) An election to the office of President shall be held w!1enever the National Assembly is dissolved and otherwise as provided by Article 38. (3) A person shall be qualified to be a candidate for election as President if.- (a) he is a Zambian citizen; (b) both his parents are Zambians by birth or descent; }. (c) he has attained the age of thirty-five years; (d) he is a member of, or is sponsored by, a political party; (e) he is qualified to be elected as amembcrof theNational - .. ··- · Assembly; and (f) has been domiciled in Zambia for a period of ai least twenty years. ( 4) A candidate.for election as President (hereinafter referred to as a Presidential candidate) shall deliver his nomination papers to the Returning Officer in such manner, on such day, at such time and at such place as may be prescribed by or under an Act of Parliam,ent. (5) A Presidential candidate shall not'be entitled to tak.e part in an election uniess- (a) he has paid such election fee as may be prescribed by or under an Act of Parliament on or before the date fixed by the Electoral Commission in that behalf; \ • ' ' ! '. I/ i I 642 No. 18 of 1996) Constitution o[Zambia (Amendment) (b) he makes a statutory declaration, of his assets and liabili ties, which shall be open to public inspectiqr\ at such time and at such place as may be prescribed by or under an Act of Parliament; and (c) his nomination is supported bynot less than 200 registered voters. (6) At an el�tion to the office of President- (a) all persons registered in Zainbia rui voters for the purposes of elections to the National Assembly shall be entitled to vote in the election; (b) the poll shall be taken by a secret ballot on such day, at such time, in such places and in such a manner as may be prescri!Jcd by or und�r an Act of Parliament; (c) after the expiration of the time fixed foqJolling, the votes cast shall ,be C<?wited .and the Returning Officer shall declare the result.- ·. > (1) Where there is only one qualified Presiclential candidate nominated for election, that candidate shall be declared as elected without an election taking piace. ". (8) The Retµming Officer shall declare. the candidate who receives the highest number oftlie total votes cast to have been duly - elected as President. , I ' . . . (9) A person elected -as President under this Article shall be sworn in and assume office imi)l_ediately but not later than twenty� four hours, from the time of' declaring the election. ' ' . ' " , . . ' i •, . . ' . (10) The person who has held office of President shall immediately J:tand over 11\e office of President to the perscn elected as President and shall coi:nple�JJ!e procedural and administrative handing overproc_ess within founcen 4ays from the date the person elected as President is sworn in. ·. :,\ . (11) The person who has held office. as President shall not, within the period referred to in clause (10), perfonn any functions of the office of President untler this Constitution or any other law. 35: (l) Subjectto �lauses (2) and (4)every President shall hold ' _· • • • _- ' . • .:- � , • ' . . .- 1 Tenure �f office of President office fof a pe_riod of five years. ;, ' . . ' (2) Notwithstanding anything to the contrary contained in this Constitution or any other Law no person who has twice been elected as President shall be eligible.for re-election to that office. (3). The President may, at any time by writing under his hand addressed to the. Speaker of the National Assembly, resign his office. Constitution o/Zt (4) A person assuming 1 with this Constitution shal ( a) he resigns his off (b) he ceases to hold (c) the National Ass( continue in office until the office of President assume - 36 Verify source ↗
(I) Ifit is resolved
AI-assisted research summary: This section lets Cabinet trigger an investigation into whether the President is unable to perform office, and it sets out a report-and-assembly motion process.
36. (I) Ifit is resolved Cabinet that the question c President to discharge th, investigated, and they so i. Justice shall appoint a Ix · persons selected by him fn medical practitioners unde any other country in the inquire' into the matter and not the President is, by rei incapable of discharging ti (2) If tJie board repons charging the functions of h . in writirig accordingly an, repon of the board before motion, passed by a two th (a) ratify the deci President sha (b) reject the deci inquiry into " of dischargin thereafter de< majority vote (3) Where the Cabinet n and mental capacity of the his office should be investi; person assumes the office of clause (I) repons that the P1 the functions of his office, v. the functions of his office a by- (a) the Vice-Presid (b) in the absenc Vice-Presider mental infinn office, by sue! shall elect: Provided that any person of President under this cl. Assembly nor, except on ti appointment made by the P (4) A motion for the PU!] any meeting of the Cabinet. Constitution a/Zambia (Amendment) [No. 18 or 1996 643 ( 4) A person assuming tlle office of the President in accordance with this Constitution shall, unless- ( a) he resigns his office; (b) he ceases to hold office by virtue of Article 36 or 37; or (c) tlle National Assembly is dissolved; continue in office until tlle person elected at the next election to the office of President assumes office. - 36 Verify source ↗
(I) If it is resolved by a majority of all tlle members of the Removal or
AI-assisted research summary: This section sets out how the President’s capacity can be investigated and how presidential functions are carried out if the President is found or treated as incapable.
36. (I) If it is resolved by a majority of all tlle members of the Removal or Cabinet tllat tlle question of the physical or mental capacity of the President on grounds or President to discharge the functions of his office ought to be incapacity investigated, and tlley so infom1 tlle Chief Justice, then the Chief Justice shall appoint a board consisting of not less than tllree persons selected by him from among persons who are qualified as medical practitioners·under the law of Zambia or under tlle law of any other country in the Commonwealtll, and tlle board shall inquire into tlle matter and report to the Chief Justiee on whetheror not the President is, by reason of any infim1ity of body or mind, incapable of discharging the functions of his office. (2) If tlle board reports tllat tlle President is incapable of dis charging tlle functions of h_is.office, the.Chief Jus.tic.e.shall ccitify in writing accordingly and 'shall table such certificate; with tlle report of the board before the National Assembly who shall on a motion, passed by a two tllirds.majority- (a) ratify the decision of !!le board, and thereupon the President shall cease to hold office; or (b) reject tlle decision of tlle board and cause a further inquiry into whether or not the President is incapable of discharging the functions of his office and shall tllereafter ,decide on such question by a two-thirds majority vote, which decision shall be final. (3) Where tlle Cabinet resolves that the question oftlle physical and mental capacity of tlle President to discharge tlle functions of his office should be investigated, the Presideljt.�hall, until anoU1er person assumes the office of President or the Board_ appointed under clause (I) reports that the President is not incapable of discharging tlle functions of his office, whichever is tlle earlier, cease to perfom1 the functions of his office and those functions shall be perfom1e� by- (a) the Vice-President; or (b) in the absence of the Vice-President or if the Vice-President is unable, by reason of physical or mental infirmity, to discharge the functions of his office, by such member ofthe Cabinet as the Cabinet shall elect: Provided tllat any person perfom1ing the functions of the office of President under tllis clause shall not dissolve tlle National Assembly nor, except on the advice of the Cabinet, revoke any appointment made by the President. (4) A motion for the purposes of clause (1) maybe proposed at any meeting of the Cabinet. · • I ' I ' ' ' r ' ' / I i I iabili t such ·under stered rposes tied to llSUCh 1ay be : VI r shall 1didate :lected I e who :n duly 131J be .venty0 shall :lected :trative person ill not, 1ctions er law. ill hold in tllis :lected s hand gn his . . . . �'-�..,.--•A•' '-""••'-.....,y'"-, ----=· ;,L• .,;;;;.• �>�-�- V ,,• ,_ . . -•-•- 644 No. 18 or 1996] Constitution of Zambia (Amendment) - 37 Verify source ↗
(1) If notice in writing is given to the Speaker of the
AI-assisted research summary: This section sets out the impeachment process for the President, including notice, parliamentary consideration, tribunal inquiry, and possible removal from office.
37. (1) If notice in writing is given to the Speaker of the National Assembly signed by not less than one-third of all the members of the National Assembly of a motion alleging that the President has committed any violation of the Constitution or any gross misconduct and specifying the particulars of the allegations and proposing that a triburi� be established under this Article to investigate those allegations, the Speaker shall- . ; ; _ ,. . ' . ' (a) if Parliament is then sitti!Jg or has been summoned to meet within five days, <;ause .tpe motion to be considered by the National. Assell)l?ly wiihin seven days of the notice; (b) if Parliament is not then sitting (and notwithstanding that it may be prorogued) summon the National Assembly to meet within twentfone days of the notice and <;ause the motio_11)9}e <:9�sic!ired at i\lat.iijditing._ , : ' ', . , . . ' (2) Where a motion under this Article is proposed for consider ation by the Naiional Assefubly, the National Assembly sh;ill deba� thJ rrtotiori and ifihe !!iOtlpn i� suppoited �ythc ,vbies pf not less thanJwo th/i:cls,gfall the riie!11bers §[f.hF Napqt'!al ;,-.sselllbly. the motion shall be passed. (3) If the ll)Oti9n is de.cla�d to !>l: pa��etl_ �nder clause (2}- (a) the Cliief Justice shall appoint . a tribunal which shall · consist of ·a 'Chairman and ,not less than two other memberi selectiid by' the Chief Justice from among ��n:s \Vhq holdjir hay� iield high-j4�icial office; . ' "-'-- � ' . " ,, (b) the tribunal shall investigate the matter and shall report to tile N atidnal ·Asseinbly wheiher:it finds the particulars of in'the 'illotion i� have beeri tile_ ajlegation� substantiated; and ' ipec\fie.ci · (c) the Presidetlt shall have Qie nghtfo appear and be repre 'senteil before the tribunal'during'ii's investigation of the allegations against him. · , ; : ' , , ' (4) If the tribunal reports to the National Assembly that the tribunal findir that the particulars of any allegation against the President specified in the motion have not'been substantiated no further proceedings shall be taken under'this Article in respect of that allegation. (5) If the tribunal reports to the National Assembly that the tribunai finds that the particulars of imy' allegatjon specified in a motion have been substantiated, the National Assembly may, on a motion supported by the votes of not less than three quarters of all Impearh mentof President for violation of Constitution , . Constituti, members of the Nationa been guilty of such viola be, such gross miscondu in office as President am: President shall cease to : passage of the resolutior (6) No proceedings Article at any lime when - 38 Verify source ↗
(1) If the office 1
AI-assisted research summary: The provision appears to say that if the President’s office becomes vacant or the President cannot perform the functions of office, another person may act as President until a new person assumes office under Article 34.
38. (1) If the office 1 his death or resignation 0 virtue of Article 36. 37 o: shall be held in accordanc the date of the office beo (2) Whenever the offi Vice-Presidentor, in the a President is unable, by n: discharge the functions 1 elected by the Cabinet sit Presid�nt until a person , Article 34 assumes office. (3) The Vice-President may be, performing the fu clause (2) shall not dissoh the advice of the Cabinet President. - 39 Verify source ↗
(I) Whenever the
AI-assisted research summary: The provision appears to let the Vice-President perform the President’s functions when the President cannot do so, and allows the National Assembly to trigger the President’s removal for constitutional violation or gross misconduct.
39. (I) Whenever the considers it desirable so to cause, he may by direction: or where the Vice-Presider of discharging the .functioz person, to discharge such 1i may specify, and the Viel !1ischarge those functions President. . (2) . If the President is inc )nlirm11y of discharging the cs of such a nature that the F person under this Article to ( a) the Vice-President (b) during anyperiod v Zambia or is hirr infirmity, unable such member of 1 shall perform the functions c Constitution o/Zambia (Amendment) [No. 18 or 1996 645 members of the National Assembly, resolve that the President has been guilty of such violation of the Constitution or, as the case may be, such gross misconduct as is incompatible with his continuarn:e in office as President and, if the National Assembly so resolves, the President shall cease to hold office on the third day following the pa�sage of the resolution. (6) No proceedings shall be taken or continued under this Article at any time when Parliament is dissolved. - 38 Verify source ↗
(1) If the office of President becomes vacant by reason of
AI-assisted research summary: If the President’s office becomes vacant, an election must be held within 90 days, and the Vice-President or a Cabinet member must act as President until the elected President takes office.
38. (1) If the office of President becomes vacant by reason of his death or 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. (2) Whenever the office of the President becomes vacant, the Vice-President or, in the absence of the Vice-President or if the Vice President is unable, by reason of physical or mental infirmity, to discharge the functions of his office, a member of the Cabinet electeil by the Cabinet shall perform the functions of the office of President until a person elected as President In accordance with Article 34 assumes office. (3) The Vice-Presidentor,thememberoftheCablnetasthecase may be, performing the functions of the office of President under clause (2) shall not dissolve the National Assembly nor, except on the advice of the Cabinet, revoke any appointment made by the President. Vacancy in office of the President - 39 Verify source ↗
(1) Whenever the President i� absent from Zambia or Dischargeof
AI-assisted research summary: The President may authorize the Vice-President or another person to carry out specified presidential functions, and the Vice-President or a Cabinet member must act in the President’s place in the listed incapacity cases.
39. (1) Whenever the President i� absent from Zambia or Dischargeof considers it desirable so to do by reqson of illness or for any other functloru, of cause, he may by direction in wnting, authorise the Vice-President, President or where the Vice-President is absent from Zambia o_r is Incapable during of discharging the functions of the office of President, any 011'.er •l:G=:e. person, to discharge such functions of the office of President as he may specify, and the Vice-President or such other person may discharge those functions until his authority is revoked by the President. illnoM etc. (2) If the President is incapable by reason of physical or mental infirmity of discharging the functions of his office and the infirmity is of such a nature that the President is unable to authorise another person under this Article to perform those functions--- ( a) the Vice-President; or (b) during any period when the Vice-President is absent from Zambia or is himself, by reason of physical or mental infirmity, unable to perfonn the functions of his office, such member of the Cabinet as the Cabinet shall elect; shall perform the functions of the office of the President: the the : the any ions e to neet j by tice: th?' lyl : the der ;hall rnot 1bly, ;- ;hall ,ther 10ng ,rt to .rsof \)et'n :pre f the t the : the d no ct of t the in a on a if all I I ' i 646 No. 18 of 1996] Constitution of Zambia (Amendment) Provided that any person perfonning the fW1ctions or the office of President under this clause shall not dissolve the National Assembly nor, except on the a�vice of the Cabinet, rev\)ke any appointment made by the President. (3) Any person performing the 'fui:ictions of the office of President' by virtue of clause (2) shalt ' cease to perfonn those functions if lie is notified by the Speaker that the President is abqut to resume those functions or if another person is elected as, and assumes the office o.f, President. (4) For the purpose of clause(2), a certificate of the Chief Justice ' , that- (a) the President is incapable b)' reason of physical or mental infinnity of di_scharging the functio11s of his office and that the.infirmity is of such a nature that the President is unable to authorise another person under this Article lo perfonn those functions; or ·,' ' (b) the Vice-President is by reason of physical or mental_ infinnityunable to dlscharge ihe_functions of his office:' shall be ofno effect until such certificate is ratified by the National ' ,, ' • ' ' Assembly: . . . . Provided that any such certificate as is referred to in paragraph ' ( a) shall cease to have effect if th�,Speakernotifies any persori under clause (3) that the President is about to resume the functions of the officeofthe_Presidentorif anotherperson is elected as, and assumes the ofl'ice of, President. ' -,, . . _ .... ' ' ' : • - 40 Verify source ↗
A person assuming' th/office.of _!'resident shall, before
AI-assisted research summary: A person assuming the office of President must, before entering office, take and subscribe to the oaths prescribed by or under an Act of Parliament.
40. A person assuming' th/office.of _!'resident shall, before entering the office, take and subscribe to such oaths as may be prescribed by or u·nder an Act of Parliament. /. , . ' ",- .. - 41 Verify source ↗
(1) The Chief Justice shall be the Returning Officer for the
AI-assisted research summary: The Chief Justice is the Returning Officer for presidential elections, and the full bench of the Supreme Court decides certain questions about compliance with presidential election law and valid election under Article 34.
41. (1) The Chief Justice shall be the Returning Officer for the purpose of elections to the office of President. (2) Any quesiion Which may'aiise as to whether- (a) any provision of this Constitution or any law relating to election of a President has been complied with; (b) any person has been validly elected as President under Article 34; shall be referred to and detennined by the full bench of the Supreme Court. Oath of President Relllrning Officer. questions relating to elections ..... ' . Constituti£ , - 42 Verify source ↗
(1) The Pres id,
AI-assisted research summary: The President’s salary and allowances may not be reduced to the President’s disadvantage, and former Presidents are entitled to pension and other benefits prescribed by Parliament. The text also gives the President immunity from civil and criminal proceedings for official acts and states general Head of State powers.
42. (1) The Pres id, a� may be prescribed t charge on the general 1 (2) The salary and altered to his disadvarn (3) A person who h such.pension and such Parliament, and that pe general revenues of the , 43. (1) No civil pre against the person holdi, functions <if that office i him in respect of anythi, capacity. ' (2� Aperson holdirt& func!Ions of that office offence or be amenable 1 feSpectpf any act done or office or, as the case 1 functions of that office. , (3) A, person who ha: President shall not be amenableto the criminai act done or omitted 10 be c h� held 9ffice of Preside, resolution, detennined th, to the, interests of the Stat ,(4) Whe� provision i which proceedings of any perso�, the tenn of any pei taken mto account in calc, that law which detennine ll)�_nti'!ne£!, in clause (I) an, 44• (1) As the Head ol dignity and leadership al reasonably inc_idental to, th Government subject to the 1 the Laws of Zambia which administer and execute. (2} Without prejudice tc dent may preside over mee Constitution of Zambia (Amendment) [No. 18 or 1996 647 - 42 Verify source ↗
(1) The President shall receive such salary and allowances
AI-assisted research summary: The President is to receive salary and allowances set by an Act of Parliament, and former Presidents are to receive pension and gratuity set the same way.
42. (1) The President shall receive such salary and allowances as may be prescribed by an Act of Parliament; and they shall be a charge on the general revenues of the Republic. Salary ond aJlowances or President (2) The salary and allowances of the President shall not be altered to his disadvantage during his term of office. (3) A person who has held the office of President shall receive such.pension and such gratuity as may be prescribed by an Act of Parliament, and that pension and gratuity shall be a charge on the general revenues of the Republic. - 43 Verify source ↗
(I) No civil proceedings shall be instituted or continued
AI-assisted research summary: The President is protected from certain civil and criminal proceedings, and former Presidents are also protected unless the National Assembly resolves otherwise in a specified case.
43. (I) No civil proceedings shall be instituted or continued against the person holding the office of President or performing the functions of that office in respect of which reliefis claimed against him in respect of anything done oromitted to be done in his private capacity. Protection of President in respect of legal proceedings (2) A person holding the office of President or performing the functions of that office shall not be charged with any criminal offence or be amenable to the criminal jurisdiction of any court in respect of any act done oromined to be done during his tenure of that office or, as the case may be, during his perfonnance of the functions of that office. (3) A person who has held, but no longer holds, the office of President shall iiot be charged with a criminal offence or be amenable to the criminal jurisdiction of any court, in respect of any act done oromitted to be done by him in his personal capacity while he held office of President, unless the National Assembly has, by resolution, detennined that such proceedings would not be contrary to the interests of the State. (4) Where provision is made by law limiting the time within which proceedings of any description may be brought against any person, the term of any person in the office of President shall not be taken into account in calculating any period of time prescribed by that law which determines whether any such proceedings as are mentioned in clause ( I) and (3) may be brought against that person. - 44 Verify source ↗
(!) As the Head of State, the President shall perform with Functions of
AI-assisted research summary: The President has broad executive powers and related duties, including acting for government, appointing officials, signing proclamations, and taking certain actions subject to the Constitution and other laws.
