THE CONSTITUTION OF ZAMBIA (AMENDMENT)

118 Pages·2015·1.67 MB·English

THE CONSTITUTION OF ZAMBIA (AMENDMENT)
(No. ) BILL, 2015
MEMORANDUM
The object of this Bill is to amend the Constitution of Zambia so
as to—
(a) revise the Preamble to the Constitution in order to
recognise the multi-ethnic and multi-cultural character
of Zambia, to honour and recognise freedom fighters
and ensure that all powers of the State are exercised in
common interest;
(b)re-assert the supremacy of the Constitution and the status
of Zambia as a sovereign Republic and declare its
national symbols and official languages;
(c)provide for the right and duty of citizens to protect the
Constitution and to compensation for punishment or loss
arising from the defence of the Constitution;
(d)revise the provisions relating to national values, principles
and objectives;
(e)revise the provisions relating to citizenship in order to permit
dual citizenship and provide for modes of acquiring
Zambian citizenship;
(f) provide for representation of the people through a
majoritariart electoral system of electing the President
of the Republic and a mixed member proportional
representation system of electing members of
Parliament;
(g)provide for the rights and obligations of political parties
and the establishment and management of the Political
Parties' Fund;
(h)revise the provisions relating to the Legislature in order to
provide for, among other matters, the composition and
procedures of the National Assembly;
(i)revise the provisions relating to the Executive in order to,
among other matters, provide for the election of the Vice-
President of the Republic as a running mate to a
presidential candidate in a presidential election and the
appointment of Parliamentary Secretaries;
(j)revise the provisions relating to the Judiciary in order to
provide for the establishment of the Court of Appeal
and the Constitutional Court and revise the jurisdiction
of the superior courts;
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30th July, 2015
2 No. of 20151 (cid:9)
Constitution of Zambia (Amendment)
(k)
establish provincial assemblies and provide for their
functions, composition and procedure;
(l)revise the provisions relating to local government in order
to establish structures and principles of a devolved
system of government and provide for the determination
of election petitions by ad hoc local government
elections tribunals;
(m)provide for the institution of Chieftaincy and traditional
institutions;
(n)provide for the values and principles of public service,
constitution of offices for the public service, and
appointment of constitutional office holders and public
officers;
(o)provide for defence and national security and re-name
the Zambia Police. Force as the Zambia Police Service
and the Prisons Service as the Zambia Correctional
Service;
(p)revise the provisions relating to public finance and budget,
establish the National Treasury Account and the
Compensation Fund and provide for the enactment of
legislation on budgeting and planning;
(q)introduce provisions relating to the independence of the
Central Bank, appointment of the Governor and
enactment of legislation on the. Central Bank;
(r)provide for Services, Service Commissions, commissions
and other independent offices;
(s)introduce provisions relating to land, property, environment
and natural resources; and
(t)provide for matters connected with, or incidental to, the
foregoing.
L. KALALUKA,
Attorney-General
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Constitution of Zambia (Amendment) (cid:9) [No. of 2015 3
A BILL
ENTITLED
An Act to amend the Constitution of Zambia.
ENACTED by the Parliament of Zambia
Enactment
1.
This Act may be cited as the Constitution of Zambia
Short title
(Amendment) (No. ) Act, 2015, and shall be read as one with the
Constitution of Zambia, in this Act referred to as the Constitution.
Cap. 1
5 (cid:9) 2.
