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Constitution 2014 Draft

This Constitution is the supreme law of the Republic of Zambia and any other written law, customary law and customary practice that is inconsistent with its provisions is void to the extent of the inconsistency.

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THE CONSTITUTION OF ZAMBIA

Article

ARRANGEMENT OF ARTICLES PREAMBLE

PART I

SUPREMACY OF CONSTITUTION

1.    Supremacy of Constitution

2.    Defence of Constitution

3.    Continuous effect of Constitution

PART II SOVEREIGNTY
4.    Republic of Zambia

5.    Sovereign authority

6.    National symbols

7.    Laws of Zambia

PART III
NATIONAL VALUES, PRINCIPLES AND ECONOMIC POLICIES

8.    National values and principles
9.    Application of national values and principles
10.    Basis of economic policies
11.    President’s  report  on  application  of  values    and
principles

PART IV CITIZENSHIP
12.    Existing citizenship

13.    Categories of citizenship

14.    Citizenship by birth

15.    Citizenship by descent

16.    Citizenship by registration

17.    Citizenship by adoption

18.    Dual citizenship

19.    Renunciation and deprivation of citizenship

20.    Citizenship Board of Zambia

21.    Entitlements of citizen

22.    Responsibilities of citizen

23.    Reference to citizenship of parent

PART V BILL OF RIGHTS
Status, Application and Interpretation

24.    Status of Bill of Rights

25.    Recognition of role of civil society

26.    Interpretation of Bill of Rights

Civil and Political Rights
27.    Protection from discrimination

28.    Right to life

29.    Freedom of person

30.    Protection from inhuman treatment and security of person
31.    Protection from slavery, servitude and forced labour

32.    Protection of privacy of person, home, property and communication
33.    Freedom of conscience, belief and religion

34.    Freedom of expression

35.    Access to information

36.    Freedom of media

37.    General political rights

38.    Freedom of association

39.    Right to assemble, demonstrate, picket and petition

40.    Freedom of movement and residence

41.    Refugees and asylum seekers

42.    Acquisition and protection of property

43.    Equality before law

44.    Fair administration

45.    Access to justice

46.    Rights of suspects

47.    Rights of persons in custody

48.    Rights of accused persons and detainees

49.    Fair trial

50.    Right to re-trial and re-examination of evidence

51.    Equality of both gender

Economic, Social, Cultural and Environmental Rights

52.    Economic and social rights

53.    Choice of trade, occupation or profession

54.    Labour relations

55.    Consumer rights

56.    Language, culture and  intellectual property rights

57.    Environment

58.    Progressive realisation of economic, social, cultural and environmental rights

Further and Special Rights

59.    Further rights for older members of society

60.    Further protections and rights relating to marriage and family
61.    Special and further rights for children

62.    Further rights for youth

63.    Further protection of young person

64.    Further rights for persons with disabilities

Non-Derogable Rights and Freedoms, Limitations and

Derogations

65.    Non-derogable rights and freedoms

66.    Limitations on rights and freedoms

67.    Limitations and restrictions under law

68.    Derogation of rights and freedoms during emergency or national disaster
69.    Measures applicable during war or emergency

Enforcement of Bill of Rights

70.    Enforcement of Bill of Rights

71.    Report on realisation of rights and freedoms

PART VI REPRESENTATION OF THE PEOPLE Electoral Systems and Process
72.    Principles of electoral systems and process

73.    Franchise

74.    Electoral systems

75.    Electoral process

76.    Systems for administering elections

77.    Access to media

78.    Independent candidates

79.    Nominations

80.    Unopposed candidates

81.    Electoral code of conduct

82.    Losing candidate not eligible for certain appointments

83.    Election date for general elections

84.    By-elections

Delimitation of Constituencies and Wards

85.    Constituencies, wards and delimitation
86.    Matters    to    take    into    account    when    delimiting constituencies and wards

87.    Political parties

Political Parties

PART VII EXECUTIVE Executive Authority
88.    Principles of executive authority

89.    Presidency and vesting of executive authority

90.    Executive functions of President

91.    Confirmation of presidential decisions and instructions

92.    Approval of appointments and measures by National

Assembly

93.    Ratifications of appointments and measures by National

Assembly

94.    Advisory Committee on prerogative of mercy

95.    Prerogative of mercy

96.    Protection of President from legal proceedings

Election of President

97.    Returning officer for presidential elections

98.    Qualifications and disqualifications for nomination as presidential candidates

99.    Election of President

100.  Disqualification for run-off

101.  Election petition

102.  Transition period before assuming office

Assumption of Office, Tenure of Office and Vacancy

103.  Assumption of office

104.  Tenure of office of President and vacancy

105.  Removal of President on grounds of incapacity

106.  Impeachment of President

107.  Performance of executive functions during absence of

President

Vice-President

108.  Vice-President, election to office and swearing in

109.  Tenure of office of Vice-President and vacancy

110.  Functions of Vice-President

Cabinet Ministers and Parliamentary Secretaries

111.  Cabinet

112.  Functions of cabinet

113.  Proceedings of Cabinet meetings

114.  Ministers

115.  Provincial Ministers

116.  Parliamentary Secretaries

PART VIII LEGISLATURE Legislative Authority
117.  Principles of legislative authority