44. (!) As the Head of State, the President shall perform with Functions of dignity and leadership all acts necessary or expedient for, or President reasonably incidental to, the discharge of the executive functions of Government subject to the overriding terms of this Constiiution and the Laws of Zambia which he is constitutionally obliged to protect, administer and execute. (2) Without prejudice to the generality of clause (I), the Presi dent may preside over meeti.ngs of the Cabinet and shall have the l ) 11 :r re :,e he to !er me -. . I I • I ' ' . ' . ' ' ' : ' ' ' ; I I 648 No. 18 of l996] Constitution of Zambia (Amendment) power, subject to this Constitution to--- (a) dissolve the National Assembly as provided in Article 88; (b) accredit, receive and recognise ambassadors, and to appoint ambassadors, plenipotentiaries, diplomatic representatives and consuls; (c) pardon or reprieve offenders, either unconditionally or subject to such conditions as he may consider fit; (d) negotiate and sigr:i international agreements and delegate the power to do so; (e) establish and dissolve such Government Ministries and departments subject to the approval of the National Assembly; (f) confer such honours as he considers appropriate on citizens, residents and friends of Zambia in consultation with interested and relevant persons and ·institutions; and (g) appoint such persons as are required by this Constitution or any other law to be appointed by him. (3) Subject to the provisions of this Constitution de111ing with assent to laws passed by Parliament and the promulgation and publication of such laws in the Gazelle, the,President shall have power to- (a) sign and promulgate any proclamation which by law he is entitled to proclaim as President; and (b) initiate, in so far as he considers it necessary and expedient, laws for submission and consideration by the National Assembly. (4) When any appointment to an office to be made by the President is expressed by any provision of this Constitution to be subject to ratification by the National Assembly- (a) the National Assembly shall not unreasonably refuse or delay such ratification but the question whether the National Assembly has so acted unreasonably shall not be enquired into by any court; (b) if such ratification is refused the President may appoint another person to the office in question and shall submit the appointment for ratification; or Constitution q, (c) if the National appointm ent it for the third li1 effect i rrcspcct fused, or is dcl; days. (5) Subject to the other other law, any person appo tulion or that other law ma (6) In the exercise of 31 this Article, the President s his own deliberate judgemc advice tenqercd by any oth (7) Nothing in this Artie! ring functions on persons 0 - 45 Verify source ↗
(1) There shall be
AI-assisted research summary: The Vice-President must perform functions assigned by the President, in addition to constitutional powers and functions.
45. (1) There shall be Republic. (2) The Vice-President sl amongst the members of the (3) Subject to the provi · President shall vacate that ofl �f the office of President. ( 4) In addition to the pow, specified in this Constitu ".ice-President shall perform him by the President. (5) The salary and allow such as may be prescribed bJ charge on the gen�ral rcvcnu - 46 Verify source ↗
(I) There shall be su
AI-assisted research summary: The President must use his own deliberate judgment when exercising functions under this Article, and may remove persons appointed by the President, subject to other constitutional and legal provisions.
46. (I) There shall be su the President. (2) Appointment to the of amongst members of the Nati (�) A Minister shall be res President, for such business adm!nistrationofany Ministri, . President may assign to such I (4) The salaries and allow: may be prescribed by an Act of the general revenues ·or the Re • • Constitution o/Zambia (Amendmen{) [No. 1 8 or 1996 649 (c) if the National Assembly refuses to ratify the second appointment it shall be invited to ratify an appointment for the third time but the third appointment shall take effect irrespective or whether such ratification is re fused, or is delayed for a period of more than fourteen days. (5) Subject to the other provisions of this Constitution and any other law, any person appointed by the President under this Consti tution or that other law may be removed by the President. (6) In the exercise of any functions conferred upon him under this Article, the President shall, unless he otherwise obliges, act in his own deliberate judgement and shall not be obliged to follow the advice ten�ered by any other person or authority. (7) Nothing in this Article shall prevent Parliament from confer ring functions on persons or authorities other than the President. - 45 Verify source ↗
(1) There shall be an office of Vice-President or the Vice
AI-assisted research summary: The President appoints the Vice-President from among National Assembly members, the Vice-President leaves office when someone assumes the presidency, and the Vice-President must perform any functions assigned by the President.
45. (1) There shall be an office of Vice-President or the Vice- Republic. President (2) The Vice-President shall be appointed by the President from amongst the members of the National Assembly. · I (3) Subject to the provisions or this Constitution the Vice- President shall vacate that oflicc upon the assumption by any person or the office of President. ·· (4) In addition to the powers and functions of the Vice-President specified i n this Constitution or under any other law, the Vice-President shall perform such functions as shall be assigned to him by the President. (5) The salary and allowances of the Vice-President shall be such as may be prescribed by an Act of Parliament; and shall be a charge on the gen.era! revenues or the Republic. - 46 Verify source ↗
(I) There shall be such Ministers as may be appointed by Minister
AI-assisted research summary: The President appoints Ministers from among National Assembly members, and Ministers carry out government business assigned by the President.
46. (I) There shall be such Ministers as may be appointed by Minister the President. (2) Appointment to the office of Minister shall be made from amongst members of the National Assembly. (3) A Minister shall be responsible, under the directions or the President, for such business of the Government including the administration of any Ministry or Department of Government as the Presiden_t may assign to such Minister. . (4) The salaries and allowances of a Minister shall be such as may be prescribed by an Act of Parliament, and shall be a charge on the general revenues or the Republic. • 88; to atic 1 or gate and :,nr1- on 1tion ons; 1tion with and have he is lient, ion f the to be se or r the 11 not ,point 1bmit . . 650 No. 18 of 1996] Constitution of Zambia (Amendment) Provincial l)cputy Minister and Deputy Minister - 47 Verify source ↗
(I) The President may appoint such Deputy Ministers as he
AI-assisted research summary: The President may appoint Deputy Ministers, Provincial Deputy Ministers must administer any province assigned to them, appointments must come from National Assembly members, and their pay is set by Parliament.
47. (I) The President may appoint such Deputy Ministers as he may consider necessary to assist Ministers in the performance of their functions and to exercise or perform on behalf of Ministers such of the Ministers' functions as the President may authorise in that behalf. (2) A Provincial Deputy Minister shall be responsible for the administration of any province as the President may assign to such Provincial Deputy Minister. (3) Appointment to the office of Provincial Deputy Minister and Deputy Minister shall be made from amongst members of the National Assembly. (4) The salaries and allowances of Provincial Deputy Minister and Deputy Ministers shall be such as may be prescribed by an Act of Parliament, and shall be a charge on the general revenues of the Republic. - 48 Verify source ↗
Section 48
AI-assisted research summary: A Vice-President, Minister, or Deputy Minister may not start performing office duties until the required oaths have been taken and subscribed.
48 . . A Vice-President, Minister or Deputy Minister shall not enter upon the duties of his office unless he has taken and subscribed to the oath of allegiance and such other oath for the due execution of his office a� may be prescribed by orunderan Act of Parliament. - 49 Verify source ↗
(I) There shall be a Cabinet which shall consist of the
AI-assisted research summary: Cabinet is made up of the President, Vice-President, and Ministers; the President presides at Cabinet meetings, the Vice-President presides when the President is absent, and Cabinet can act despite vacancies.
49. (I) There shall be a Cabinet which shall consist of the President, the Vice-President and the Ministers. (2) There shall preside at meetings of the Cabinet- ( a) the President; or (b) in the absence of the President, the Vice-President. (3) The Cabinet may act notwithstanding any vacancy in its membership. - 50 Verify source ↗
The Cabinet shall formulate the policy of the government
AI-assisted research summary: The Cabinet must formulate government policy and advise the President on government policy and any other matters the President refers to it.
50. The Cabinet shall formulate the policy of the government and shall be responsible for advising the President wilh respect to the policy of the Government and with respect to such other matters as may be referred to it by the President. - 51 Verify source ↗
The Cabinet and Deputy Ministers shall be accountable
AI-assisted research summary: The Cabinet and Deputy Ministers must be collectively accountable to the National Assembly.
51. The Cabinet and Deputy Ministers shall be accountable collectively to the National Assembly. - 52 Verify source ↗
All Ministers and Deputy Ministers shall conduct them
AI-assisted research summary: All Ministers and Deputy Ministers must conduct themselves. The Secretary to the Cabinet appears to have duties linked to the Public Service and Cabinet minutes, plus other functions assigned by law.
52. All Ministers and Deputy Ministers shall conduct them- Constitution of; (2) The Secretary to the , (a) be the Head of the J to the President fi Public Service; (b) have charge of c accordance with President, for an the minutes of th, made in Cabinet · (c) have such other func an Act of Parliam - 54 Verify source ↗
(I) There shall bean
AI-assisted research summary: This section establishes the Attorney-General and says the office has listed functions, including drafting bills, handling government documents and agreements, representing the Government in proceedings, and doing other assigned functions.
54. (I) There shall bean. shall, subject to ratification b• by the President and shall � (a) an ex-officio memb (b) the principal legal a (2) Without prejudice to tl the functions of the Attorney (a) cause the drafting of presented to Parli, (b) draw and peruse agr _lions and documen the Government i: Government has ai (c) represent the Gover proceedings to whi (d) perform such other fu the President or by (3) Subject to the other I agreement, contract, treaty, cc name called, to which Govern, the Go vemment as an interest h advice of the Attorney-Genera such conditions as Parliament (4) A person shall not be qu , of Attorney-General unless he i · (5) The office of Attorney-< holder of the office is removed selves, during their tenure of office, in accordance with a code of of the High Court. conduct promulgated by Parliament. - 53 Verify source ↗
(1) There shall be a Secretary to the Cabinet whose office
AI-assisted research summary: A Secretary to the Cabinet must be appointed by the President, subject to ratification by the National Assembly, and must carry out listed cabinet and public service functions.
53. (1) There shall be a Secretary to the Cabinet whose office shall be a public office and who shall, subject to ratification by the National Assembly, be appointed by the President. • Oath of Vicc Prcsidcnt. Minister and Deputy Ministers Cahinet Functions of Cahinct Accountabil ity of Cahinet and Deputy Ministers Code of conduct Secretary to Cabinet ' . Constitution of Zambia (Amendment) I [No. 18 of 1996 651 (2) The Secretary to the Cabimi"t shall- ( a) be the Head of the Public Service and shall be responsible to the President for securing the general efficiency of the Public Service; (b) have charge of Cabinet Office and be responsible, in accordance with the instructions given to him by the President, for arranging the business for, and keeping the minutes of the Cabinet and for conveying decisions made in Cabinet to the appropriate authorities; and ( c) have such other functions as may be prescribed by orunder an Act of Parliament or as the President may direct. - 54 Verify source ↗
(1) There shall be an Attorney-General of the Republic who
AI-assisted research summary: This section creates the Attorney-General’s office, says the President appoints the Attorney-General with National Assembly ratification, and sets out the office’s main legal functions and qualification rule.
54. (1) There shall be an Attorney-General of the Republic who shall, subject to ratification by the National Assembly, be appointed by the President and shall be- Attorney General I - -s as he iI1CC of nistcrs ,rise in for the :o such linister ; of the lini an ru.a. s of the 1all not scribed :cution iarnent. of the y in its mm�fiL ;peel to maucrs uniable (a) an ex-officio member of the Cabinet; and (b) the principal legal adviser to the Government. (2) Without prejudice to the general functions under clause ( I), the functions of the Attorney-General shall be 10-- (a) cause the drafting of ,and sign, all Government Bills to be presented to Parliament; (b) draw and peruse agreements, contracts, treaties, conven tions and documents, by whatevername called, to which the Government is a party or in respect of_ which the Government has an interest; (c) represent the Government in courts or any other legal proceedings to which Government is a party: and (d) perform such other functions as may be assigned to him by the President or by law. (3) Subject to the other provisions of this Constitution, no agreement, contract, treaty, convention or document by whatever name called, to which Government is a party or in respect of which the Government has an interest, shall be concluded without the legal advice of the Attorney-General, except in such cases and subject to such conditions as Parliament may by law prescribe. I them- code of (4) A person shall not be qualified to be appointed to the office of Attorney-General unless he is quali fled for appointment as Judge . of the High Court. (5) The office of Attorney-General shall become vacant if the e office holder of the office is removed from office by the President. 1 by the . . \ . · , • 652 No. 18 of 1996] Constitution o(Zambia (Amendment) ' , (6) The person holding the office of Attorney-General may resign upon giving three months' notice to the President. (7) In the exercise of the power to give direc_tions to the Director of Public Prosecutions conferred by clause (7) of Article 56, the Attorney-General shall not be subject to the direction or control of any other person or authority. - 55 Verify source ↗
(I) There shall be a Solicitor-Qeneral of the Republic
AI-assisted research summary: The President appoints the Solicitor-General, subject to National Assembly ratification. The office is a public office, there is a qualification rule for appointment, the office can become vacant if removed by the President, the holder may resign on three months’ notice, and the Solicitor-General may act for the Attorney-General in specified cases.
55. (I) There shall be a Solicitor-Qeneral of the Republic whose office shall be a public office and who shall, subject, to ratification by the National Assembly, be appointed by the Presi dent. (2) A person shall not be,qualified to be appointed to the office of Solicitor-General unless he is qualified for appointment as a Judge of the High Court. (3) The office of Solicitor-G-eneral shall become vacant if the ,\ holder of the office is removed from office by the President. ( 4) The person holding the office of Solicitor-General may resign upon giving three' m'on!hs notice 1ci't11e President (5) Anypower or duty imposed on the Attorney-General by this Constitution or any other, wtftten law may be exercised or per formed by the Solicitor-General-· (a) whenever the Attorney-General is unable to act owing to illness or absehce: and (b) in any case where theAttomey-General has authorised the Solicitor-General to ilo'so. - 56 Verify source ↗
(1) There shall be a Director of PubUc Prosecutions and
AI-assisted research summary: This provision creates the Director of Public Prosecutions, sets appointment conditions, and gives the office power over criminal proceedings.
56. (1) There shall be a Director of PubUc Prosecutions and who shall; subject to ratification by the National Assembly, be appointed by the President , (2) A person shall not be qualified to be appointed to the office ofDirectorof Public Prosecutions unless he is qualified for appoint ment as Judge of the High Court with experience biased towards criminal law. I . . (3) The Director of Public Prosecutions shall have power in any case which he considers it desirable so to do-- (a) to institute and undertake criminal proceedings against any person before any court, other than a court-martial, in respect of any offence alleged to have been committed by that person; (b) to take over and continue any such criminal proceedings as have been instituted or undertaken by any other person or authority; and Solicitor� General Director of Public Prosecutions •, . Constitution (c) to discontinue,, any such crin by himself or ( 4) The powers of th, clause (3) may be exerc officerorclass ofpublicc in accordance with his g1 Provided that nothing talion of the Director ofJ legal practitioner. (5) The powers confer. by pa,rag�aphs (b) and (c) , exclu�ion, 9f ari)'. o�er pe, (6) For the purposes of men.t in any criminal pro s�ated or question of law 'proceedings, to anyotherc of those proceedings: " , " ,,• ' !( ' Prov/ded that the powc Prosecutions by paragraph . i_-elation to any appeal b) proce,edingifor 16 any case . instance of such a person. (7) In the exercise of 1 Article, the Director of Pub the direction or control of a Provided th�t when the e ·may, in the judgem'ent of involve general considerati Public Prosecutions shall Attorney-General and shall i 10 that case, act in accordanc General. 57 • Whenever the Dire1 from Zambia or the Preside reason of the illness of the Dir o ther cause, he may on the ad _ s1on appoint any person 10 di of Public Prosecutions until ! Constitution of Zambia (Amendment) [No. 18 or 1996 653 (c) to discontinue, at any stage before judgement is delivered, any such criminal proceedings instituted or undertaken by himself or any other person or authority. (4) The powers of the Director of Public Prosecutitim\s under clause (3) may be exercised by him in person or by such public oflicerorclass ofpublic officers as may be specified by him, acting, in accordance with his general or special instructions: Provided that nothing in this clause shall preclude the represen tation of the Director of Public Prosecutions before any court by a legal practitioner. (5) The powers conferred on the Directorof PublicProsecutidns by paragraphs (b) and (c) of clause (3) shall be vested in him to the . . . exclu.sion of any other person or authority: (6) For the purposes of this Article, any appeal from any judge ment in any. criminal proceedings before any. court, or any case ·stated or question of law reserved_ for the pU:rposes of any such 'proceedings, to ahy othercotirtinZambiashalJ be deeined to be part :of those proceedings: Provided that the power conferred on the Director of Public Prosecutions by paragraph (c) of clause (3) shall not be exercised in relation to any appeal by a person convicted in any criminal · proceedings or to any case stated or question oflaw reserved at the instance of such a person. . (7) In the exercise of the powers conferred on him by this 'Article, the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority: ' Provided that when the exercise of any such power in any case may, in the judgement of the Director of Public Prosecutions involve general consideration of public policy; the Di rector of Public Prosecutions shall bring the case to the notice of the Attorney-General and shall in.the exercise of his powers in relation to that case, act in accordance with any directions of the Attorney General. - 57 Verify source ↗
Whenever the Director of Public Prosecutions is absent
AI-assisted research summary: If the Director of Public Prosecutions is absent or ill, the President may appoint someone to carry out the office’s functions, on the advice of the Judicial Service Commission.
57. Whenever the Director of Public Prosecutions is absent from Zambia or the President considers it desirable so to do by reason of the illness of the Director of Public Prosecutions or for any other cause, he may on the advice of the Judicial Service Commis sion appoint any person to discharge the functions of the Director of Public Prosecutions until such appointment is revoked. Discharge of functions of Director of Public Prosoc:utions during absence, illness. etc. • - I may 1rector i6, the ,trol of :public eel, to Presi- : office nt as a 11 H -� - 11 Verify source ↗
Section 11
AI-assisted research summary: This section appears to concern the tenure of office of the Director of Public Prosecutions, but the text is too garbled to extract a clear rule.
11. al may I by this or per- wing to ised the ons and Jb\y, be 1e office ap: towarns er in any ainstany artial, in 1mmitted edings as er person ' . 654 No. 18 of 1996) Constitution of Zambia (fitmendment) Tenure of office of Director of Public Prosecutions - 58 Verify source ↗
(I) Subject to the provisions of this Article. a person hold
AI-assisted research summary: The Director of Public Prosecutions must vacate office at age 60, subject to this Article.
58. (I) Subject to the provisions of this Article. a person hold ing the office of Director of Public Prosecutions shall vacate his office when he attains the age of sixty years. (2) A person holding the office of Director of Public' Prosecu tions may be removed from office only for incompetence or inability to perform the functions of his office whether arising from infirmity of body or mind or misbehaviour and shall 'not be so removed except in. accordance with the provisions of this Article. (3) If the President considers that the question of removing a person holding the office of Director of Public Prosecutions from office ought to be investigated, then- J · Constitution (b) grant to any P< specified pcri imposed on tJ (c)substitute a Jessi ment imposed (d) remit the whole 1 person for anJ confiscation o count of any o - 60 Verify source ↗
(1) There shall be
AI-assisted research summary: The President must appoint a tribunal to investigate whether the Director of Public Prosecutions should be removed, and must remove the person if the tribunal advises removal.
60. (1) There shall be: of mercy which shall coru by'the President 0 · .. (a) he shall appoint a tribunal which shall consist, of a Chair man and not lesJ:tJian two other me·mbets, who hold or have held high judicial office; advise ilie President · · facts thereof to the President �nd . . '. whether the person holding the office o( D,irectpr of , Public Prosecutions ought to be removed from office under this Article for incompetence or inability or for -', • · · misbehaviour. ,(2) ]11,e President. may i committee for the purpose convicted by courts-marii: (b) the tribunal shali inquire into tiie'�atter and report.on the , relation to persons convict ,, member of the adv . plea.�ure ?fpie Pf1:Sident. (4) Where any person has , the Pre,sid�nt shall cause fu that person of the powers C< . at a meeting of the advisof) _(5)' Subject to the pr�visio to the advisory committee i powers conferred upon him (�) The President, if pres< (4) Where a tribunal appointed under clause (3) advise the · . · President that a person holding the office of Director of Public � Prosecutions ought to be removed from office for incompetence or ,_. inability or for misbehaviour, the Presideni shall r�move such i person from office. (3) A - -, , , . (5) If the question of removing a person holding the office of ; · Director of Public Prosecutions from office has been referred .to a : · tribunal under this Article, the Presi'dent may suspend that pernon ) from performing the functions of his office, and any such suspen- :: •. sion may at any time be revoked by the President and shall in any ; · case cease to have effeei if the tribunal advises the President that the person ought not to be removed from office. 1 . ' (6) A person appointed Director of Public Prosecutions may resign upon giving three months' notice to the President. Prerogative of mercy · 59. The President may- adv1�ory comm_ittee. (7) The President may de1 committee. · , . - 61 Verify source ↗
(i) Subject to the oth
AI-assisted research summary: The President has power to grant a pardon to a person convicted of an offence, including subject to lawful conditions.