The Constitution is amended by the repeal of the Preamble Repeal and
and the substitution therefor of the following: replacement
of Preamble
PREAMBLE
WE, THE PEOPLE OF ZAMBIA:
ACKNOWLEDGE the supremacy of God Almighty;
10 DECLARE the Republic a Christian Nation while upholding a
person's right to freedom of conscience, belief or religion;
UPHOLD the human rights and fundamental freedoms of every
person;
COMMIT ourselves to upholding the principles of democracy
15 and good governance;
‘
RESOLVE to ensure that our values relating to family, morality,
patriotism and justice are maintained and all functions ofthe State
are performed in our common interest;
CONFIRM the equal worth of women and men and their right to
20
freely participate in, determine and build a sustainable
political,
legal, economic and social order;
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the multi-ethnic, multi-racial, multi-
RECOGNISE AND UPHOLD
religious and multi-cultural character of our Nation and our right
to manage our affairs and resources sustainably in a devolved
system of governance;
RESOLVE that Zambia shall remain a unitary, multi-party and 5
democratic sovereign State;
RECOGNISE AND HONOUR the freedom fighters who fought for
the independence of our Nation in order to achieve liberty,
justice and unity for the people of Zambia;
AND DIRECT that all State organs and State institutions abide 10
by and respect our sovereign will;
HEREBY SOLEMNLY ADOPT AND GIVE TO OURSELVES THIS
Do
CONSTITUTION:
3. The Constitution is amended by the repeal of Parts I and II
Repeal and
replacement and the substitution therefor of the following Parts: (cid:9) 15
of Parts I
and II
PART I
SUPREMACY OF CONSTITUTION
(1) This Constitution is the supreme law of the Republic of
Supremacy 1.
of Zambia and any other written law, customary law and customary
Constitution practice that is inconsistent with its provisions is void to the extent 20
of the inconsistency.
An act or omission that contravenes this Constitution is
(2)
illegal.
This Constitution shall bind all persons in Zambia, State
(3)
25
organs and State institutions. (cid:9)
The validity or legality of this Constitution is not subject to
(4)
challenge by or before a State organ or other forum.
A matter relating to this Constitution shall be heard by the
(5)
Constitutional Court.
30.
Every person has the right and duty to—
Defence of 2.
Constitution
(a)defend this Constitution; and
resist or prevent a person from overthrowing, suspending
(b)
or illegally abrogating this Constitution.
3. The operation of this Constitution shall not be affected by
Continuous
an unlawful act to overthrow, suspend or illegally abrogate its 35
effect of
Constitution provisions.
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Viet
Constitution of Zambia (Amendment) (cid:9) [No. of 2015 5
4. (1) Zambia is a sovereign Republic under aconstitutional Republic of
Zambia
form of governance. (cid:9)
(2) The Republic consists of the territory defined in an Act of
Parliament.
5 (cid:9) (3) The Republic is a unitary, indivisible, multi-ethnic, multi-
racial, multi-religious, multi-cultural and multi-party democratic State.
(4) The Republic shall not be ceded in whole or in part.
(5) The Republic may enter into a union or other form of inter-
. (cid:9) state organisation, which action shall not be construed as ceding
10 the Republic.
5. (1) Sovereign authority vests in the people of Zambia, which Sovereign
authority
may be exercised directly or through elected or appointed
representatives or institutions.
(2) Power that is not conferred by or under this Constitution
15 on any State organ, State institution, State officer, Constitutional
office holder or other institution or person is reserved for the people.
(3) The people of Zambia shall exercise their reserved power
through a referendum, as prescribed.
6. (1) The national symbols of the Republic are the — (cid:9) National
(cid:9) symbols
20 (cid:9) (a) National Flag;
(b)National Anthem;
(c)Coat of Arms;
(d)Public Seal; and
(e)National Motto.
25 (cid:9) (2) The form, words, description and use of the national symbols
shall be as prescribed.
(cid:9)
7. The Laws of Zambia consist of— Laws of
Zambia
(a)this Constitution;
(b)laws enacted by Parliament;
30 (cid:9) (c) statutory instruments;
(d)Zambian customary law which is consistent with this
Constitution; and
(e) the laws and statutes which apply or extend to Zambia,
as prescribed.
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PART II
NATIONAL VALUES, PRINCIPLES AND ECONOMIC POLICIES
National (cid:9) 8. The national values and principles are —
values and
principles (cid:9) (a) morality and ethics;
(b) patriotism and national unity; (cid:9) 5
(c)democracy and constitutionalism;
(d) human dignity, equity, social justice, equality and non-
discrimination;
(e) good governance and integrity; and
(f) sustainable development. (cid:9) 10
Application (cid:9) 9. (1) The national values and principles shall apply to the —
of national
values and (cid:9) (a) interpretation of this Constitution;
principles
(b)enactment and interpretation of the law; and
(c)development and implementation of State policy.