61. (i) Subject to the oth any other law, the power to c the power to abolish any sucl (2) Subject to the other pn other_ law, the power to appo const�tut� for the Republic of exercise disciplinary control 0 offi�es and to remove any sucl President. • -- - ( a) grant to any person convicted of any offence pardon, either free or subject to lawful conditions; - 6 Verify source ↗
· Articles 62 and 78 inclu
AI-assisted research summary: This provision allows a person or authority to grant a respite from a punishment, replace it with a less severe punishment, or remit punishment and related penalties.
6- · Articles 62 and 78 inclu. and lhe following substituted 1 . , ���-':J.;...-.,:..J.-�-·-- "',..--·- -·-· Constitution of Zambia (Amendment) [No. 18 of 1996 65S m hold· cate his •rosecu cnce or ng from )! be so Article. 1oving a ms from a <�-�) ' hold or ,rt on the msident rector of ,m office ity or for :!vise the i of Public ictence or ove such offine of ; > a en 1at person h suspen- 1alt in any :ntthatthe tions may !. (b) grant to any pe!J>O_n a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence; (c) substitute a less severe form of punishment for any punish ment imposed on any person for any offence; and ( d) remit the whole or part of any punishment imposed on any person for any offence or any penalty or forfeiture or confiscation otherwise due to the Government on ac7 count of any offence. - 60 Verify source ↗
(I) There shall be an adv_isory committee on the prerogative
AI-assisted research summary: An advisory committee on the prerogative of mercy must be supported by presidential appointment and procedure-setting powers, and the President must have death-sentence cases considered by the committee.
60. (I) There shall be an adv_isory committee on the prerogative of mercy which shall consist of such persons as may be appointed by the President (2) The President may appoint different persons to the advisory committee for the purposes of advising him in relation to persons convicted by courts-martial and for purposes of advising him in relation to persons convicted by other courts. (3) A member of the advisory committee shall hold office at the plca�ure of the President. ( 4) Where any person has been sentenced to death for any offence the President shall cause the question of the exercise in relation to that person of the powers conferred by Article 59 to be considered . at a meeting of the advisory committee. (5) Subjectto the provisions of clause (4), the President may refer to the advisory committee any questions as to the exercise of the powers conferred upon him by Article 59. (6) The President, if present, shall preside at any meeting of the advisory committee. (7) The President may determine the procedure of the advisory committee. - 61 Verify source ↗
(I) Subject to the other provisions of this Constitution and
AI-assisted research summary: The President has the power to create and abolish offices for the Republic, and to appoint, confirm, discipline, and remove persons serving in those offices.
61. (I) Subject to the other provisions of this Constitution and any other law, the power to constitute offices for the Republic and the power to abolish any such offices shall vest in the President. (2) Subject to the other provisions of this Constitution and any other law, the power to appoint perso!}S to hold or act in offices constituted for the Republic of Zambia, to confirm appointments, to exercise disciplinary control over persons holding or acting in such offices and to remove any such person from office shall vest in the President. Advisory committee Offices for Republic don. either . - 6 Verify source ↗
Articles 62 and 78 inclusive of the Constitution are repealed
AI-assisted research summary: This section repeals Articles 62 to 78 inclusive of the Constitution and replaces them.
6. Articles 62 and 78 inclusive of the Constitution are repealed and the following substituted therefor, respectively: Repeal and replacement of Articles 62 to 18 ' . • .. .. __ ._,,_.::..i.-�. ,� · � ·- ·¼1,co _____ _;._ ' .... ,·';7"i' 656. No. 18 of1996j Constitution.of Zambia (Amendment) Constitution oj Legislative power and membership of Parlia ment Composition of and election to National Assembly Qualifica tions for election to National Assembly Disqualifica tions for election to National Assembly ... , .. . - 62 Verify source ↗
The legislative' power of.the Republic of Zambia shall vest
AI-assisted research summary: Legislative power of the Republic of Zambia vests in Parliament.
62. The legislative' power of.the Republic of Zambia shall vest in Parliament which shall consist of the President and the National Assembly. - 63 Verify source ↗
(I) The National Assembly shall consist of
AI-assisted research summary: The National Assembly is made up of 150 elected members, up to 8 nominated members, and the Speaker. Elections for members must be direct, by universal adult suffrage, by secret ballot, and follow the Constitution and any Act of Parliament.
63. (I) The National Assembly shall consist of ( a) one ,hundred and fifty elected members; (b) not more than eight nominated members; and . (c) the Speaker of the Na_tional Ass�mbly. . . (2) Subject to the other provisions of this Constitution, the election of members of the N�tional Assembly shall be _direct, by universal adult �uffrage·and.by secret ballot an<l'shall be conducted in accordance' wilh the provisions of this Constitution and as may be prescribed by or under an Act of Parliament. , - 64 Verify source ↗
Subject to. Article 65, a person shall be qualified' to be
AI-assisted research summary: A person is qualified to be elected as a member of the National Assembly if the person is a citizen of Zambia, is at least 21 years old, and is literate and conversant with Zambia’s official language.
64. Subject to. Article 65, a person shall be qualified' to be , , ,;. · · , l ' , l · ' elected as a·membcr �f the N�tlbnaf Asse�bly'if- • ' : • • .. r , ' " . . . . , ,.. , ' • ( a) he is a citizen of zambia; (b) he has attained the age of nveniy-one years; and (c) he is literate. and conversant with ihe official language of Zambia. . · - 65 Verify source ↗
(1) A person shall rtbt be qualit\ed to be elected as o1 member
AI-assisted research summary: The section lists when a person is not qualified to be elected to the National Assembly, and requires a Chief who wants to stand to give up the chieftaincy first.
65. (1) A person shall rtbt be qualit\ed to be elected as o1 member ' . of the National Assembly if---; . ( a) that person is_ 1;1nd�r <!- declaration of allegiance to some_ country other than Zambia; , ,- ; . .,. or otherwise declared to be of unsound mind; . (b) that person is under any law in force in Zambia,' adjudged . ' ( c) that person is under a sentence of death imposed on him by a coµrt i11, Zambi�. qr a senience of imprjsonnient, by whatever name called, imposed on him by such a court or substituted by a competent authority for some other sentence imposed 011_him by such a couri; . . . . (d) that person is an undischarged bankrupt,_ having been adjudged or otherwise declared bankrupt under any law in fqrce. in Zambia; (e) that person's freedom of movement is restricted, or that person is detained· under tlie authority of the law; or . (f) that person, within a )?!:riod of five years before his nomination for election, ,has served a sentence of impris onment' for a criminal offel)ce. . . N�_ (2) A person who holds an election for, the office o election as a in ember of th (3) A Chief shall not be c onal Assembly. (4) A Chief who intend: Assembly shall abdicate his tion. ·'d) P�rurient may prov in any office that is specifi whicli involve responsibiliti of any election to the Nati or regisier "of voters for the pu qualified to be elected as a 1 · :· (6)P�liainentmaypro�ic , ' CQ,urt of any offence· that is ,) ' C!>11Dected with election of ti i . or'who _is fepo.rted guilty of ! • el�tion petition shall not be ·· . . the National Assembly for i - fol_l_o�ing,his conviction or t . �\ as,:may'be so prescribed. · . . q) A persop holding or i ment- ·. · ( a) in the Zambia Dcfe Act, the Combine ,Service, or any otl preservation of se . . ' . �- (b) in the Zambia Polic the Zambia Secu · Corruption Com Commission, the :; · force or service , security in Zambii (c) in the Public Service 61 applies; ( d) in the Teaching Serv (e) in any statutory bod which the Goveffill - , < • • , ' . < ' .,' . - 1 vest ional n, the :ct, by :lucted 1· 10 be uage of nember :o some djudged � a court ne other ng been : any law 1, or that aw; or �fore his ,fimpris- Constitution of Zambia (Amendment) [No. 18 or 1996 657 (2) A person who holds, or is a validly nominated candidate in an election for, the office of the President shall not be qualified for election as a member of the National Assembly. (3) A Chief shall not be qualified for election as a member of the National Assembly. ( 4) A Chief who intends to stand for elections to the National Assembly shall abdicate his chieftaincy before lodging his nomina tion. . (5) Parliament may provide that a person who holds or is acting in any office that is specified by Parliament and the functions of which involve responsibility for, orin connection with, the conduct of any election to the National Assembly or the compilation of any regisier of voters for the purposes of such an election shall not be qualified to be elected as a member of the National Assembly. (6) Parliamentmayprovide that a person who is convicted by any court of any offence that is prescribed by Parliament and that is connected with election of the members of the National Assembly or who is reported guilty of such an offence by the court trying an election petition shall not be qualified to be elected as a member of .the National Assembly for such period, not exceeding live years following his conviction or the report of the court, as the case may be, as may be so prescribed. (7) A person holding or acting in any post, office of appoint ment- (a) in the Zambia Defence Force as defined in the Defence Act, the Combined Cadet Force, the Zambia National Service, or any other force or service established for the preservation of security in Zambia; (b) in the Zambia Police Force, the Zambia Police Reserve, the Zambia Security Intelligence Service, the Anti . Corruption Commission, the Drug Enforcement Commission, the Zambia Prison Service or in any other force or service established for the preservation of security in Zambia; (c) in the Public Service including an office to which Article · - · · - ·· 61 applies; ( d) in the Teaching Service; (e) in any statutory body or any company or institution in which the Government has any interest; or I: I. I I , I ' I : • 658 No. 18 of 1996) Constitution of Zambia (Amendment) (f) prescribed in !hat behalf or under an Act of Parliament; shall not be qualified for election as a member of the National Assembly. (8) In this Article, !he reference to a sentence of imprisonment shall be construed as not including a sentence of imprisonment the execution ofwhi°ch is suspended ora sentence of imprisonment in default of payment of a fine. Constitution 11 - 69 Verify source ↗
(1) There shall be
AI-assisted research summary: This section appears to deal with electing the Speaker and related conditions, but the text is heavily garbled and incomplete.
69. (1) There shall be shall be elected by the n persons who are qualified 1 but are not mcm bers of 1h (2) The Speaker shall · (a) if any cireumstar would disquali. (b) when lheNationa of !he National (c) if !he National A ported by !he v< members lherec ' . . ' - 66 Verify source ↗
(I) Nominations for election to the National Assembly
AI-assisted research summary: Nominations for election to the National Assembly must be delivered to the Returning Officer on the day, time, and place set by the Electoral Commission, and a nomination is not valid unless required legal conditions are met.
66. (I) Nominations for election to the National Assembly shall be delivered to the Returning Officer appointed by the Elec toral Commission on such day and at such time· and at such place as ··_: may be prescribed by the Electoral Commission. · .] .. � . (2) Any nomi11ation for election to the National Assembly shall i •• ·,., not be valid unless- under,an_1ct of Parliament; and . (3) No business shall b other lhan an election to lhf (a) the candidate has paid !he electio,n fees prescribed by or ' office of Speaker is vacant - 70 Verify source ↗
(1) There shall be a
AI-assisted research summary: A by-election must be held within 90 days after a vacancy occurs, and Parliament may prescribe how by-elections are held.
70. (1) There shall be a (b) the nomination is supported by not less than nine persons . bly who shall be elected b registered as voters in !he constituency in which the • 1 among the members of the candidate is standing for !he purpose of elections to the ' - (2) The members oflhe - to the office of Deputy Spe National Assembly. 67: (1) When a vacancy occurs in !he seat of a member of the . 1 any dissolution oftheNatim vacant olherwise lhan by re •· -Assembly, at the first sitti National Assembly as a result of the death or resignation of the , memberorbyvirtuc of Article 71, a by-election shall be held wilhin _ ninety days after the occurrence of the vacancy. / _ (2) Parliament may-by an Act of Parliament prescribe the manner in which a by-election shall be held. - 68 Verify source ↗
(1) The Preside�! inay, at any time after a general election
AI-assisted research summary: The President may appoint nominated members of the National Assembly after a general election and before the next dissolution, but there cannot be more than eight at one time.
68. (1) The Preside�! inay, at any time after a general election to the National Assembly and before !he National Assembly is next dissolved, appoint such number of persons as he considers neces sary to enhance !he representation in the National Assembly as regards special interests or skills, to be nominated members of the National Assembly, so, however, !hat there arc not more lhan eight such members at any one time. (2) Subject to the provisions of this Article, _a person may be appointed as a nominated member if he is qualified under Article 64 for election as an elected member and is not disqualified under Article 65 for election as an elected member. (3) A person may not be appointed as a nominated member ifhe was candidate for election in !he last preceding general election or in any subsequent by-election. becomes vacant. (3) The Deputy Speaker (a) if he ceases to be a (h) ifhe assumes !he of President, a Mini: in any office pres, of Parliament; or (c) if !he National A: removed-from oil - 71 Verify source ↗
(I) Every member c
AI-assisted research summary: The text appears to refer to rules about National Assembly membership around dissolution and loss of membership, but the source is incomplete and garbled.
71. (I) Every member c exception of the Speaker, sha a dissolution of !he National (2) A memberoflhe Nati !he Assembly- (a) if he ceases to be a , (b) ifhe acts contrary to Act of Parliament; Nomination for election to National Assembly B y-elecfion for the National Assembly Nominated members - . · Constitution of Zambia (Amendment) [No, 18 or 1996 659 - 69 Verify source ↗
(1) There shall be a Speaker or the National Assembly who Spealcer
AI-assisted research summary: The Assembly must elect a Speaker from among eligible non-members, and the Speaker must leave office in stated circumstances. While the Speaker’s office is vacant, the Assembly may do no business except elect a Speaker.
69. (1) There shall be a Speaker or the National Assembly who Spealcer shall be elected by the members of the Assembly from among persons who are qualified to be elected as members of the Assembly but arc not members of the Assembly. (2) The Speaker shall vacate his office- (a) if any circumstances arise that, if he were not Speaker, would disqualify him for election as such; (b) when the National Assembly first sits after any dissolution of the National Assembly; or (c) if the National Assembly resolves, upon a motion sup ported by the votes of not less than two-thirds of all the members thereof, that he shall be removed from office. (3) No business shall be transacted in the National Assembly, ,. · other than an election to the office of Speaker, at any time when the office of Speaker is vacant. - 70 Verify source ↗
(1) There shall be a Deputy SpeakeroftheNational Assem
AI-assisted research summary: The National Assembly must elect a Deputy Speaker, and the Deputy Speaker must leave office if specified conditions occur.
70. (1) There shall be a Deputy SpeakeroftheNational Assem bly who shall be elected by the members of the Assembly from among the members of the Assembly. Deputy Spealcer 11) 1rliamcnt; 1c National prisonment onmcnt the sonmcnt in Assembly ,y the Elcc- 1ch placc as embly shall ribcd by or inc persons , which the :tions to the (2) The members of the National Assembly shall elect a person . to the office of Deputy Speaker when the Assembly first sits after any dissolution of the National Assembly and, if the office becomes m ber of the vacant otherwise than by reason of the dissolution of the National ltion of the .' · -Assembly, at the first sitting of the Assembly after the office held within becomes vacant. the manner :ral ... t .... �tion next nbl dcrs neces .sscmbly as �bers of the ·c than eight mn may be :r Article 64 !ilicd under 1ember ifhe I election or (3) The Deputy Speaker shall vacate his office- (a) if he ceases to be a member of the National Assembly; (b) ifhe assumes the office of President or becomes the Vice Prcsidcnt, a Minister, a Deputy Minister or holds or acts in any office prescribed in that behalf by or under an Act of Parliament; or (c) if the National Assembly resolves that he should be removed-from office. - 71 Verify source ↗
(1) Every member of the National Assembly, with the
AI-assisted research summary: Members of the National Assembly must vacate their seats in specified situations, including dissolution, loss of Zambian citizenship, misconduct against the code of conduct, party changes in certain cases, becoming President, or certain criminal sentences. The Speaker is excepted from the dissolution rule.
71. (1) Every member of the National Assembly, with the exception of the Speaker, shall vacate his seat in the Assembly upon a dissolution of the National Assembly. (2) A memberofthc National Assembly shall vacate his seat in the Assembly- (a) ifhe ceases to be a citizen of Zambia; (b) if he acts contrary to the code of conduct prescribed by an Act of Parliament; -�,- � -._ .. ,,,. /- ' , . • . . Tenure of office of members of Nalional Assembly • ' 660 \ No. 18 or l996] Constitution of Zambia (Amendment) (c) in the case of an elected member, ifhe becoines a member of a political party other than the party of �hich he was .(, an authorised c;andidate when he was e)bcted to the ., National Assembly or, if having been an independent ! · candidate, he jo!ns a political pai;ty or having been a mem berofa politic al party, lie beoomes an independent; i ' (ti) ifhe as'stimes ihe office of Pn:sideni; (e) if he; is sentenced by a court in Zambia to death or to ,; imprisonment, by whatever name called, for a term j ): exceeding six months; . . Constitution oJ of Article 65, he st a member of the I' ously resigned, an for the period durir by reason ofthe pr - 72 Verify source ↗
(1) The High Coun
AI-assisted research summary: This section appears to concern Assembly membership questions and an appeal to the High Court, but the source text is badly corrupted.
72. (1) The High Coun any question whether- . , . · _ . xce�s six months; or has been detained for a continuous period ·ex- � • . :, : ceeding six months; (f) if any circumstances arise that, ifhe were not a member of · the Assembly, would cause. him to be disqualified for :1 election a:s stich tinder Article 65; t i � (g) if, under the authority of any such law as is referred to in -� • · Article 22 or 25- · · ¾ (i) his freedom of movement has been restricted orhe 1 · (a) any person has t member of the member has bee (b) any person has be Speaker of the elected, has va, Speaker. (2) An appeal from the • . this Article �ha]J lie to the : (ii) his freedom �finov�me�t has been restricted anl) ·-�· - Provided that an appeal ' he has immediately· thereafter been detained ;, · , determination of the High , and th� total period of restriction and detention ;' . · the interpre\atiol!.\lf.this Cc together·�. - 73 Verify source ↗
There shall be a Cl
AI-assisted research summary: This provision appears to deal with a member of the National Assembly being detained or having freedom of movement restricted, including a rule tied to a total period exceeding six months.
73. There shall be a Cl has been_i1,etai_ned and immediately thereafter ,, . other offices' in the depa· (iii) he _ his freedom of movement has been. restricted ., Assembly as may be presci and theto�al perlod ofdetention and restriction ; "d . � resi ent may, together exceeds six months. j ,' of any nommated member i (3) Notwithstanding anything contained in clause (2), where :· any other person in that me . any memberofthe National Assembly has been sentenced to death , - 7S Verify source ↗
(1) . Every citizen 01
AI-assisted research summary: Citizens aged 18 may be entitled to be registered as voters, and a disqualifying decision does not take effect while an appeal or free pardon application is pending until final determination.
7s. (1) . Every citizen 01 , mind, : or imprisonment, adjudged or declared to be of unsouhd adjudged or declared bankrupt or convicted or reported guilty of : eighteen-years shall, unless any offence 'prescribed under clause (4) of Article 65 appeals i . regisfration ·as a voter for th against the decision or applied for a free pardon in accordance with ,, . Assembly, be 'entitled to be in that behalf, and no other any law, the decision shall not have any.effect for the purpose of this ', Article until the final determination of such appeal or· application: " · h . - - rson w 01s1 ·1 for the purposes of elections he is disqualified by Parliam exercise his functions or receive any remuneration as a ; grounds of his having been : with elections or, on the gro, member of the National Assembly; and (ii) if, on the final determination the member's appeal or·· 1 of_such an offence by°the cm application, his conviction is set aside, or he is granted a ' grounds of his being in Iawfi �ntitled so to vote in that free pardon, or is declared not to be of unsound mind or p'rovisions made by or und< bankruptorguilty ofan offenceprescribed underclause(4) person may so vote. (i) such member shall not, pending such final determination, ; · 74 Th p' • Provided that- (2) Every pc � . . . , - · . . Constitution oJZambia (Amendment) [No. 18 or t996 661 of Article 65, he shall be entitled to resume his functions as a member of the National Assembly unless he has previ ously resigned, and to receive remuneration as a member for the period during which he did not exercise his functions by reason of the provisions of paragraph (i) of this proviso. - 72 Verify source ↗
(1) The High Court shall have power to hear and determine
AI-assisted research summary: The High Court may hear and determine questions about the election, nomination, vacancy, or vacation of office of National Assembly members, Speaker, or Deputy Speaker, and appeals from its determinations go to the Supreme Court.
72. (1) The High Court shall have power to hear and determine any question whether-- (a) any person has been validly elected or nominated as a member of the National Assembly or the seat of any member has become vacant; (b) any person has been validly electerl as Speaker or Deputy Speaker of the National Assembly or, having been so elected, has vacated the office of Speaker or Deputy Speaker. (2) An appeal from the determination of the High Court under this Article shall lie to the Supreme Court: Provided that an appeal shall lie to the Supreme Court from any determination of the High Court on any question of law including . the interpretation 9f this Constitution. - 73 Verify source ↗
There shall be a Clerk of the National Assembly and such
AI-assisted research summary: There must be a Clerk of the National Assembly, and additional offices in that department may be created if prescribed by an Act of Parliament.
73. There shall be a Clerk of the National Assembly and such other offices in the department of the Clerk of the National Assembly as may be prescribed by an Act_of Parliament. - 74 Verify source ↗
The President may, at ariy time, terminate the appointtnent
AI-assisted research summary: The President may, at any time, end the appointment of a nominated member appointed under Article 68 and replace that person with someone else.
74. - The President may, at ariy time, terminate the appointtnent of any nominated member appointed under Article 68 and appoint any other person in that member's stead . - 75 Verify source ↗
(1) Every citizen of Zambia who' has attained the age of
AI-assisted research summary: Some Zambian citizens aged 18 or over may register and vote in National Assembly elections unless Parliament disqualifies them.
75. (1) Every citizen of Zambia who' has attained the age of eighteen years shall, unless he is disqualified by Parliament from registration as a voter for the purposes of elections to the National Assembly, be entitled to be registered as such a voter under a law in that behalf, and no other person may be so registered. Determina tion of questions as to member ship of National Assembly Clerk and Slllff of National Assembly Removal of nominated member by President The francise (2) Every person who is registered in any constituency as a voter for the purposes of elections to the National Assembly shall, unless he is disqualified by Parliament from voting in such elections on the grounds of his having been convicted of an offence in connection with elections or, on the grounds of his having been reported guilty of such an offence by U,e court tryirig an election petition or, on me ·grounds ofhis being in lawful custody at me date of me election, be · entitled so to vote in U,at constituency in accordance wiU, me provisions made by or under an Act of Parliament, and no other person may so vote . member 1 he was d to the :pendent i been a ;x:ndent; 1th or to : a term :mberof ified for ted orhe � :nod ex- cted and detained letention � 1ereafier J cstricted ' :striction ; ), where ·': . to dcath 1d mind, ., guilty of / 1s I a1 no., ._Ji scof this 11ication: nination, :ion as a ppeal or :ranted a mind or :lause (4) . . • ' • ,., ' . � .. ··•"'- .c 662 No. 18 of 1996] Constitution a/Zambia (Amendment) - 76 Verify source ↗
(I) There is hereby established an autonomous Electoral
AI-assisted research summary: An autonomous Electoral Commission is established to oversee voter registration, run Presidential and Parliamentary elections, and review constituency boundaries.
76. (I) There is hereby established an autonomous Electoral Commission to supervise the registration of voters, to conduct Presidential and Parliamentary elections and to review the bound aries of the constituencies into which Zambia is divided for the purposes of elections to the National Assembly. (2) An Act of Parliament shall provide for the composition and operations of the Electoral Commission appointed by the President under this Article. . - 77 Verify source ↗
(I) Zambia shall be divided into constituencies, for pur
AI-assisted research summary: The section requires Zambia to be divided into constituencies for National Assembly elections and gives the Electoral Commission boundary-setting and review responsibilities.
77. (I) Zambia shall be divided into constituencies, for pur poses of elections to the National Assembly so that the number of such constituencies; the boundaries of which shall be such as the Electoral Commission prescribes, shall be equal to the number of seats of elected members in National Assembly. (2) In delimiting the constituencies, the Commission shall have regard to the availability of means of communication and the geographical features of the area to be divided into constituencies: Provided that the constituencies shall be so-delimited that there shall be at least ten constituencies in each administrative Province. (3) Each constituency shall return one member only to the National Assembly. (4) The boundaries of each constituency shall be such that the number of inhabitants thereof is as near�y equal to the population quota as is reasonably practicable: Provided that the number ofinhabitants of a constituency may be greater or less than the population quota in order to take account of means of communication, geographical features and the difference between urban and rural ares in respect of density of population and to take account of the proviso to clause (2). (5) The Electoral Commission shall, where it is reviewing the boundaries of the constituencies, review the boundaries and may, in accordance with the provisions of this Article, alter the constituen cies to such extent as it considers desirable: Provided that the Commission shall, where a census of the population has been held and the Commission considers that the changes in the distribution of population reported in the census do mit justify an alteration in the boundaries, it shall so report to the President without entering upon a review of the boundaries of the constituencies. ,' ;: { :] l ·, ·.;1 !; :t ·, •; .. [, ., ,j •'1 ,, ,t, ;-Jj ·• :� :! :� � 1i } '{� f; �'\ L �� -1 ,, ,. ·4, ·J. ·, i' ,) d ,, >'. ' � Electoral Commission ConStituen cies and elections ·- ' J Constitutio (6) any alteration o upon the next dissolut' (7) In this Article, " obtained by dividing U numbcrofconstituenc this Article. (8) For the purposei Zam bi a shall be as cert population held in pm (9) During any peri elections arc being heJ. sible for the registrati, every constituency. - 78 Verify source ↗
(1) Subject to
AI-assisted research summary: The Electoral Commission is responsible for registering voters and conducting elections in every constituency during periods when presidential and parliamentary elections are being held.
78. (1) Subject to legislative power of P by the National Asse1 (2) No Bill (otherU Article 27) shall be expiration of three di National Assembly, ; accordance with Arti, President for assent rn time for making a re1 (3) where a Bill is J either assent or withl (4) Subject to cla assent to a Bill, the I Assembly with a mei reconsiders the Bill particular, any such message, and when ; shall reconsider the B National Assembly c members of the Nati, and presented to the I to the Bill within tv. sooner dissolves Par (5) Notwithstandi his assent to a Bill, ti (6) Where a Bill accordance with the I law and the Presideff Gazette as a law. Constitution of Zambia (Amendment) [No. 18 of 1996 663 (6) any alteration of the constituencies shall come into effect upon the next dissolution of Parliament. (7) In this Article, " the population quota " means me nwnber obtained by dividing the nwnber of inhabintants of Zambia by the number of constituencies into which Zambia is 10 be divided under this Article. (8) For the purposes of this Article, the numberofinhabitants of Zambia shall be ascertained by reference to the latest census of the population held in pursuance of any law. (9) During any period when the Presidential and Parliamentary elections are being held, the E;lectoral Commission shall be respon sible for the registration of voters and the conduct of elections in every _constituency. - 78 Verify source ↗
(1) Subject to the provisions of this Constitution, the
AI-assisted research summary: Parliament’s legislative power must be exercised through Bills passed by the National Assembly and assented to by the President, and a Bill becomes law only after assent and Gazette publication.
78. (1) Subject to the provisions of this Constitution, the legislative power of Parliament shall be exercised by Bi.lls passed by the Nation_al Assembly and assented to by the President. Exercise of legislative power or Parliament (2) No Bill (other than such a Bill as is mentioned in clause 8 of Article 27) shall be presented to the President until after the expiration of three days from the third reading of the Bill by the National Assembly, and where a Bill is referred to a tribunal in accordance with Article 27, that Bill shall not be presented to the President for assent until the tribunal has reported on the Bill or the time for making a report has expired, whichever is the earlier. · (3) where a Bill is presented to the President for assent, he shall either assent or withhold his assent. (4) Subject to clause (5), where the President withholds his assent to a Bill, the President may return the Bill to the National Assembly with a message requesting that the National Assembly reconsiders the Bill or any specified provision thereof and, in particular, any such amendments as he may recommend in his message, and when a Bill is so returned, the National Assembly shall reconsider the Bill accordingly, and iftlie Bill is passed by the National Assembly on a vote of not less than two thirds of all the members of the National Assembly, with or without amendment, and presented to the President for assent, the President shall assent to the Bill within twenty-one days of its presentation, unless he sooner dissolves Parliament. (S) Notwithstanding clause (4), where the President withholds his assent to a Bill, the Bill shall not again be presented for assent. (6) Where a Bill that has been duly passed is assented to in accordance with the provisions of this Constitution it shall become law and the President shall thereupon cause it to be published in the Gazette as a law . I I I: ; I ' • � :toral 1duct ,und- r the �� r ·{ "' 1 1 and ident . .J II pur- ,'.i ier of a - · ,. :j . ' .i; IS the ier have � the 1cies: there •ince. ·;1 ,..-1 ' J the lt the .ation 1: . :J '. ,-� fl ;J j ' �! ,a aybe 'I ''.' ": ,t mt of rence :,:s 1:1, ' ·, >1 n a 1 _cy ·u. ·' ,. " \'i ' I ' ) ' ' ;j ,;1 �' 1g the ay,in tucn- ,f the at the .us do to die Dflhe ' J 664 No. 18 of 1996] Constitution of Zambia (Amendment) r Repeal and replacement of Articles 80 lO 90 Statutory instruments Restrictions with re�ard to certain financial measures (7) No law made by Parliament shall come into operation until it has been published in the Gazelle, but Parliament may posqxme the coming'into operation of any such law and may make laws with retrospective effect. (8) All laws made by Parliament shall be styled " Acts " .and the words of enactment shall be " Enacted by the Parliament ofZambia." - 7 Verify source ↗
Articles 80 to 90, inclusive, of the Constitution are repealed
AI-assisted research summary: Articles 80 to 90 of the Constitution are repealed and replaced with substituted Articles.
7. Articles 80 to 90, inclusive, of the Constitution are repealed and the following Articles substituted therefor, respectively: - 80 Verify source ↗
()) Nothing in Article 62 shall prevent Parliament from
AI-assisted research summary: Parliament may authorize people or authorities to make statutory instruments. Statutory instruments must be published in the Gazette within 28 days, and the President may annul one by order if a tribunal reports constitutional inconsistency.
80. ()) Nothing in Article 62 shall prevent Parliament from conferring on any person or authority power to make statutory instruments. (2) Every statutory instrument shall be published in the Gazette not later than twenty-eight days after it is made or, in the case of a statutory instrument which will not have the force of law unless it is approved by some person or authority other than the person or authority by which it was made, not later than twenty-eight days after it is so approved, and.ifit is not so published it shall be void from !he date on which it was made. (3) Where a tribunal appointed under Article 27 reports to the President that any provision of a statutory instrument is inconsistent with any provision of this Constitution, the President may, by order annul that statutory instnµnent and it shall thereupon be void from · the date on which it was made. - 81 Verify source ↗
Except upon the recommendation of the President signi
AI-assisted research summary: The National Assembly must not proceed with certain bills or motions unless the President’s recommendation is signified by the Vice-President or a Minister.
81. Except upon the recommendation of the President signi- fied by the Vice-PresidentoraMinister, the National Assembly shall not- ( a) proceed upon any Bill (including an amendment to a Bill) that, in the opinion of the person presiding, makes provi sion for any of the following purposes: (i) for the imposition of taxation or the alteration of taxation otherwise than by reduction; (ii) for the imposition of any charge upon the general revenues of the Republic or the alter ation of any such charge otherwise than by reduction; (iii) for the payment, issue or withdrawal from the general revenues of the Republic·ofany mon eys not charged thereon or any increase in the amount of such payment, issue or withdrawal; or (iv) for the composition or remission of any debt due to the Government; or (b) proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes. Constitut - 82 Verify source ↗
(1) The Presi
AI-assisted research summary: The text is too garbled to reliably extract the rule.
82. (1) The Presi National Assembly. (2) Toe President and any such messa1 of the National Asse: or by a Minister des - 83 Verify source ↗
There shall pn
AI-assisted research summary: The text is too garbled to reliably extract a rule.
83. There shall pn ( a) th_e Speake (b) in the abse (c) in the abse such me elect for - 84 Verify source ↗
(1) Except a
AI-assisted research summary: This section appears to address the Speaker’s voting role and the meeting quorum, but the text is partly garbled.
84. (1) Except a questions at any sil mined by a majori other than the Spea may be. (2) Toe Speaker first instance, but s an equality of vote (3) The Natiom standing any vac proceedings in the ing that it is discov1 entitled to do so, v (4) Thequorum one third of the tot: and if at any tim, objection is taken it shall be the duty, to adjourn the Nati the meeting until - 85 Verify source ↗
Any perso
AI-assisted research summary: The text appears to refer to a penalty and recovery by the Attorney-General, but the wording is too incomplete to state the rule reliably.
85. Any perso knowing or have enti tied to do so, thousand penalty Parliament for ea< shall be recoveral Attorney-Genera: - 86 Verify source ↗
(I) Subjec
AI-assisted research summary: The President may address the National Assembly.
86. (I) Subjec tional Assembly Constitution of Zambia (Amendment) [No. 18 of 1996 665 President may e.ddress National Assembly Presiding Nationol Assembly Voting and quorum - 82 Verify source ↗
(1) The President may, at any time, attend and address the
AI-assisted research summary: The President may attend and address the National Assembly, and may send it messages.
82. (1) The President may, at any time, attend and address the National Assembly. (2) The President may send messages to the National Assembly and any such message shall be read, at the first convenient sitting of the National Assembly after it is received, by the Vice-President or by a Minister designated by the President - 83 Verify source ↗
There shall preside at any sitting oftheN ational Assembly
AI-assisted research summary: At sittings of the National Assembly, the Speaker presides; if the Speaker is absent, the Deputy Speaker presides; if both are absent, the Assembly may elect another member to preside.
83. There shall preside at any sitting oftheN ational Assembly ( a) the Speaker of the National Assembly; (b) in the absence of the Speaker, the Deputy Speaker; or (c) in the absence of the speaker and of the Deputy Speaker, such member of the Assembly as the Assembly may elect for that purpose. ' - 84 Verify source ↗
(1) Except as otherwise provided in this Constitution, all
AI-assisted research summary: This section sets how the National Assembly decides questions, how the Speaker votes, and the quorum rule for meetings.
84. (1) Except as otherwise provided in this Constitution, all questions at any sitting of the National Assembly shall be deter mined by a majority of votes of the members present and voting other than the Speaker or the person acting as Speaker as the case may be. (2) The Speakeror the person acting as such shall not vote in the first instance, but shall have and exercise a casting vote if there is an equality of votes. (3) The National Assembly shall have power to act notwith standing any vacancy in the membership thereof, and any proceedings in the National Assembly shall be valid notwithstand ing that it is discovered subsequently that some person who was not entitled to do so, voted or otherwise took part in the proceedings. (4) The quorum for a meeting of the National Assembly shall be one third of the total numbcr ofmembers of the National Assembly and if at any time during a meeting of the National Assembly objection is taken by any member present that there is no quorum, it shall be the duty of the Speaker or the person acting as such, either to adjourn the National Assembly or, as he may think fit, to suspend the meeting until there is a quorum. - 85 Verify source ↗
Any person who sits or votes in the National Assembly
AI-assisted research summary: A person must not sit or vote in the National Assembly if they know, or have reasonable grounds to know, that they are not entitled to do so.
85. Any person who sits or votes in the National Assembly knowing or have reasonable grounds for knowing that he is not entitled to do so, shall be liable to a penalty not exceeding one thousand penalty units or such other sum as may be prescribed by Parliament for each day on which he so sits or votes, which penalty shall be recoverable by action in the High Court at the suit of the Attorney-General. - 86 Verify source ↗
(1) Subject to the provisions of this Constitution, the Na
AI-assisted research summary: The National Assembly may make its own procedure, may act despite membership vacancies, and proceedings are not invalid just because an unauthorized person was present or took part.
86. (1) Subject to the provisions of this Constitution, the Na tional Assembly may determine its own procedure. Unqualified persons sitting or voting Procedure in National Assembly mtil it ne the ! with nd the nbia." ,ealed from tutory azette :e of a ss it is :Oli s a.. __ _ 1m lhe to the :istent order l ftom signi- 1 shall I Bill) �rovi- ionof m the mon in the awal; , debt 1t to a erson those . 1 666 No. 18 of 1996) Constitution of Zambia (Amendment) Privileges and immunities or National Assembly Dissolution or Parlia ment and related mauers (2) The National Assembly may act notwithstanding any vacancy in its membership (including any vacancy not filled when the National Assembly first meets after any dissolution of Parliament) and !he presence or participation of any person not entitled to 'be present orto participate in !he proceedings oflhe National Assembly shall not invalidate !hose proceedings. (3) In !he selection of members of committees, the National Assembly shall seek to ensure !hat there shall be equitable represen tation of !he political parties or groups !hat are represented in !he National Assembly as well as of lhe members not belonging tp any such parties or groups. - 87 Verify source ↗
(I) The National Assembly and its members shall have such
AI-assisted research summary: The National Assembly and its members have the privileges, powers, and immunities that an Act of Parliament may prescribe.
87. (I) The National Assembly and its members shall have such privileges, powers and immunities as may be prescribed by an Act of Par Ii ament. (2) Notwithstanding subclause (1) !he law and custom of !he Parliament of England shall apply to the National Assembly with such modifications as may be prescribed by or under an Act of Parliament. - 88 Verify source ↗
(I) Subject to the provisions of clause (4) each session of
AI-assisted research summary: This section sets when Parliament and the National Assembly sit, and gives the President powers to appoint, summon, prorogue, and dissolve them.
88. (I) Subject to the provisions of clause (4) each session of Parliament shall be lield at such place within Zambia and shall commence at such time as !he President may appoint. (2) There shall be a session of Parliament at least once every year so !hat a period oftwelvemorilhs shall not intervene between !he last sitting of !he National Assembly in one session and !he commence ment of !he next session. (3) The President may at any time summon· a meeting of !he National Assembly. (4) Subject to !he provisions of clause (1) of Article 37, lhe sittings of !he National Assembly in any session of Parliament after the commencement of that session shall be held at such times and on such days as !he National Assembly shall appoint. (5) The President may at any time prorogue Parliament. (6) Subject to clause (9) !he National Assembly- (a) shall, unless sooner dissolved, continue for five years from !he date ofits first sitting afterthe commencement of this Constitution or after any dissolution and·shall then stand dissolved; (b) may, by a two thirds majority of !he numbers !hereof, dissolve itself; or (c) may be dissolved by the President at any time. (7) Whenever !he National Assembly is dissolved under !his Article, there shall be Presidential Elections and elections to !he National Assembly and the first session of the new Parliament shall commence within three months from !he date of !he dissolution. Constitu (8) At any time Parliament may fro: specified in clause I Provided !hat tJl extended under !hi! (9) If, after a diss the general electio1 existence ofa state any part !hereof, it may summon !he F !hat Parliament shi being, but the gene bly shal proceed ar not sooner dissolv, for the nomination - 89 Verify source ↗
The Speal
AI-assisted research summary: The text is garbled, but it appears to refer to the Speaker’s duties before taking the National Assembly and to a Judicial Service Commission.
89. The Speal the duties ofhis of bly before talcing the National Asse1 (1) There who shall be appc Judicial .service < Commission for I - 90 Verify source ↗
Section 90
AI-assisted research summary: During war, Parliament may extend the five-year period in clause (6) by up to 12 months at a time, but not beyond five years total; the President may recall dissolved Parliament before elections if war or emergency makes it necessary.