(2) The President shall, once in every year, report to the 15
National Assembly the progress made in the application of the values
and principles specified under this Part.
Basis of 10. (1) The Government shall create an economic environment
economic
which encourages individual initiative and self-reliance among the
policies
people, so as to promote investment, employment and wealth. 20
(2) The Government shall promote the economic empowerment
of citizens so that they contribute to sustainable economic growth
and social development.
(3) The Government shall promote local and foreign investment
and protect and guarantee such investment through agreements 25
with investors and other countries.
(4) The Government shall not compulsorily acquire an
investment, except under customary international law and subject
to Article 16 (1).
(5) Where the investment compulsorily acquired under clause 30
(4) was made from the proceeds of crime no compensation shall
be paid by the Government.
Repeal and 4. The Constitution is amended by the repeal of Part IV and
replacement
the substitution therefor of the following Part:
of Part IV
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Constitution of Zambia (Amendment) (cid:9) [No. of 2015 7
PART W
CITIZENSHIP
33. A person who was a citizen of Zambia, immediately before Existing
the commencement of this Constitution, shall continue to be a citizen citizenship
5 of Zambia and shall retain the same citizenship category from the
date the citizenship was acquired.
34. Citizenship may be acquired by birth, descent, registration
Categories
or adoption in accordance with this Part. of citizenship
35. (1) A person born in Zambia is a citizen by birth if, at the
Citizenship
10 date of that person's birth, at least one parent of that person is or by birth
was a citizen.
(2) A child found in Zambia who is, or appears to be, of not
more than eight years of age and whose nationality and parents
are not known, shall be presumed to be a citizen by birth.
15 (cid:9) (3) For the purposes of this Part, a person born aboard—
(a)a registered ship or aircraft of a country, shall be deemed
to have been born in the country of registration of the
ship or aircraft; or
(b) an unregistered ship or aircraft of a country, shall be
20 (cid:9) deemed to have been born in that country.
36. A person born outside Zambia is a citizen by descent if, at
Citizenship
the date of that person's birth, at least one parent of that person is by descent
or was a citizen by birth or descent.
37. (1) Subject to clause (2), a person is entitled to apply to
Citizenship
25 the Citizenship Board of Zambia to be registered as a citizen if that by
person has attained the age of eighteen years and— registration
(a) was born in Zambia and has been ordinarily resident in
Zambia for a period of at least five years;
(b)was born outside Zambia, has or had an ancestor who is,
30 (cid:9) or was, a citizen and has been ordinarily resident in
Zambia for a period of at least five years; or
(c)has been ordinarily resident in Zambia for a continuous
period of at least ten years;
immediately preceding that person's application for registration, as
35 prescribed.
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(2) Notwithstanding clause (1), a person who is, or was
married to a citizen, for a period of at least five years, is entitled to
apply to the Citizenship Board of Zambia, to be registered as a
citizen, as prescribed.
38. A child who is not a citizen and who is adopted by a citizen 5
Citizenship (cid:9)
by adoption shall be a citizen on the date of the adoption.
Dual (cid:9) 39. (1) A citizen shall not lose citizenship by acquiring the
citizenship (cid:9) citizenship of another country.
(2) A citizen who ceased to be a citizen, before the
commencement of this Constitution as a result of acquiring the 10
citizenship of another country, shall be entitled to apply, as
prescribed, to the Citizenship Board of Zambia, for citizenship and
the Citizenship Board of Zambia shall bestow citizenship on that
person.
Renunciation (cid:9) 40. (1) A citizen— (cid:9) 15
and
deprivation (cid:9) (a) may renounce citizenship as prescribed; or
of
citizenship (cid:9) (b) shall be deprived of citizenship if that citizenship was
acquired by means of fraud, false representation or
concealment of a material fact.
(2) The process and procedures to be followed by the 20
Citizenship Board of Zambia when granting or depriving a person
of citizenship shall be prescribed.