90. (2) A person Investigator-Gem ( a) unless ht Court; (b) if he ho Minisl Natio1 (3) Subject to· Investigator-Gen sixty-five years: Provided that attained that age neces� to con thing in relation · before the auain (4) A person vacate any offic :ancy n the ment) to be :mbly tional -escn- in the p any ; such n Act >f the ' with ' ,ct on of shall r year 1elast ence- >f the ttings :r the nd on ; ·i ' ,; J ., ,, · .1 N ,, '• ;� ·( C \ ' ,, .. fn )fd stand :reof, r this :o the 'shall on. l Constitution of Zambia (Amendment) [No. 18 of1996 667 (8) At any time when the Republic of Zambia is at war, Parliament may from time to time extend the period of five years specified in clause (6) for not more than twelve months at a time: Provided that the life of the National Assembly :;hall not be extended under this clause for more than five years. (9) If, after a dissolution of Parliament and before the holding of the general elections, the President considers thai, owing to the existence of a state of war or of a state of emergency in Zambia or any part thereof, it is necessary to recall Parliament, the President may summon the Parliament that has been dissolved to meet and that Parliament shall be deemed to be the Parliament for the lime being, but the general election of members of the National Assem bly shal proceed and the Parliament that has been recalled shall, if not sooner dissolved again, stand dissolved on the day appointed for tlie nomination of candidates in that general election. - 89 Verify source ↗
The Speaker of the National Assembly, before assuming
AI-assisted research summary: The Speaker and every member of the National Assembly must take and subscribe to the oath of allegiance before the National Assembly, before the Speaker assumes office duties and before a member takes a seat.
89. The Speaker of the National Assembly, before assuming the duties of his office,.and every member of the Natiopal Assem bly before taking his seat therein, shall take and subscribe before the National Assembly to the oath of allegfance. - 90 Verify source ↗
(1) There shall be an Investigator-General of the Republic
AI-assisted research summary: This section creates an Investigator-General of the Republic, sets appointment and qualification rules, and allows removal, suspension, acting appointment, and resignation under stated conditions.
90. (1) There shall be an Investigator-General of the Republic who shall be appointed by the President in consultation with the Judicial .service Commission and shall be the· Chainnan of the Commission for Investigations. (2) !'> person shall not be qualified for appointment as ·1nvestigator-General- ( a) unless he is qualified to be appointed a judge of the High Court; or (b) if he holds the office of the Presidcnt;·vice-President, Minister or Deputy Minister, is a member of . the National Assembly or is a public officer. (3) Subject lei the provisions of this section, a person appointed Investigator-General shall vacate his office on attaining the age of sixty-five years: Provided that the President may permit a per.,on wllo has attained that age to continue in office for such period as may be necessatl' to complete and submit any report on, or do any other thing in relation to, any investigation that was commenced by him before the attained age. (4) A person appointed as Investigator-General shall forthwith vacate any office prescribed by an Act of Parliament Oaths to be taken by Speaker and members The Jnvestigator Generol • 668 No. 18 of 1996] Constitution of Zambia (Amendment) (5) A person appointed as Investigator-General may be removed from office for incompetence or inability to perfonn the functions of his office (whetherarising from infinnity of body or mind or from any other cause) or from misbehaviour, but shall not be so removed except in accordance with the provisions of this Article. (6) If the National Assembly by resolution supported by the votes of not less than two-thirds of all the members of that House, resolves that the question of removing the Investigator-General oughi to be investigated, the Speaker ofthe National Assembly shall send a copy to the Chief Justice who shall appoint a tribunal consisting of a f_,, •. · Chairman and two other persons to inquire into the matter. J • . ·; · ;i ;_; .. 't.' J . (7) The Chainnan and one other member of the tribunal shall be persons who hold or have held high judicial offii;e. � (8) The tribunal shall inquire into the matter and report thereon to the Presi.dent. (9) Where such a tribunal advises the President that the Investigator-General ought to be removed from office for incompe tence or inability or for misbehaviour, the President shall remove the Investigator-General from office. (10) If the question of removing the Investigator-General from office has been referred to a tribunal under this Article, the President may suspend him from perfol1llingthe functions of his office, and any such suspension may at any time be revoked by the President and shall in any case cease to have effect if the tribunal shall advise the President that the Investigator-General ought not to be removed. ( 1 1) If there is a vacancy in the office of the Investigator-General, or if the Investigator-General is temJX)rarily absent from Zambia or otherwise unable to exercise the functions of his office, the President may appoint a person qualified to be a Judge of the High Court to exercise the functions of the office of the Investigator-General under this Article. . (12) A person appointed to the office oflnvestigator-General may resign upon giving three months' notice to the President. ( I 3) The functions, powers · and procedures of the Investigator-General shall be as provided by an Act of P�rliament - 8 Verify source ↗
The Constitution is amended by the repeal of Parts VI,
AI-assisted research summary: This section amends the Constitution by repealing Parts VI, VII, VIII and IX and replacing them with new Parts.
8. The Constitution is amended by the repeal of Parts VI, VII,VIll and IX and the substitution therefor of the following new Parts: PART VI THE JUDICATURE
Part
PART VI
- 91 Verify source ↗
(l) The Judicature of the Republic shall consist of
AI-assisted research summary: The provision says the Judicature of the Republic consists of the Supreme Court of Zambia and the High Court for Zambia.
91. (l) The Judicature of the Republic shall consist of: ( a) the Supreme Court of Zambia; (b) the High Court for Zambia; Repeal and replacement of Parts VI, VII, Vlll and IX Courts l C (c) the I (d) the ! (e) the I (f) such Pa (2) The Jue may be.of the impartial and i conduct themi gated by Parli (3) The Jue tered in accorc - 92 Verify source ↗
( ! )Th
AI-assisted research summary: This provision appears to deal with the Supreme Court, its judges, and related appointment or procedural matters.
92 . . ( ! )Th be the final co jurisdiction ru Constitution o (2) The jud1 (a) the a (bJ the D, (c) seven Su be prescribed t (3) The offi Supreme Cour substantive hol, (4) The Supr except as othe1 powers of such (5) When the than an interloc number of judg, under.Article 4 1 (6) The Chief and procedure o powers of the St (I) The subject to ratific. the President. - 93 Verify source ↗
Section 93
AI-assisted research summary: Judges, magistrates and justices covered here must be independent and impartial, follow the Constitution and law, and comply with a code of conduct set by Parliament.
93. (2) The judge; by the N ali onal , .i...,.�Jd.�;�,�<' ... , i'. - moved ions of imany moved ;: votes ,solves ,i to be a copy ,g of a hall be rcon to at --- :ompe- ivethe l from :sident nd any :nt and ise the ved. eneral, 1bia or :sident ourt to I under al may .- , f the rnent ts VI, ,J>arts: ' /";,'\ ','>7 '· i1' " ',] a • ., �'� ;,t .. , ., ., '• Ji � r . " '4 ., ',; ,. ,i, i:-} '½ •\ ... �1 1 i 1 ,. -· ' l I Constitution of Zambia (Amendment) [No. 18 of 1996 669 (c) the Industrial Relations Court; ( d) the Subordinate Courts; (e) the Local Courts; and (f) such lower Courts as may be prescribed by an act of Parliament. (2) The Judges, members, magistrates and justices, as the case may be, of the courts mentioned in clause (I) shall be independent, impartial and subject only to this Constitution and the law and shall conduct themselves in accordance with a code of conduct promul gated by Parliament. (3) The Judicature shall be autonomous and shall be adminis tered in accordance with the provisions ofan act of Parliament. - 92 Verify source ↗
_ (1) There shall be a Supreme Court of Zambia which shall
AI-assisted research summary: Creates the Supreme Court of Zambia, makes it the final court of appeal, and gives the Chief Justice power to make practice and procedure rules.
92. _ (1) There shall be a Supreme Court of Zambia which shall be the final court of appeal for the Republic and shall have such jurisdiction and powers as may be conferred on it by this Constitution or any other law. (2) The judges of the Supreme Court shall be- ( a) the Chief Justice; (b) the Deputy Chief)ustice; Supreme Court ( c) seven Supreme Court judges or such'greater number as may be prescribed by an Act of Parliament. (3) The office of Chief Justice, Deputy Chief Justice or of Supreme Court Judge · shall not be abolished while there is a substantive holder thereof. ' ·, (4) The Supreme Court shall be a superior court of record, and, the except as otherwise provided by Parliament, shall have al powers of such a court. f (5) When the Supreme Court is detenmining any matter, other than an interlocutory matter, it shall be composed of an uneven number of judges not being less than three except as provided for under Article 4 I. (6) The Chief Justice may make rules with respect to the practice and procedure of the Supreme court in relation to jurisdiction and powers of the Supreme Court. - 93 Verify source ↗
(I) The Chief Justice and the Deputy Chief Justice shall,
AI-assisted research summary: The President must appoint the Chief Justice, Deputy Chief Justice, and Supreme Court judges, but only after ratification by the National Assembly.
93. (I) The Chief Justice and the Deputy Chief Justice shall, subject to ratificati_on by the National Assembly, be appointed by the President. Appointment of judges of Supreme Court (2) The judges of the Supreme Court shall, subject to rati fl cation by the National Assembly, be appointed by the President. • Co1 - 95 Verify source ↗
Section 95
AI-assisted research summary: 95. (7)The Higt or criminal pro, martial and ma· directions as it i ing that justice (8) The Chie; and procedure c power on it by , (1) The National Assem the Judicial Ser (2) The Chai Relations Court of the Judicial s (3) The prov
95. (7)The Higt or criminal pro, martial and ma· directions as it i ing that justice (8) The Chie; and procedure c power on it by , (1) The National Assem the Judicial Ser (2) The Chai Relations Court of the Judicial s (3) The prov Chainnan and t Court, with the 1 - 96 Verify source ↗
Anyper
AI-assisted research summary: The text appears to deal with an appointment being revoked and a person continuing to act in relation to proceedings, but the wording is unclear.
96. Anyper the Supreme Cc person's appoint appointment is n Provided that, ment to act as a revoked to conti; enable that perso relation to procee - 97 Verify source ↗
Section 97
AI-assisted research summary: The President may appoint judges to act in key judicial offices when those offices are vacant or the office-holder is unavailable.
97. (I) Subje appointment as a Chairman or Def unless-- (a) he holds (b) he holds one or (i) ii (ii) i 670 No. 18 of 1996) Constitution of Zambia (Amendment) (3) If the office of Chief Justice is vacant or if the Chief Justice is on leave or is for any reason unable to perfonn the functions of that office, then, untill a person has been appointed to, and has assumed the functions of, that office, or until the person holding that office has resumed those functions, as the case may be, the President may appoint the Deputy Chief Justice or a Supreme Court judge to perfonn such functions. (4) Without prejudice to the generality of clause (5), if the office of Deputy Chief Justice is vacant or the Deputy Chief Justice is on leave oris for any other reason unable to perfonn the functions of his office, the President may appoint another judge of Supreme Court to act as Deputy Chief Justice. (5) If the office of a Supreme Court judge is vacant, or if any Supreme Court judge is appointed to act as Chief Justice or Deputy Chief Justice, or if any Supreme Court judge is on leave or is for any reason .unable to perfonn the functions of that office, the President may appoint a person qualified for appointment as a judge of the Supreme Court to act as a Supreme Court judge. (6) A person may act as Chief Justice, Deputy Chief Justice or Supreme Court judge notwithstanding that he has attained the age prescribled by Article 98. (7) A puisne judge appointed to act as Deputy Chief Justice or Supreme Court judge, as the case may be, pursuant to clause (4) or (5), shall continue to be a judge of the High Court and may continue to perfonn the functions of.the office of puisne judge. ' High Court Act No. 27 of 1993 - 94 Verify source ↗
Section 94
AI-assisted research summary: This section establishes the High Court and gives it broad jurisdiction, including supervisory powers over lower courts and court-martial proceedings.
94. (!)There shall be a High Court for the Republic which shall have, except as to the proceedings in which the Industrial Relations Court has exclusive jurisdiction under the Industrial and Labour Relations Act. unlimited or original jurisdiction to hear and deter mine any civil or criminal proceedings under any law and such jurisdiction and powers as may be conferred on it by this Constitu tion or any other law. (2) The High Court shall be divided into such divisions as may be detennined by an Act of Parliament. (3) The Chief Justice shall be an ex-officio judge of the High Court. (4) The other judges of the High Court shall be such number of puisne judges as may be prescribed by Parliament. (5) The office of a puisne judge shall not be abolished while there is a substantive holder thereof. (6) The High Court shall be a superior court of record and, except as otherwise provided.by Parliament, shall have the powers of such a court. j Constitution of Zambia (Amendment) [No. Ill or t996 671 (7) The High Court shall have jurisdiction to supervise any civil or criminal proceedings before any subordinate court or any court martial and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpo�e of ensur ing that justice is duly administered by any such court. (8) The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and power on it by clause (7). - 95 Verify source ↗
(1) The puisne judges shall, subject to ratification by the
AI-assisted research summary: The President appoints the puisne judges, and the Chairman and Deputy Chairman of the Industrial Relations Court, with advice from the Judicial Service Commission and, for puisne judges, ratification by the National Assembly.
95. (1) The puisne judges shall, subject to ratification by the National Assembly, be appointed by the President on the advice of the Judicial Service Commission. (2) The Chainnan and the Deputy Chainnan of the Industrial Relations Court shall be appointed by the President on the· advice of the Judicial Service Commission. (3) The provisions of Articles 98 and 99 shall apply to jhe Chainnan and the Deputy Chainnan of the Industrial Relations Court, with the necessary modifications. - 96 Verify source ↗
Any person appointed under Article 93 to act as a judge of
AI-assisted research summary: A person appointed under Article 93 to act as a Supreme Court judge must keep acting for the appointment term, or until the President revokes it if no term is set.
96. Any person appointed under Article 93 to act as a judge of the Supreme Court shall continue to act for the period of that person's appointment or, if no such period is specified, until such appointment is revoked by the President: Provided that the President may pennit a person whose appoint ment to act as a judge of the Supreme Court has expired or been revoked to continue to act for such period as may be necessary to enable that person to deliver judgement or to do any other thing in relation to proceedings that were commenced before such person. Appo)nbnent of Puisne Judges, Chainni:n and Deputy Chairman of the lndusllial Relations Court Aeling judge o£ Supreme Court or of High Court lo ector hold officc unlill appointment expires or is revoked - 97 Verify source ↗
(l) Subject to clause (2), a person shall not be qualified for
AI-assisted research summary: A person cannot be appointed to specified judicial offices unless they meet the stated qualification and experience requirements, subject to a special-case dispensation.
97. (l) Subject to clause (2), a person shall not be qualified for appointment as a judge of the Supreme Court, a puisne judge or Chainnan or Deputy Chainnan of the Industrial Relations Court unless- (a) he holds or has held highjudicial office; or (b) he holds one of the specified qualifications and has held one or other of the following qualifications- Qualifica tions for appointment as Supreme Co'!".i':'dgc pusmc Judge, Chainncn and Deputy Chaimwt of the Industrial Relations Court (i) in the case of a Supreme Court Judge, for a total period of not less than fifteen years; or (ii) in the case of a puisne judge, the Chainnan and Deputy .Chainnan of the Industrial Relations Court, for a total period of not less than ten years is at :d as ay to ice on his tto I .mi.,. ,uty any lent · the e or age ;e or 4) or tinue shall 1tions 1bour iet�•--. ' st� 1stitu- iaybe : High 1bcr of . e there . except of such r - • ' i\ H 672 No. 18 of 1996] Constitution of Zambia (Amendment) (2) Where the President or the Judicial Service Commission, as the case may be, is satisfied that, by reason of special circumstances, a person who holds one of the specified qualifications is worthy, capable and suitable to be appointed as a judge of the Supreme Court, a puisne judge or Chairman or Deputy Chairman of the Industrial Relations Court, notwithstanding that he has not held one or othcr of those qualifications fora total period of not less than fifteen years or ten years, as the case may be, the President acting in the case of a judge of the Supreme Court, puisne judge or Chairman or Deputy Chairman of the Induastrial Relations Court in accordance with the advise of the Judicial Service Commission, may dispense with the requirement that such person holds one or other of the specified qualifications for a total period of not less than the period specified in clause (1). (3) In this Article," the specified qualifications " means the professional qualifications specified in the Legal Practitioners Act, one of which must be held by any person before he may apply under that Act to be admitted as a practitioner in the Republic. (4) For the purposes of this Article and of Articles 93 and 94, "a person qualified for appointment " means a judge of the Supreme Court, a puisne judge or Chairman or Deputy Chairman of the Industrial Relations Court and includes a person in respect of whom the President or Judicial Service Commission, as the case may be, is satisfied as provided for in clause (2). Cap. 48 Tenure of office of judges of Supreme and High Court - 98 Verify source ↗
Section 98
AI-assisted research summary: Judges of the Supreme Court and High Court must leave office at 65, unless the President allows limited continued service. Judges may be removed only through the Article’s tribunal process for inability, incompetence, or misbehaviour.
98. (1) Subject to the provisions of this Article, a person holding the office of a judge of the Supreme Court or the office of a judge of the High Court shall vacate that office on attaining the age of sixty five years: Provided that the President- ( a) may permit a judge of the High Court in accordance with the advice of the Judicial Service Commission, or a judge of the Supreme Court, who has attained that age to continue in office for such period as may be necessary to enable him to deliver judgement or to do any other thing in relation to proceedings that were commenced before him before he attained that age; Constitutior. (b) may appoint a: the advice c judge of the : sixty-five ye seven years, (2) A Judge of the ! Deputy Chairman of t moved from office onl office, whether arising tence or misbehaviou1 accordance with the pr (3) If the President judge of the Supreme C ought to be investigate (a) he shall apr Chairman a hold or hav (b) the tribunal sl facts therec whether th under this misbehavic ( 4) Where a tribur President that a judge ought to be removed f / , for misbehaviour, the I office. (5) If the question c of the High Court fror. clause (3), the Presid( the functions of his off be revoked by the Pr ' effect if the tribunal ac removed from office. Constitution ofZambia (Amendment) [No. ts of 1996 673 (b) may appoint a judge of the High Court in accordance with the advice of the Judicial Service Commission or a judge of the Supreme Court, who has attained the age of sixty-five years, for such further period, not exceeding seven years, as the President may determine. (2) A Judge of the Supreme Court, High Court, Chairman or Deputy Chairman of the Industrial Relations Court may be re moved from office only for inability to perform the functions of office, whether arising from infirmity of body or mind, incompe tence or _misbehaviour and shall not be so removed except in accordance with the provisions of this Article. (3) If the President considers that the question of removing a judge of the Supreme Court orof the High Court under this Article ought to be investigated, then- ( a) he shall appoint a tribunal which shall consist of a Chairman and not less than two other members, who hold or have held high judicial office; (b) the tribunal shall inquire into the matter and report on the facts thereof to the President and advise the President whether the judge _ought to be removed from office under this Article for inability as aforesaid or for misbehaviour. (4) Where a tribunal appointed under clause (3) advises the Pre.�idcnt that a judge of the Supreme Court or of the High Court ought to be removed from office for inability, or incompetence or for misbehaviour, the President shall remove such judge from office. (S) If the question of removing a judge of the Supreme Court or of the High Court from office has been referred to a tribunal under clause (3), the President may suspend the judge from performing the functions of his office, and any such suspension may at any time be revoked by the President and shall in any case cease to have effect if the tribunal advises the President that the judge ought to be removed from office. I ;', ,_ i -, ii !1 -. /' ·! ., j, { " ·J '{;· }) _,_ -• S4 ' l t .;); �} _, ;': j ' -tt •'} -,1 � :L ,- i'• s - 'J 'i -' 'j . IS s, y, rt, ial of or f a Jty the the ied :ied th" Act, 1der 1 94, ,:me f the •hom be, is ,\ding 1geof sixty- --, \ :e with ijudge age to ;sary to ir thing I before ' 1 , I ) 674 No. 18 of 1996] Constitution o/Zambia (Amendment) (6) The provisions of this Article shall be without prejudice to the provisions of Article 96. Oaths to be taken by judge - 99 Verify source ↗
A judge of the Supreme Court orofthe High Court shall not
AI-assisted research summary: Judges of the Supreme Court or High Court must not start their duties unless they have taken and subscribed the required oaths.
99. A judge of the Supreme Court orofthe High Court shall not enterupon the duties ofhis office llllless he has taken and subscribed to the oath of allegiance and such oath for the due execution of his office as may be prescribed by or under an Act of Parliament: Provided that a person who has once taken and subscribed to the said oaths may enter upon the duties of any such office without again taking and subscribing such oaths. PART VII DEFENCE A.ID NATIONAL SECURITY The Zambia Defence Force
Part
PART VII
- 100 Verify source ↗
Section 100
AI-assisted research summary: This section establishes the Zambia Defence Force and requires it and its members to meet specified character and conduct requirements. It also prohibits any person from raising an armed force unless it is in accordance with the Constitution.
100. (!) There shall be an armed force to be known as the Zarn bia Defence Force. (2) The Zambia Defence Force shall be non-partisan, national in character, patriotic, professional, disciplined, productive and subordinate to the civilian authority as established under this Constitution. (3) Members of the Zambia Defence Force shall be citizens of Zambia and of good character. (4) No person shall raise an armed force except in accordance with this Constitution. Funcitons of Defence Force - 101 Verify source ↗
The functions of the Zambia Defence Force shall be to
AI-assisted research summary: The Zambia Defence Force must protect Zambia’s sovereignty and territorial integrity, work with civilian authorities in emergencies and natural disasters, foster civilian relations, and do productive work for Zambia’s development.
101. The functions of the Zambia Defence Force shall be to ( a) Preserve and defend the sovereignty and territorial integ rity of Zambia; (b) co-operate with the civilian authority in emergency situa tions and in cases of natural disasters; (c) foster harmony and understanding between the Zambia Defence Force and civilians; and (d) engage in productive activities for the development of Zambia. Parliament to regulate Defence Force - 102 Verify source ↗
Parliament shall make laws regulating the Zambia
AI-assisted research summary: Parliament must make laws regulating the Zambia Defence Force.
102. Parliament shall make laws regulating the Zambia Defence Force, and in particular, providing for- (a) the organs and structures of the Zambia Defence Force; (b) the recruitment of persons into the Zambia Defence Force from every district of Zambia; Constitll (c) the terms , Zambia l ( d) the deploy1 - 103 Verify source ↗
( I ) There !
AI-assisted research summary: The Zambia Police Force is said to have power to prescribe by law, but the source text is badly garbled.
103. ( I ) There ! Zambia Police Fore may by law prescrit (2) Subject to the ? police force in Zamb a manner and shall h prescribe. (3) The Zambia l professional, discipl bers shall be citizern - 104 Verify source ↗
The functi,
AI-assisted research summary: This fragment lists functions relating to protecting, preserving, detecting, and cooperating, but the text is incomplete.
104. The functi, the following: ! ( a) to protect Ii ( b) to preserve (c) to detect an ( d) to co-opcrat organs es1 populatio - 105 Verify source ↗
Parliament
AI-assisted research summary: The text is too fragmentary to identify a clear rule; it appears to reference Parliament and several listed items.
105. Parliament ! Force, and in particu ( a) the organs : (b) the recruitrr from ever ( c) terms and co Police Fm ( d) the regulati, 1 06. There shall - 107 Verify source ↗
Parliament
107. Parliament Service, and in panic ( a) the organs a (b) the recruitm from ever: • \. " ' ��· ·•t•·\ · ,,,i'• cetothe ii•• • l \' ' ' ' �,-,. ._. ,.,, ,,, , r shall not ,, ' bscribed on of his nent: ,· "i 1 , ICd to the : without .J -� ·,'i •r \ . 1\ f� , ,m ae ':j "" ,ational in .' l ;tive and inder this :itizens of cconlance all be to- ,rial integ- ency situa- ';,', � ':ij .: 'i' ' i · ?: � ,;�; :! '{i ,, " ·,; }, :i . fJ " ·J i . ·� . ;'l ' . . ;� i\ he Zambia ti ·1 ' lopment of 1e Zambia nee Force; fence Force { ,1 ,, ,! 1 ' ,, . j ' Constitution of Zambia (Amendment) [No. 18 of 1996 675 (c) the tenns and conditions of service of members of the Zambia Defence Force; and (d) the deployment of troops outside of Zambia. - 103 Verify source ↗
(1) There shall be a police force to be known as the The Zambia
AI-assisted research summary: The Constitution says there is a Zambia Police Force, allows Parliament to prescribe other police forces and their functions, and requires the Zambia Police Force and its members to meet stated character and citizenship standards.
103. (1) There shall be a police force to be known as the The Zambia Police Force Zambia Police Force and such other police forces as Parliament may by Jaw prescribe. (2) Subject to the other provisions of this Constitution, every police force in Zambia shall be organised and administered in such a manner and shall have such functions as Parliament may by law prescribe. (3) The Zambia Police Force shall be nationalistic, patriotic, professional, disciplined, competent and productive; and its mem- hers shall be citizens of Zambia and of good character. - 104 Verify source ↗
The functions of the Zambia Police Force shall include
AI-assisted research summary: The Zambia Police Force must include protecting life and property, preserving law and order, detecting and preventing crime, and cooperating with civilian authority, other security organs, and the general population.
104. The functions of the Zambia Police Force shall include the following: (a) to protect life and property; (b) to preserve law and order; ( c) to detect and prevent crime; ( d) to co-operate with the civilian authority and other security organs established under this Constitution and with the population generally. - 105 Verify source ↗
Parliament shall make laws regulating the Zambia Police
AI-assisted research summary: Parliament must make laws regulating the Zambia Police Force.
105. Parliament shall make laws regulating the Zambia Police Force, and in particular, providing for- ( a) the organs and structures of the Zambia Police Force; (b) the recruitment of persons into the Zambia Police Force from every district of Zambia; ( c) tenns and conditions of service of members of the Zambia Police Force; and ( d) the regulation generally of the Zambia Police Force. - 106 Verify source ↗
There shall be the Zambia Prison Service
AI-assisted research summary: This provision states that the Zambia Prison Service shall exist.
106. There shall be the Zambia Prison Service. - 107 Verify source ↗
Parliament shall make laws regulating the Zambia Prison
AI-assisted research summary: Parliament must make laws regulating the Zambia Prison Service.
107. Parliament shall make laws regulating the Zambia Prison Service, and in particular, providing for- (a) the organs and structures of the Zambia Prison Service; (b) the recruitment of persons to the Zambia Prison Service from every district of Zambia; Functlons of Zambia Police Force Parliament to regulate Zambia Police Force Prison service Parliament to regulale Zambia Prison Service �:-:,:;-":•:..��-,,,,..--:-" ·",-· , • f I • , . . r 676 No. 18 of 1996] Constitution of Zambia (Amendment) (c) the tenns and conditions of service of members of the :i ' r, 1 ( d) the regulation generally of the Zambia Prison Service. Zambia Prison Service; and ' Zambia Security Intelligence Services Local Govcrruncnt system App�icati_on of Drrectlvc Principles of State Policy - 108 Verify source ↗
Section 108
AI-assisted research summary: A Zambia Security Intelligence Service is established, and Parliament must make laws regulating it.
108. (1) There shall be a Zambia Security Intelligence Service. gence Service; Zambia Security Intelligence Service; and (2) Parliament shall make Jaws regulating the Zambia Security ·} '; Intelligence Service, and in partieular, providing for- ( a) the organs and structures of the Zambia Security Intelli-· j :;l . (b) the recruitment . of persons into the Zambia Security ,j 4 Intelligence Service from every district of Zambia; (c) the tenns and conditions of service of members of the ·,; { ( d) the regulation generally of the Zambia Security lntelli-.:/i ·•,li . ·q ·t�: '.� •?. - 109 Verify source ↗
(I) There shall be such system of local government in '.�
AI-assisted research summary: Zambia’s local government system is to be set by Parliament and based on democratically elected councils chosen by universal adult suffrage.
109. (I) There shall be such system of local government in '.� · :e' ti (2) The system oflocal government shall be based on democrati- t \\ .· !J • PART VIII LocAL GOVERNMENT SYSTEM cally elected councils on the basis of universal adult suffrage. Zambia as may be prescribed by an Act of Parliament PART IX DIRECTIVE PRlNCIPLFS OP STATE POLICY AND THE DlITIES OP A CITIZEN gence Service. l;�
Part
PART IX
- 110 Verify source ↗
(1) The Directive Principles of State Policy set out in this .\ .·
AI-assisted research summary: The Directive Principles of State Policy are to guide the Executive, Legislature, and Judiciary in policy-making, law-making, and applying the Constitution and other laws.
110. (1) The Directive Principles of State Policy set out in this .\ .· Part shall guide the Executive, the Legislature and the Judiciary, as 1 the case may be, in the- ,; " ;, - '; .' ( a) development of national policies; (b) implementation of national policies; (c) making and enactment oflaws; and (d) application of the Constitution and any other law, ll :'. .,,. ' (2) The application of the Directive Principles of State Policy may be observcll only in so far as State resources are able to sustain their application, or if the general welfare of the public so unavoid ably demands, as may be detennined by Cabinet
Part
Part shall guide the Executive, the Legislature and the Judiciary, as 1
- 111 Verify source ↗
The Directive Principles of State Policy set out in this Part
AI-assisted research summary: The Directive Principles in this Part are not justiciable and are not legally enforceable in court, tribunal, or administrative institutions or entities.
111. The Directive Principles of State Policy set out in this Part shall not be justiciable and shali not thereby, by themselves. despite being referred to as rights in certain instances, be legally enforce able in any court, tribunal or administrative institu�on or entity. Directives not to be justiciable • Con, 1 12. The fo Policy for the p1 (a) the Sta: (b) the Stal ment self r inves (c)the Stat, all ci1 livelil (d) the StM adeqr tel' fo imprc (e) the Sta� educa for all (f) the Stal disabi suchs needs (g) the Stal enjoy, persor as the: (h) the Stal enviro (i) the Stat, public water 1 the pre (j) the State labour tions. 1 13. It shall I ( a) be pa trio being; (b) contribu1 citizen trols; I ·, -1 1 l -- ,: , of the j : [ES OF A :t out in this � ' udiciary, as ', . ;� ,, r law, State Policy ble to sustain c so unavoid- ' ' ' '· iutinthisPart •J elves, despite �ally enforce on or entity. Constitution of Zambia (Amendment) [No. 18 or 1996 677 - 112 Verify source ↗
The following Directives shall be the Principles of State
AI-assisted research summary: The State is directed to promote democratic principles and a range of social, economic, environmental, education, health, culture, and labour conditions; every citizen has specified civic duties, including paying taxes and assisting law enforcement.
112. The following Directives shall be the Principles of State Policy for the purposes of this Part: Directive Principles of State Policy (a) the State shall be based on democratic principles; (b) the State shall endeavour to create an economic environ ment which shall encourage individual initiative and self reliance among the people and promote private investment; ( c) the State shall endeavour to create conditions under which all citizens shall be able to secure adequate means of livelihood and opportunity to obtain employment; ( d) the State shall endeavour to provide clean and safe water, adequate medical and health facilities and decent shel ter for all persons, and take measures to constantly improve such facilities and amenities; (e) the State shall endeavour to provide equal and adequate educational opportunities in all fields and at all levels for all; .. . (/) the State shall endeavour to provide to persons with disabilities, the aged and other disadvantaged persons such social benefits and amenities as are suitable to their needs and are just and equitable; · ( g) the State shall take measures to promote the practice, enjoyment and . dev�lopment by any person of that person's culture, tradition, custom or language insofar as these are not inconsistent with this Constitution; (h) the State shall strive to provide a clean and healthy environment for all; (i) the State shall promote sustenance, development and public awareness of the need to manage the land, air and water resources in a balanced and suitable manner for the present and future generation; and (j) the State shall recognise the right of every person to fair labour practices and safe and healthy working condi tions. 1 13. It shall be the duty of every citizen to-- ( a) be patriotic and loyal to Zambia and to promote its well Duties or the citizen being; (b) contribute to the well-being of the community where that citizen lives, jncluding the observance of health con trols; 678 No. 18 of t 996] Constitution a/Zambia (Amendment) (c) foster national unity and live in hannony with others; ( d) promote democracy and the rule oflaw; (e) vote in national and local government elections; (f) provide defence and military service when called upon; (g) carry out with discipline and honesty legal public func- tions; (h) pay all taxes and duties legally due and owing to the State; and (/) assist in the enforcement of the law at all times. PART X FINANCE Imposition of taxation
Part
PART X
- 114 Verify source ↗
(1) Subject to the provisions of this Article, no taxation
AI-assisted research summary: This section limits when taxes can be changed and when spending warrants can be issued from the general revenues.
114. (1) Subject to the provisions of this Article, no taxation shall be imposed or altered except by or under an Act of Parliament. (2) Except as provided by clauses (3) and ( 4), Parliament shall not confer upon any other person or authority power to impose or to alter, otherwise than by reduction, any taxation. (3) Parliament may make provision under which the President or the Vice-President or a Minister may by order provide that, on or after the publication of a Bill being a Bill approved by the President that it is proposed to introduce into the National Assembly and providing for the imposition or alteration of taxation, such provi sions of the Bill as may be spedfied in the order shall, have the force of law for such period and subject to such conditions as may be prescribed by Parliament: Provided that any such order shall, unless sooner revoked, cease to have effect- (i) if the Bill to which it relates is not passed within such period from the dateofits first reading in the National Assembly as may be prescribed by Parliament; (ii) if, after the introduction of the Bill to which it relates, ParHament is prorogued or the National Assembly is dissolved; (iii) if, after the passage of the BiJJ to which it relates, the President refuses his assent thereto; or (iv) at the expiration of a period of four months from the date on which it came into operation or such longer period Con. from pass< it rel. (4) Parliame1 law for the purp< within the area I taxation so imp< (5) Where th, has not come in commencment relating to the c, or profits or any that Act comes Provided that (i) in any stanc peric whic disso finan (ii) the pl finan solve Artie ment 1 15. (1) No enues of the Rei (a) the exp of th, (b) the ex1 other (cJ theexp gove law · expe1 depa• (2) No warrant expenditure fror (a) the exr J - . - : State; .axation liament. :nt shall ose or to sident or 1at, on or President nbly and ch provi : the force ,s may be kcd, cease uch pcriod Assembly 1 it relates, .sscmbly is relates, the :om the date mgcr period Constitution of Zambia (Amendment) [No. 18 of 1996 679 from that date as may be specified in any resolution· passed by the National Assembly after the Bill to which it relates has been introduced. (4) Parliament may confer upon any authority established by Jaw for the purposes oflocal government power to impose taxation within the area for which that authority is established and to alter taxation so imposed. (5) Where the Appropriation Act in respect of a financial year has not come into force at the expiration of six months from the commcncment of that financial year, the operation of any law relating to the collection or recovery of any tax upon any income or profits or any duty or customs or e,ccisc shall be suspended until that Act comes into force: Provided th_at- (i) in any financial year in which the National Assembly stands dissolved at the commencement of that year the period of si,c months shall begin from the day upon which the National Ass�mbly first sits following that dissolution instead of from the commencement of the financial year; . (ii) the provisions of this clause shall not apply ,in any financial year in which the National Assembly is dis solved after the laying of estimates in accordance with Article 1 1 5 and before the Appropriation by Parlia ment. 1 15. (1) No moneys shall be e,cpendcd from the general rev enues of the Republic unless- ( a) the expenditure is authorised by a warrant under the hand of the President; (b) the expenditure is charged by this Constitution or any other law on the general revenues of the Republic; or (c) the expenditure is of moneys received by a department of govenunent and is made under tl)e provisions of any law which authorises that department to retain ·and expend those moneys for defraying the expenses of the department (2) No warrant shall be issued by the President authorising expenditure from the general revenues of the Republic unless-- ( a) the expenditure is authorised by an Appropriation Act; Withdrawal of moneys from general revenues 680 No. 18 of 1996) Constitution of Zambia (A,riendment) (b) the expenditure is necessary to carry on the services of the Government in respect of any period, not exceeding four months, beginning at the commencement of a financial year during which the Appropriation Act for that finan cial year is not in force; (c) the expenditure has been proposed in a supplementary estimate approved by the National Assembly; ( d) no provision exists for the expenditure and the President considers that there is such an urgent need to incur the expenditure that it would not be in the public interest to delay the authorisation of the expenditure uhtil such time as a supplementary estimate can be laid before and approved by the National Assembly; or (e) the expenditure is incurred on capital projects continuing from the previous financial year and is so incurred before commencment of the Appropriation Act for the current financial year. (3) The President shall, immediately after he signs any warrant authorising expenditure from the general revenues of the Republic, cause a copy of the warrant to be transmitted to the Auditor-General. (4) The issue of warrants under paragraph (d) of clause (2), the investment of moneys Conning part of the general revenues of the Republic and the making of advances from such revenues shall be subject to such limitations and conditions as Parliament may pre- scribe. (5) For the purposes of this Article the investment of moneys fanning part of the general revenues of the Republic or the making of recoverable advances therefrom shall not be regarded as expenditure, and the expression " investment of moneys " means investment in readily marketable securities and deposits with a finan cial institution approved by the Minister responsible for finance. - 116 Verify source ↗
Where in any financial year any expenditure has been
AI-assisted research summary: If expenditure was authorised by a presidential warrant, the Minister responsible for finance must lay a supplementary estimate before the National Assembly for approval within four months, or at the first sitting after that if the Assembly is not sitting.
116. Where in any financial year any expenditure has been authorised by a warrant issued by the President under paragraph ( d) of clause (2) Article 1 13, the Minister responsible for finance shall cause a supplementary estimate relating to that expenditure to be laid before the National Assembly for its approval before the expiration of a period of four months from the issue of the warrant or, if the National Assembly is not sitting at the expiration of that period, at the first sitting of the National Assembly thereafter. Supplemen tary estimates in respect of expenditure authorised by warrant Appropria tion Acts and Suwlcntary Appropria tion Acts - 117 Verify source ↗
(I) The Minister responsible for finance shall cause yi be
AI-assisted research summary: The Minister responsible for finance must prepare and lay before the National Assembly estimates of the Republic’s revenues and expenditure within three months after each financial year starts.
117. (I) The Minister responsible for finance shall cause yi be prepared and shall lay before the National Assembly within three months after the commencement of each financial year estimates of the revenues and expenditure of the Republic for that financial year. Co, (2) When ti by the National the amount apr to be known as the National As for the purpos Republic. (3) Nothing approval of the which relate to Bill of provisio charged on the tion or any oth, (4) Wherea in respect of an (a) no am, any : that (b) the am the I of e> was i unde shall fiftee Natic perio Natic Supp provi expe1 (5) Where, in without the aut11 for finance shall, ate committee of Assembly, not la year or; if the Na that period, with Assembly therea Appropriation Bi. lure. 1 18. (!)The prepared and sha: nine months afte1 in respect of that Constitution of Zambia (Amendment) [No. 18 of 1996 681 (2) When the estimates of the expenditure have been approved by the National Assembly, the heads of the estimates together with the amount approved in respect of each shall be included in a Bill to be known as an Appropriation Bill which shall be introduced in the National Assembly to provide for the payment of those amounts for the purposes specified out of the general revenues of the Republic. (3) Nothing in this Article shall be construed as requiring the approval of the National Assembly for that part of any estimates which relate to, or as requiring the inclusion in an Appropriation Bill of provisions authorising the expenditure of, sums which arc charged on the general revenues of the Republic by this Constitu tion or any other law. (4) Where any supplementary expenditure has been authorised in respect of any financial year for any purpose and- ( a) no amount has been appropriated for that purpose under any head of expenditure by the Appropriation Act for that financial year; or (b) the amount of the supplementary expenditure is such that the total amount expended for the purposes of the head of expenditure in which expenditure for that purpose was included is in excess of the amount so appropriated under that head, the Minister responsible for finance shall introduce in the National Assembly not later than .· fifteen months after the end of that finacial year or, if the National Assembly is not sitting at the expiration of that period, within one month of the first sitting of the National Assembly thereafter, a Bill, to be known as a Supplementary Appropriation Bill, confirming the ap proval of Parliament of such expenditure, or excess of expenditure, as the case may be. (5) Where, in any financial year, expenditure has been incurred without the authorisation of Parliament, the Minister responsible for finance shall, on approval of such expenditure by the appropri ate committee of the National Assembly, introduce in the National Assembly, not later than thirty months after the end of that financial year or, if the National Assembly is not sitting at the expiration of that period, within one month of the first sitting of the National Assembly thereafter, a Bill to be known as the Excess Expenditure Appropriation Bill, for the approval by Parliament of such expendi ture. - 118 Verify source ↗
(1) The Minister responsible for finance shall cause to be
AI-assisted research summary: The Minister responsible for finance must prepare and lay before the National Assembly a financial report for each financial year within nine months after that year ends.