Citizenship (cid:9) 41. (1) There is established the Citizenship Board of Zambia.
Board of
Zambia (cid:9) (2) The composition, appointment and tenure of office of
members of, and procedures to be followed by, the Citizenship 25
Board of Zambia shall be prescribed.
Entitlements (cid:9) 42. A citizen is entitled to—
of citizen
(a)the rights, privileges and benefits of citizenship as provided
in this Constitution or as prescribed; and
(b)a document of identification issued by the State to citizens. 30
Responsibilities (cid:9) 43. (1) A citizen shall—
of citizen
(a)be patriotic to Zambia and promote its development and
good image;
(b) pay taxes and duties lawfully due and owing to the State;
(c)protect and conserve the environment and utilise natural 35
resources in a sustainable manner;
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Constitution of Zambia (Amendment) (cid:9) [No. of 2015 9
(d) maintain a clean and healthy environment;
(e) provide national, defence and military service when called
upon by the State; and
(f)co-operate with law enforcement agencies for the
5 (cid:9) maintenance and enforcement of law and order.
(2) A citizen shall endeavour to—
(a) acquire basic understanding of this Constitution and
promote its ideals and objectives;
(b)register and vote, if eligible, in national and local government
10 (cid:9) elections and referenda;
(c) develop one's abilities to the greatest possible extent
through acquisition of knowledge, continuous learning
and the development of skills;
(d) foster national unity and live in harmony with others; and
15 (cid:9) (e) understand and enhance Zambia's place in the international
community
44. A reference in this Part to the citizenship of the parent of
Reference to
a person at the time of the birth of that person shall, in relation to a citizenship
of parent
person born after the death of that person's parent, be construed
20 as a reference to the citizenship of the parent at the time of the
parent's death.
PART V
REPRESENTATION OF THE PEOPLE
Electoral Systems and Process
25 45.
(1) The electoral systems provided for in Article 47 for Principles of
the election of President, Member of Parliament or councillor shall electoral
systems and
ensure—
process
(a)that citizens are free to exercise their political rights;
(b)universal adult suffrage based on the equality of a vote;
30 (cid:9) (c) fair representation of the various interest groups in society;
and
(d) gender equity in the National Assembly, a provincial
assembly or council.
(2) The electoral process and system of administering elections
35 shall ensure—
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(a)that elections are free and fair;
(b) that elections are free from violence, intimidation and
corruption;
(c)independence, accountability, efficiency and transparency
of the electoral process; (cid:9) 5
(d) a simple and practical system of voting and tabulating
votes; and
(e)timely resolution of electoral disputes.
(cid:9)
Franchise 46. A citizen who has attained the age of eighteen years is
entitled to be registered as a voter and vote in an election by secret 10
ballot.
(cid:9)
Electoral 47. (1) Elections to the office of President shall be conducted
(cid:9)
systems directly, under a majoritarian electoral system, where the winning
candidate must receive more than fifty percent of the valid votes
cast, and in accordance with Article 101. (cid:9) 15
(2) Elections to the National Assembly shall be conducted under
a mixed member representation electoral system, consisting of a
first-past-the-post system and party list system, and in accordance
with Articles 68 and 69.
(3) The system of electing representatives of a provincial 20
assembly, specified in Article 153 (1) (c), (d), (e), (fl, (g), (h), (i)
and (j), shall be prescribed.
(4) Elections to councils shall be conducted under a first-past-
the-post electoral system, and in accordance with Articles 162 and
25
163. (cid:9)
(5) A constituency and a ward shall return only one member
to the National Assembly and council, respectively.
Electoral (cid:9) 48. The electoral process for electing a President, Member of (cid:9) '
process (cid:9) Parliament, member of a provincial assembly as specified in Article
47 (3) or councillor shall be prescribed. (cid:9) 30
(cid:9)
System for 49. The system of administering elections shall be prescribed.
administering
elections
(cid:9)
Access to 50. A political party and a candidate contesting an election
media (cid:9) shall have access to the media, especially during election campaigns.
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