118. (1) The Minister responsible for finance shall cause to be prepared and shall lay before the National Assembly not later than nine months after the end of each financial year a financial report in respect of that year. Financinl report I I . : ,. i :] ., t,: ,\ ·i ·l \ . ,, ,, �' . - 1
AI-assisted research summary: Parliament may prescribe additional information to be included in a financial report for a financial year.
1 .i ·i I ':! . � ., ·,\ ,, . 1 . ·.}; ,. •1 ,i ,<l it-,· i� , . ' ·1 < ' ' .i , ,� ' i! :·? ,: : ., ' "i ' • , {). , I the our cial 1an- ,tary dent r the :st to time : and :iui 1 ,efc.. . Jrrent arrant rublic, :neral. 2), the of the hall be 1y pre- noneys naking ded as means a finan- ce. as bee_n raph (d) ICC shall 1re to be fore the warrant n of that 1er. �SC to be hin three imates of cial year. . ' 682 No. 18 of 1996] Constitution of Zambia (Amendment) Remunera tions of certain officers (2) A financial report in respect of a financial year shall include .; accounts showing the revenue and other moneys received by the Government in that financial year, the e,cpenditure of the Govern- ;\ ment in that financial year other than expenditure charged by this .: · · • Constitution or any other law on the general revenues of the ) : Republic, the payments made in the financial year otherwise than for the purposes of e,cpcnditure, a statement of the financial position of _; ,1 the Republic at the end of the financial year and such other infonna- .; 1, lion as Parliament may prescribe. ,, ;; ·l :) · - 119 Verify source ↗
(I) There shall be paid to the holders of the offices to which
AI-assisted research summary: Holders of certain offices are to be paid salary and allowances set by law, and their pay or terms of office must not be made worse after appointment.
119. (I) There shall be paid to the holders of the offices to which this Article applies such salary and such allowances a� may be prescribed by or under an Act of Parliament. (2) The salaries and any allowances payable to the holders of offices to which this Article applies shall be a charge on the general revenues of the Republic. (3) The salary payable to the holder of any office to which this � -- .• . ·t ·, '-X Article applies and his tenns of office shall not be altered to his . disadvantage after his appointment (4) Where a person's salary ·or terms of office depend upon his . { ' option, the salary or tenns for which he opts shall, for the purposes of clause (3), be deemed to be more advantageous to him than any others for which he might have opted. (5) This Article applies to the offices of judge of the Supreme Court, Attorney-General, judge of the High Court, Investigator- General, Solicitor-General, Director of Public Prosecutions, Secretary to Cabinet and Auditor-General and to such other offices as may be prescribed by an Act of Parliament. Pubi!c debt 120 (I) There shall be chargell on the general revenues of the republic all debt charges for which the Government is liable. (2) For the purposes of the Article, debt charges include interest, sinking fund charges, the repayment or amortisation of debt, and all e,cpenditure in connection with the raising of the loans on the security of the revenues of the fonner Protectorate of Northern Rhodesia or the Republic and on the service and redemption of debt thereby·created. - 121 Verify source ↗
(I) There shall be an Auditor-General for the Republic
AI-assisted research summary: The President appoints an Auditor-General subject to National Assembly ratification, and the Auditor-General must audit public accounts and report on them within set deadlines.
121. (I) There shall be an Auditor-General for the Republic whose office shall be a public office and who shall, subject to ratification by the National Assembly, be appointed by the Presi dent. (2) It shall be the duty of the Auditor-General- Auditor General 1� • ,1 ·.r l! ·"· .,: ·;_ •• ) .J; "t ,l ,1 . -, ) · •1 :. 1, ' •. Con. (a} to satis com1 (b) to sati: appli ated appn with case auth, (c)toaudil Rep1 by P the I Gov, may (d) to audi by tl reve· to th end , (3)TheAudi have access to relating to any , (4)TheAudi· the end of eacl referred to in pa year to the Pres first sitting oftl report, cause it , President make Assembly, the Speaker of the ; is vacant or iftl functions of his be laid before ci (5) The Aud exercise such , Government or bodies as may I (6) In the exe the Auditor-Ge control of any c Constitution oJZambia (Amendment) [No. 18 of 1996 683 (a) to satisfy himself that the provi;ioris of this Part are being complied with; (b) to satisfy himself that the moneys expended have been applied to the purposes for which they were appropri ated by the Appropriation Act orin accordance with the approved supplementary estimates, or in accordance with the Excess Expenditure Appropriation Act, as the case may be, and that the expenditure conforms to the authority that governs it; ( c) to audit the accounts relating to the general revenues of the Republic and the expenditure of moneys appropriated by Parliament, the National Assembly, the Judicature, the accounts relating to the stocks and stores of the Government and the accounts of such other bodies as may be prescribed by or under any law; ( d) to audit the accounls relating to any expenditure charged by this Constitution or any other law on the general revenues of the Republic and to submit a report thereon Auditor to the President not late.r than twelve months after the General end of each financial year. (3) The Auditor-General and any officer authorised by him shall . have access to all books, records, reports and other _documents relating to any of the accounts referred to in clause (2) . . ( 4) The Auditor-General shall, not later than twelve months after the end of each financial year, submit a report on the accounts referred to in paragraph (c) of clause (2) in respect of that financial year to the President who shall, not later than seven days after the first sitting of the National Assembly next after the receipt of such report, cause it to be laid before the National Assembly; and if the President makes default in laying the report before the National Assembly, the Auditor-General shall submit the report to the Speaker of the National Assembly, or if the office of the Speaker is vacant or if the Speaker is for any reason unable to perform the functions of his office, to the Deputy Speaker, who shall cause it to be laid before the National Assembly. (5) The Auditor-General shall perform such other duties and exercise such other powers in relation to all accounts of the Government or the accounts of other public authorities or other bodies as may be prescribed by or under any law. (6) In the exercise of his functions under clauses (2), (3) and (4), Ilic Auditor-General shall not be subjected to the direction or control of any other person or authority. include l by the Govern- I by this ; of the : than for ,sition of infonna- to which : may be .oloer:1 .,f ie general vhich this red to his I upon his : purposes 1 than any : Supreme vestigator- ,secutions, her offices �ue· �rthe iatJ de interest, lebt, and all ans on !\le ,r Northern ,tion ofdebt 1c Republic ' subject to ,y the Presi- "'T:,- •���� . ' \ ( .-: ' C \ � I :� 1 -� ' � i. ;· ; ,, ·-t · .. ' � ;I li j · \i \' ,. � ' 1 1 j j , ' . .I 684 No. 18 or 1996] Constitution of Zambia (Am�ndment) Tenure of office of Auditor General - 122 Verify source ↗
Section 122
AI-assisted research summary: The Auditor-General must leave office at age 60, may be removed only under this Article, may resign with three months’ notice to the President, and cannot hold any other public office.
122. (I) Subject to the provisions of this Article, a person holding the office of Auditor-General shall vacate his office when he attains the age of sixty years. (2) A person holding the office of Auditor-General may be removed from office only for inability to peform the functions of his office, whether arising from infirmity of body or mind, or for incompetence or for misbehaviour and shall not be so removed except in accordance with the provisions of this Article. (3) If the National Assembly resolves that the question of removing apersonholdingtheofficeof Auditor-General from office under this Article ought to be investigated then----- ( a) the National Assembly shall, by resolution appoint a tribunal which shall consist of a Chairman and not less than two other members, who hold or have held high judicial office; (b) the tribunal shall inquire into the matter and report on the facts thereof to the National Assembly; and (c) the National Assembly shall consider the report of the tribunal at the first convenient sitting of the National Assembly after it is received and may, upon such consid eration, by resolution, remove the Auditor-General from office. (4) If the question of removing a person holding the office of Auditor-General from office has been referred to a tribunal under this Article, the National Assembly may, by resolution, suspend that person from performing the functions of his office, and any such suspension may at any time be revoked by the National Assembly by resolution and shall In, any case cease to have effect if, upon consideration of the report of the tribunal in accordance with the provisions of this Article, the National Assembly does not remove the Auditor-General from office. (5) A person who holds or has held the office of Auditor-General shall not be appointed to hold or to act in any other public office. (6) A person who holds the office of Auditor-General may resign upon giving three months' notice to the President. 'i PART XI SERVJC!i COMMISSIONS Commis sions
Part
PART XI
- 123 Verify source ↗
(I) There shall be established for the Republic a Judicial
AI-assisted research summary: A Judicial Service Commission is to be established for the Republic, and it has the functions and powers given by the Constitution and by Acts of Parliament.
123. (I) There shall be established for the Republic a Judicial Service Commission which shall have functions conferred on it by this Constitution and such other functions and powe·rs, as may be prescribed by or under an Act of Parliament. Cons (2) Parliamen sions which, tog hereafter collect shall have such service, .or in rel; constitutional of scribed by or un, (3) Commiss established for ti shall have such l under such an A ( 4) Nothing in or under an Act < functions and p employment. - 124 Verify source ↗
(I) Thi
AI-assisted research summary: Parliament may establish additional commissions, and those commissions may be given prescribed functions and powers.
124. (I) Thi benefits that wen of this Constituti .which those bem that is not less f2 . (2) The law t, not being benefit (a) in so far Of SCI depar a men the co was ii (b) in so faJ ofa p in the or as aftert in for comrr or any law in fon person. (3) Where a p oftwoormorela• shall, for the PL favourable to hir ' , ,- , . · - .f ,•:;:�� ;�{\. U-4 �.:��- - - - � Constitution of Zambia (Amendment) [No. 18 or t996 685 Pension laws and protection (2) Parliament may establish for the Republic other'Commis sions which, together with the Judicial Service Commission, are hereafter collectively referred to as Service Commissons, which shall have such functions and powers in relation to the public service, or in relation to persons in public employment other than constitutional office holders or public officers, as may be pre scribed by or under an Act of Parliament. (3) Commissions other than Service Commissions may be established for the Republic by or under an Act of Parliament and shall have such functions arid powers as may be prescribed by or under such an Act. (4) Nothing in the foregoing precludes provision being made by or under an Act of Parliament to confer on a Service Commission functions and powers in relation to matters other than public employment. - 124 Verify source ↗
(1) The law to be applied with respect to any pension
AI-assisted research summary: This section sets which law applies to different pension benefits and says some pension benefits are charged on the Republic’s general revenues.
124. (1) The law to be applied with respect to any pension benefits that were granted to any person before the commencement of thls Constitution shall be the law that was in force at the date on .which those benefits were granted or any law in force at a later date that is not less favourable to that person. . (2) The law to be applied with respect to any pension benefits not being benefits to which clause (1) applies, shall- (aJ in so far as those benefits are wholly in respect ofa period of service as a public officer, as any officer in the department of the Clerk or the National Assembly, or as a member of the anned forces, that commenced before the commencement of this Constitution, be the law that was in force immediately before that date; and (b) in so far as those benefits are wholly or partly in respect of a period of service as a public officer, as any officer in the departmet of the Clerk of the National Assembly, or as a member of the armed forces, that commenced after the commencement of this Constitution, be the law in force on the date on which that period of service commenced; or any law in force at a later date that is not less favourable to that person. (3) Where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law for which he opts shall, for the purposes of this Article, be deemed to be more favourable to him thari the other law or laws. person henhe 1ay be s ofhis or for moved .ion of 1office )Oil 101 1ess Id high t on !he 'of the rational consid Jeneral mce of ii under end that ny such mbly by f, upon Hitf -• I re, General office. ,yresign Judicial on it by . may be . ' 686 No. 18 or 19961 Constitution of Zambia (Amendment) (4) All pension benefits shall, except to the extent to which they are a charge on a fund established by or under any law and have been duly paid out of that fund to the person or authority to whom payment is due, be a charge on the general revenues of the Republic. (5, In this Article " pension benefi\s " means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as public officers, as officers in the depart ment of the Clerk of the National Assembly or as members of the armed forces or for the widows, children, dependants or personal representatives of such persons in respect of such service. (6) References in this Article to the law with respect to pension benefits include, without prejudice to their generality, references to the law regulating the circumstances in which such benefits may be granted orin which the grant of such benefits may be refused, the law regulating the circumstances in which any such benefits that have been granted may be withheld, reduced in amount or suspended, and the law regulating the amount of any such benefits: Provided that, notwithstanding anything to the contrary con tained in this Constitution or any other written law, such references shall not be so construed as to include the law regulating the age of compulsory retirement (7) In this Article- ( a) references to service as a public officer includes references to service as a public officerunder the Government of the territories which on the 24th October, 1964, became the sovereign Republic of Zambia and references to service as a member.of the teaching service of the said Govern ment; (b) references to service as an officer in the department of the Clerk of the National Assembly includes reference lo service as an officer in the department of the Clerk oflhe Legislative Assembly of the said territories; and (c) references to service as a member of the armed forces include references to service as a member of the armed forces of the said territories. PART XII HUMAN RIGHTS COMMISSION i;' ' i'. ! '
Part
PART XII
- 125 Verify source ↗
(I) There
AI-assisted research summary: This provision establishes the Human Rights Commission and says it must be autonomous.
125. (I) There Commission. Establishement of Human Rights Commission and its independence is hereby established a Human Rights ' ,-.,._,_, ___ ---··-. . ·� Co, (1)The Hun 1 26. The mlrninistrativc the Human Rif Act of Parliam 1 27. (1) St Jns1ilutionofC with the cultur of the people t (2) In any c resolved, the i: usin!! a metho 1 28. The Chic'fs: (a) the 11 per sue the (h) nothi fro sor (c) a tra pri Ge ma 1 29. A p participate in 1 30. The shall be an ; customary an 1 3 1 . Not (a) cons cu N, (h) initi cu ;, ::_:, __ i,�,'.f:.",,�.•.;_.�-.}_:,_; .. :_: .•. , .,:_·_-.•,��.:_.,•::,_',· . '-� "' ·•-,>,'I .- .. _ ('t\:'."'lg\..:-•�-.,s:-��.(!:1:•-· • r - •::;··' , ... ·1 ;,"��:"\, :� . , • . • - �-�-----'°'�.f!h-.��::d.id ..,. ... 1 • • • -�> . . -r .- � . . _ , ' ' -. -•�',::;.:.,..:;,.,,_.,..,.<:>'t.,;;;/.J.�� - ._'::.. r •]� 1.-;;·k.� ... ; c;,..:.c�-�•;,�: . ._____._....�- .. · , . , r!,',11. . • ····-·'"- -�- - - ·1- , , �-- " , :..,�'.- .-,i.},:,•.·-;,;:' ',_1 ·,,7� ..... _,_ .. ___ ":;.���{5f.7f�•�'.} •, ,.-1�' ' - -- -� - - - .:,._- ai- s • · �-, .. ;r• . , . [No. 1 8 of 1996 687 \t: . - , . , • ' . . . •' �"' . Constitution oJZamhia (Amendment) . 1 :· J · ,� / • · ?j •.··_ (2f The Human Rights Commission shall _� auim:mmous. . . ' /ii . _- ·;,:: i . , - 126 Verify source ↗
The furietions, powers, composition, funding and
AI-assisted research summary: The Human Rights Commission’s functions, powers, composition, funding, and administrative procedures, including staff employment, must be set by or under an Act of Parliament.
126. The furietions, powers, composition, funding and · ,• administrative proccqures, including the employment of staff, or (� :'. : .. · ii! ; · ·. · ih� Human Rights Commission shall be prescribed by or undcran . ''.;' '. ·, , - . A�! or Parliament.· - - �n � - fr. ·- . : . ,.- :-J ,: -----:· Ji· f ;.• .. 1ti . . .:�1 , PART XIfl · Cnmrs AND H ousn OF C11iEFS.
Part
PART XIfl
- 127 Verify source ↗
(1) Subjc�t to the provisions of !his Constitution,' the
AI-assisted research summary: The provision says the Institution of Chief must exist and operate as a corporation sole; it also protects certain customary privileges and bars people from insulting or politically involving a Chief.
127. (1) Subjc�t to the provisions of !his Constitution,' the Institution of Chief shall exist in any area ofZambiain accordance with the culture, customs and traditions or wishes and aspinitions or 1�c·pcople to whom it applies. . , (2) In any community, where the issue of a Chief has not beer\ res�Jvcd, the issue shall be resolved by t)1e community concemdd u_sing a method prcscri_hed )Jy an Act or P�rliaincnt . d principies: ing ��n�c :� ·r , . } f·. � t ;, ·· � ::1 ii'�;. ; �;,:;i; The _f�ll�� ��: � (a) the Institution of Chiq_r shall pe a·;9rpo�atio11 soje wilh perpetual succession and wilh capacity·to sue and be sued and to hold ass�tsorpropcrties in trustforiL�clrand the people concc_mcµ; . . : . . •: �f H' ·,_ij_; ;_:· ,_· .·• .... · • '1 1• � .i{ I' sha , p;y to ,i., I (h) nothing i� paragr�ph'caj shall be taken to prohibi� � Chief ssct or property acquired i,:t a per- �:n:l ����;i7/7n; .. (c) a traditi�n�! Icade� or cultural l_cader shall enjoy such privileges and bcnelits as may be confcrre4 py lhe Govef!lmcnt an4 1!1p local govep,mcnt Qr as fi]�t lcader may be.entitled to undcrculturc, custorn·and rraclition. JJ9. A person ·sha]l 11�� _;Jitjc ;��:ajpin� ;· Chief, j�;� �r participate in parti�an politics. · - 130 Verify source ↗
There shall be a House or Chiers ror thc Republic which ·
AI-assisted research summary: The House of Chiefs may consider and discuss bills and customary-law matters, and it must send resolutions on referred bills or matters to the President.
130. There shall be a House or Chiers ror thc Republic which · sl1all be an aqvisory body to tpe Oovemfncnt_· on traditional, customary and any plj1cr matters refe[Te9 to it by �e Prcsid()nL , IJ I . Notwithstanding Article I 30, the House of Chiersrnar:-=- ( a) consj4erand discuss any Bjll dc?li�gwith, ortouchingon, custom or tradition ·before 11 1$ introduced into lhe National Ass�mply; _ ' (b) initiate, discuss and decide on matters !hat relate to _ · · · _ customary. law and practice; ich they ve becn ayment llSions, OllS in lepart of the rs6nal nsion :cs ay_� elaw have , aild :On- 1ces e of :es he he ce o- e 0 i , , it ' ::I ; ? l • li 'lb, . . '@ [•1• : :} ;'.··�- __ )_- .·· "' �� : ,, .J • j :· "' ' _.,.":;_:,· ! · •, : A; ] J · , t: .,,_'; ·Ii ti ', ;� Func1ions, powc.rs. composition. procedure� C(C. of Human Rights ��mmission The lmaiturion of Chier Cunccpt and prim:iplcs n•l,1tinl! to th" lm,titu tion of Chic[s Chief not to pc parti��n Hou�c or Chiefs FunCti�ns of houscfof ' Chiefs -·-i ' ' . ' _., I r : &\ £ ;},�- "1 . ._ , A . • - 1 ,, t.,i/ [i ·. '1 ._. -.:.1 ,'_,.·-;, ,,.,.,, , ·i- f - i,1-;�; //lt',:· ?!1 ,_,, .. .- ,, ( ,.L ��":i,, l ,. � ! • ii\ ' t]{j J\\" 1 •� �)� • ·1· J .' Ji ti fl'.;):·7\;:,i \I ''}f;:''"fet, '1·,�· 11;i1 1/ " ,'''•1 l�ft1r. « :\u,;..; ' \i;�{f �t ,,;,' ,;.J.�h,1! l;" T !t'J-1 J+::�.!�i· f;lit l'"" ' li,�i: • - •I'" • ' ·- . ·:.�:.:/ ,.- ·. -.'.....:.::: ..... :. i-·-•-4-1.-W:�.L .:�_ii::·;·_; ,' -. - - . . ' ... � ' • . ,�-1�--�-, .--�,--: . - : ...... _,_ ...... ..c:_ __ .,;.o:;.:.,--..;_ -_A,��....:;...��--.,.,::!�,,,:..)_��'-' .L;;_;;;;�,c-, .,,.� .,,,:c::,.,,,;i��ta��t.�,iL -- -·-�· .. - . ;:�;•:¼"bt:'".: 688 No. 18 or 1996] Constitution o/Zamhia (Amendment) (c) consider and discuss any other matter referred to it for its consideration by the President or approved by the Presi dent for consideration by the House; and (d) submit resolutions on any Bill orothermaucr referred to it to the President, and the President shall cause such resolutions to be laid before the National Assembly. - 132 Verify source ↗
(1) The House of Chiefs shall consist of twenty-seven
AI-assisted research summary: The House of Chiefs must have 27 members. Each province provides three chiefs, members serve three years, may be re-elected for another three years, and may resign with one month’s written notice to the Chairman.
132. (1) The House of Chiefs shall consist of twenty-seven. Chiefs. (2) The members referred to in clause (I) shall consist of three chiefs elected by the Chiefs from each of the nine Provinces of the Republic. (3) The Chaim1an and the Vice-Chainnan shall be elected from amongst the members. 133, (1) A member of the House of Chiefs- (aJ shall hold office for a period of three years and maybe re elected for a further period of three years; or (h J may resign upon giving oneroonth'snotice in writing to the Chairman. (2) The office of member shall become vacant ( a) upon his death: (h) ifhe ceases to be a Chief; (c) if any othercireurnstances arise that would cause him to be disqualified for election; ( d) if he becomes a candidate to any election, or acceptS an appointment, to any office in a political party; ( e) ifhe is adjudged or becomes an undischarged bankrupt; or (f) ifhe is declared or becomes of unsound mind under any law ' in Zambia - 134 Verify source ↗
The Chairman and every roember of the House of Chiefs
AI-assisted research summary: The Chairman and every roember of the House of Chiefs must take an oath of allegiance.
134. The Chairman and every roember of the House of Chiefs shall take an oath of allegiance. - 135 Verify source ↗
There shall be a Clerk of the House of Chiefs and such
AI-assisted research summary: The House of Chiefs must have a Clerk and any other staff needed to carry out the functions under this Part.
135. There shall be a Clerk of the House of Chiefs and such other staff.as may be necessary for carrying out the functions under this Part. - 136 Verify source ↗
Subject to the provisions of this Constitution, the President
AI-assisted research summary: The President may make regulations, by statutory instrument and subject to the Constitution, about the House of Chiefs.
136. Subject to the provisions of this Constitution, the President may by statutory instrument, make regulations for- ( a) the appointment of the Clede and otherofficers of the House of Chiefs; Composition of House of Chiefs Tenure of office and vooancy Oaths of members a( House of Chiefs Staff of House of Chiefs President may make regulations (b) pl (c) tl (d) th (e) St - 137
AI-assisted research summary: The text is too garbled to reliably extract a rule.
137. o: establisheC writing un, whom he \ Provide. or Deputy : that office case of an ( his resigna (2) The by this Crn the resigna addressed ' to receive : - 13S
AI-assisted research summary: The text appears to relate to appointing a person to an office or constitutional role, but it is too corrupted to extract the rule confidently.
13S. (1: by this Co elected to t Constitutic (2) Wh person to 1 appointed . may be ho absence pc or more P appointme poses of an the pcrso1 holder of - 139
AI-assisted research summary: The provision lists matters that may be dealt with, including remuneration, House of Chiefs procedure, privileges and immunities, and related matters.
139. (I requires " Act II Art · � : �.: :�· :·.- · · : , .,. � : " 1 . . - . . �--·� ,., ,.::r}�,:.: ' / ' •J - ·. � ·;: '. ,; ' �' , , -t:·� �11>::.' .. - �- �· it for its e Presi- 'Cd IOit , such >ly. ,seven. three If the re :he ' . ... � ; -- --_;- ' __ ,_ :0, ._., ,_,.,_ . ;,; _ . , , _,_, __ , . : ,: --�t,-�K-'{0�\:,-:c,•,-iJ:.' -,cj;cCJ, �;;J,���:{;i ::�it1jf,l [No. 18 or 1996 689 �- - .. .:>r �- ,. �-1: 1·;;··�')'i.'..1 _;.�'t- - � : Constitution of Zambia (Amendment) . (b) provide for the remuneration of the Chainnan, the Vice ' • Chainnan and other members of the House; (c) the proceedings and conduct of the House of Chiefs; ( d) the application of ;ny of the privil�ges anci immunities of the National Assembly and its inembers to the House of Chiefs and its members; and ' ; , : " • 1 . ,/ f;:1\1>--l't)•�; -{f�./:Bitli� ·1} V \-�'l'if�} �1 .-· ,;-..1-f.,,;d ill!IJ.i �r;;, .... .,.-z ... ...:.v, . .;�[ttt�r -�f;Y�tJlt � �(•�_:!.:"l.!311 �JW��j�7!t! ' -�1-':;�:�t�J I' tft· • ' - ·.ii� (e) such other matters as are necessary or conducive to the better carrying out of the purposes of_this Part. PART XIV . I ' • MiSCELLANEOUS
Part
PART XIV
- 137 Verify source ↗
(1) Any person who is appointed or elected to any _oflice
AI-assisted research summary: People appointed or elected to constitutional offices may resign in writing to the appropriate recipient.
137. (1) Any person who is appointed or elected to any _oflice established by this Constitution may resign from that office by writing under his hil!ld addressed to the persons or authority by whom he was appointed or elected: Provided thatin the case ofa person w!)o holds office as Speaker or Deputy Speaker of the National Asserriblyhis resignation from that office shjill be addressed to the Natiori,u Assembly, and in the case of an"elected ornominated memberofthe Na\ional Assembly his resignation shall be addressed to the Speaker, _ . . . (2) Th� resignaiion of any perwn fr�m �y. offi\i�tablished by this Constitution shall take effect when the_ ;writing signifying the resignation is received by the person cir authority to whom it is addressed or by any person authorised by -that person or authority to receive iL - 138 Verify source ↗
(!)- Where any person has vacated any office established
AI-assisted research summary: A person who has vacated a constitutional office may be appointed or elected again if qualified. Where the Constitution gives someone power to appoint, a new appointment can still be made even if another person is holding the office on leave pending relinquishment.
138. (!)- Where any person has vacated any office established by this Constitµtion he may, if qualified, again be appointed or elected to hold that office in accordance with.the provisions of this · Constitution._ --- ., ' · · Resignations Reappoint ment and concurrent appiontments (2) Where a power is conferred by tllis·'cJnsiitution upon any person to make any appointment to any office," a· person may be appointed to that office notwithstanding tliat some other person may be holding that office, when that other pcrsori i� on leave of absence pending the relinquishment of the office; and whef\) two or more persons are holding the same · office by reason of an appointment made in pursuance of this clause, then for the pur poses of any function conferred upon the holder of that office, the person last appointed shall be deemed to be the sole holder of the office. - 139 Verify source ↗
(I) In this Constitution, unless the co'ntext otherwise
AI-assisted research summary: This section defines key constitutional terms and sets interpretation rules for offices, powers, repeal, and time calculation.
139. (I) In this Constitution, unless the co'ntext otherwise requires-- Interpreta tion " Act of Parliament " means a law enacted by Parliament; " Article " means an Article of this Constitution; 6?{) .No. 18 of 1996] Constitution of Zambia (Amendment) • " pu p " the th II SC� be of pn " sitti, bly dm 11 statu ord, Par) cha, " Supr estal (2) In !hi service shall: of judges ofl offices of C Industrial Rei (3) In this service shall r of Attomey-G by this Consti the Clerk of th of the Clerk oJ (4) For the l considered as t he is in receipt service under 1 Government. (5) A person menr 10 any off appointed by re leave of absenc, ,· I ¼ . i . . Constitution of Zambia (Amendment) [No. 18 of 1996 691 " public offirer " means a person holding or acting in any public office; " the public service " subject to clauses (2) and (3) shall have the meaning assigned to it by an Act of Parliament; " session " means the sitting or the National Assembly · beginning when it first sits after ihe coining into operation of this Constitution or after Parlinment is prorogued or dissolved at any time and ending .when Parliament _is prorogued or is dissolved without having been prorogued; " sitting " means a period during which the National Assem bly is sitting without adjournment and includes any period during which it is in committee; I " statutory instrument " riiearis aiiyproclamation, regulation, order, rule, notice or otherinsirument, (not being an 'Act Of Parliament) of a legislative 'as distinct froh1 an executive . ' � ., " . ' character, . , ' ., . . · ' " Supreme Court " mean_s the. Supreme Court of Zambia established by this ainstinitiort , - � .. � •:�,_• •,� ,•,:_�;_;.• ;, • I , -<, i , ' (2) In this Constitution, references tq offices in the public service shall not be construed l),; incl,uding references to the offices of judges of the Sup�me Court and o_� the High Co11rt, and to the offices of Chairman, Deputy Chairman, and members of the Industrial Relations Court. ' ,, • - ' (3) In this Constitution references to an office in ihe public service shall not be construed as including �ferences to the office of Attorney-General, qr a member_ of any Coinmis�_ion established by this Constitution or by an Act of Parliament or h:i"tlie office of the Oerk of the National Assembly or any office in th!' department of \he Clerk of the National Assembly. . .. . . . . . . ,, . ' . (4) For the purposes of this Constii�tion, a per�n shall not be considered as holding a public office by reason only of the fact that he is in receipt of a pension or other like allowance in respect of service under the Government of Zambia or ofits · predecessor Government. · · (5) A person shall not be regarded.as disqualified for appoint ment to any office to which a public officer is not qualified to be appointed by reason only that he holds a public office if he is on leave of absence pending relinquishment of that office. (6) In this Constitution, unless the cqntext otherwise requires, a reference to the holder of an office by the .. term designating his office shall be construed as including a referencefo any person.for the time being lawfully acting in or performing the functions of that office: \ • j . ... . , ', ,,;, j . /''',:·· / ' .\�w-!.'..>:·�;.,.. ___ � ... ; -..•..• \c..,J;. , .. .'.:-. ·.= ,.C...,.MM:��..:....:..:l\K __ .,.___..., .::c.., .... ._·.:.,_,_,_._ 692 No. 18 of 1996] Constitution a/Zambia (Amendment) Provided that nothing in this clause shall apply to references to the President or Vice-President in Articles 36, 37, 39 or 45. (7) References in this Constitution to the power to remove a public officer· from his office shall be construed as including references to any power conferred by 311y law to require or pennit that officer to retire from pub!ic service: Provided that nothing in this clause shall be construed as confer ring on any person or authority power to require a judge of the Supreme Court or of the High Court, the Investigator•General, the Auditor-General or the Director of Public Proseculi.ons to retire from the public_ service. (8) Any provision in this Constitution that vests iii ariy person or authority_power to remove any public officer from �is of!i� .fihall be without prejudice to the power of any person or,aulhority to abolish any office or to any law providing foiJiie' _compulsory retirement of public officers generillly or arty class Qf public officers . on attaining an age specified therein. · · .,. · ·· (10) No provision of this Constitution . (9) Where power is vested by this Coi)�titu!ion in .l!llY,person or authority to appoint any person to act in or perfonn the functions of any office if the holder thereof is himself unable to petfoim those functions, no such appointment shall be 'called in q��titi1i'on the ground tfiat the holderof the_ ofjice was f!Ot �nable to peifo(rn those functions:· ' · " ' .. ,. 1•'-.:, , t!Jat �)'._ person . or authority shall not be( subject to the direction 'or_, t(l!ltrol of any other person or: autllority in the e#rclse._:of any functions underthisConstit\ition shall be construed as precluding a court of law from exen;iisin'g jurisdiction in reia,tion �ti. any question whether that person or aµthority has· �rt'oii_ri¢ those functions in accordance with this.Consiitution or'iiny pthef law. (11) When any power is conferred by this Co�tltutiori fu �alee any proclamation, statutory instrument, order, regulation or-rule, or to issue any direction orcertjficate or confer recognition, ihe power shall be construed as including the power, exerdsable'.•in- llke manner, to amend or revoke any such proclamation, statutory instrument, order, regulation, rule, direction or certificate or to withdraw any such recognition: Provided that nothing in this clause shall apply to the power to issue a certificate conferred by clause (2) of Article 36. (12) (a) Any reference in this Consti_tution to a law that amends or replaces my other law shall be construed as including a reference to a law that modifies, re-enacts with or without amendment or modification, or makes different provision in lieu of that other law. ., i ,. ,,,. � " , . · . " '·'·. :- , •· - l, • .1 , .. (iii) (iv)° aJ I (v) aft 11 p al OJ 1 ) ) • :. •, . ; ai: m, be '(13) In this words and ex females:--' . : (14) In this words and exp and expressioi -O5) Where duty, the powe from time to tii · :- : _(1 6) Whe -� �ithout modifi ·w�ich is notto thereof, there is ;f.:-C�! a J)Ow · fffi'. ·- statu1 .r,1, ' ,, " }·, . . •, i', re • il�tJ�, · - •-;•:;· : � � v--·· ' ;\r: . \:.. . . ·.?fr; ... J?f�,_{ I� I ' ., . , , i · . . . , . . . . • • .._' - • , • . , • ,- •: • •• . . ; ' _::--;\ ; ... ·. [No. 18 of 1996 693 T Constitution ;/Ztiiiibia)A�{JUhl!;nt� . .'..:�S,'' (b) Where any Act passed after ·the .commen�ment of this '(,,,.tcohstitution repeals and ii;'.'eiiacili·''witli or without modification, . '' .:?>iili,;; 'provisions' theieor;>' /.drererlds . iri ' this 'Constitution to the ,_,•· :, �-,;;�'"'•-::'-"'r : ' '"; :{�;,\/pro.visions so repeale<j shall, unless the contrary mtenuon appears, - :' )';!3 tx:' construed as �fcr�nC!!s't�'the provisions so �'.enacted. :.�_;.t:f:�:;i'. (c;' Whe·r((�f'�b'i passed. after the commencement of this . ·> :/\ '1:;onsti lUtioh t;;, ., . ihtcniioii ap�ats:'ihe 'repeal shall not- repeafa t<;:r>: ·.· :1� (i)reyive anything not in force orexisting at tl,1�.tilll ·., the re�al takes effect; or. atiJpIUiision thereof then, unI_ess m,e co_ntrary_\·;, '. • ;_ �- •�• � / : .. -:, � :.:: \, "- };_: ;,· ••-,, • ,_· ;� .'.,.-,'.;:!,:-._�,;..<'·r:{i .. ·.1 · , .• .. ) · . , _ . , ,,,, . 1t¼ .'. . , , ' : _ e ,vihich .· at _ ,. : , .. , ,, . , ,_ ·.,;: •.· .. ·,:,.,.\,<-.;,; '- , . · . . ·' . .. .- . : •· , _ ->. -._t,/$/: � /���·.:·.c.·,:;, .-'', "';:,}, :; ? :·( . _/: �,<::, · '-(ii) affect the previousoperationof anyprovisfoiiso·repealed '''(·:::''. . ;-. ·· � . · ' . . l or anytlling duJy done'or stiffemd'.ii���rlii1iSVoviii9t :.'.' +sf:'.: ' "\:.\ \. ,, ·. so re¢aled; of';; ' ,-• ;, �-_{;:,-f:·.-'ft-��<f (r,·: t�\/-< ;>', � 1 .': ·<,�t · � �•r • /·, · ·, . . · . ::. 1, , ".r ;· •.. \ . • • ,_ .. � -' --, '.�"!:. • ' ·- . , , , , , • I . . . ; • � . • • . • ' i . : " ' , ' • _ . . • • ·- ;, . (iii) affect. ;1;:;;; Jght, -�rtviI�ge, 'oiiii��tio�. o/11;bility. ac� . quired, ,accrued .or incurred ;n.d�r. ans,. efiovisjon ·so .-re��a!��; �r· , .. :/::,::_�_�'t./, . .-r.-,: ,' e-, ··:,,- Jl /'·· : ' ,, • �r;: :, j·,:,, "191•,/,J:;..�' . . ' (iv) affect any penalty',.forfdture o"r &mfiscation or punish ment incurred under provision so repealed; or ' . (v) affect any investigation, legal proceeding or remedy in l respect of any such right, privi ege, obligation,Ji ability, . pen_alty, ,forfeiture or confiscation or punishment as . afoies�id, imd any such investigatioii1egal procee_ding of remedy_may be in.siituted, continued prenfor¢<1, and any such penalty, fbrfeiture or oonfiscatioii'or puriish- ment iµ�y � impokd, as if_tjliJ,re�aiiilg ·A�t Jlad ,not been pass¢. . � :_. _;..,'J , ._\� :: '{ ·�;- r: •: '/,,.,:· -· ( .. ' , : _ · . · , -.' _ ,.,..,.: " , ',,, , . · , � .-:s \ . '. • . . ·, . . . · (I 3) In this Constitution; unless the context oiheiwise ·requires, ,. • '.- 1>.,, words and expressions importing the 'masculine' gender inciude� . · -: females .. · · • • , (14) In this Constitution, unless the context otherwise requires, . , . word{ and expressions iz:i lhe singular include the plurai and words . '-:x��;sio�s ill tl}e·p'.ural include the singular . � :m�, . . . . (1.5) Where �is,(;onstilUtion confers any power or imposes any �.uiY: th� gow�r may _be ex�rcised 3?d the duty shall be perf(.)rmed from time. to ume as occas10n requires. ' . :�:x1 tj) )','Jiere by 'anfA'ci W!Jich repeals and re-enacts, viilh or witbouti/J.odification: any'·'provi_sion of this Constitution and . �hicJ{iSiiot to come into force imincdiately on the publi�ation :theiecif, there is conferred-.· · · ·, , ·, . . · . · �;"_:,,.1,.: �• ,,: ··. · ·: .•: (q) a power to make or a,·wwer exercisable by making , statutory instruments; or . � - � . :- ,.� ·, .:••; ti· • ",/: ;:.;� · -, .... - ... · · · •' . . ,. • _ . .. l ·- . -'· 694 No. 18 of 1996] Constitution of Zambia (Amendment) (b) a power to make appointments; or (c) a power to do any other thing for the purposes of the provision in question; that power may be exercised at any time on or after the date of publication of the Act in the Gazette: Provided that no instrument, appointment or thing made or done ·under that power shall, unless it is necessary to bring the Act into force, have any effect until the commencement of the AcL (17) In computing time for the pulpOses of any provision of this Constitution, unless a contrary intention is expressed- ( a) a period of days from the happening of an evcnfor thc doing of any act or thing shall be deemed to be exclusive of the day on which the event happens or the actorthingis done; (b} if the last day of the period is Sunday or a public holiday which days are in this clause referre� to as " excluded days " the period shall include the next following day, not being an excluded day; (c} where any act or proceeding is directed or allowed to be done or taken on a certain day, then, if that day happens to be an excluded day the act or proceeding shall be considered as done or taken jn due time if it is dOne or taken the next day afterwards, not being an excluded day; ( d) where an actor proceeding is directed or allowed to be done or taken within anytime not exceeding six days.excluded days shall not be reckoned in the computatio� of the time, • --------·---·- �, --·· ' ,.,., .,.,,. , .. ,-,,�-----,--,-,,��- ,,,, J II
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Constitution of Zambia (Amendment) Act, 1996
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