118.  Parliament, vesting of legislative authority and

Members of Parliament

119.  Functions of Parliament and National Assembly

120.  Introduction of Bills in National Assembly

121.  Money Bills

122.  Retrospective legislation

123.  Presidential assent and referral

124.  Commencement of Act of Parliament

125.  Acts of Parliament, words of enactment and categorisation of legislation
126.  Statutory instruments

Elections to National Assembly and Members of

Parliament

127.  Election and composition of National Assembly

128.  Nominations under party lists

129.  Qualifications and disqualifications of Members of

Parliament

130.  Nominations for election to National Assembly

131.  Vacation of office as Member of Parliament

132.  Leader of Government Business and Leader of

Opposition

Proceedings of National Assembly

133.  Sittings of National Assembly

134.  Freedom of speech, powers, privileges and immunities

135.  Procedure of National Assembly

136.  Voting in National Assembly

137.  Committees of National Assembly

138.  Term and prorogation of Parliament

Speaker, Deputy Speakers and Officers of

National Assembly

139.  Speaker and Deputy Speakers of National Assembly

140.  Removal of Speaker on specified grounds

141.  Clerk of National Assembly

142.  Officers of National Assembly

General Parliamentary Matters

143.  President    address    to    National    Assembly    and presidential messages
144.  Vote of censure

145.  Right to petition and make comments

146.  Public access and participation

PART IX JUDICIARY
Judicial Authority, System of Courts and

Independence

147.  Principles of judicial authority

148.  Vesting of judicial authority and performance of judicial function
149.  System of court

150.  Ranking of Supreme and Constitutional Courts

151.  Functional independence of Judiciary

152.  Financial independence of Judiciary

Establishment, Jurisdiction and Sittings of

Superior Courts

153.  Establishment and composition of Supreme Court

154.  Jurisdiction of Supreme Court

155.  Sittings of Supreme Court

156.  Establishment and composition of Constitutional Court

157.  Jurisdiction of Constitutional Court

158.  Sittings of Constitutional Court

159.  Establishment and composition of Court of Appeal

160.  Jurisdiction of Court of Appeal

161.  Sitting of Court of Appeal

162.  Establishment and composition of High Court

163.  Jurisdiction of High Court

164.  Sittings of High Court

Chief Justice and other Judges

165.  Chief Justice

166.  Deputy Chief Justice

167.  President of Constitutional Court

168.  Deputy President  of Constitutional Court

169.  Appointment of judges

170.  Qualification for appointment as judge

171.  Tenure of office of judge

172.  Removal of judge from office

173.  Procedure for removal of judge

Judicial Officers and Chief Administrator

174.  Appointment, retirement and removal of judicial officers

175.  Chief Administrator of Judiciary

PART X

GENERAL PRINCIPLES OF DEVOLVED GOVERNANCE
System of Devolved Governance

176.  System of devolved governance

177.  Sub-structures of local government

178.  Conflict between national and provincial legislation

PART XI

PROVINCES, DISTRICTS, WARDS AND PROVINCIAL ADMINISTRATION
Provinces, Districts and Wards

179.  Provinces, districts and wards

Provincial Administration

180.  Provincial administration

Provincial Assemblies

181.  Provincial assemblies

182.  Functions  and procedures of provincial assembly

183.  Provincial Local Acts and words of enactment

184.  Retrospective legislation

185.  Provincial speaker and deputy provincial speaker

186.  Staff of provincial assemblies

187.  Reserved power over non-performing local authorities

PART XII

LOCAL GOVERNMENT System of Local Government
188.  System of local government

189.  Local authorities

190.  Election of councillors, composition of councils and tenure
191.  Mayor, deputy mayor, council chairperson and deputy council chairperson
192.  Conduct of councillor

193.  Accountability of councillors

194.  Vacation of office of councillor and vacancies

195.  By-elections for council

196.  Local government elections tribunal and petitions

197.  Enforcement of judgement against local authority

198.  Revenue of local authorities

199.  Constituency Development Fund

200.  Local Government Equalisation Fund and funds for local authorities
201.  Legislation on local authorities

PART XIII

CHIEFTAINCY AND HOUSE OF CHIEFS

202.  Institution of chieftaincy and traditional institutions

203.  Status of institution of chieftaincy

204.  Rights and privileges of chiefs

205.  Participation of chiefs in public affairs

206.  House of Chiefs and functions

207.  Tenure of office and vacancy

208.  Staff of House of Chiefs

209.  Legislation on House of Chiefs

PART XIV PUBLIC SERVICE Values and Principles
210.  Values and principles of public service

Constituting Offices for Public Service

211.  Constituting offices for public service

212.  Holding of office in public service

Constitutional Office Holders

213.  Attorney-General and functions

214.  Vacancy in office of Attorney-General

215.  Solicitor-General

216.  Director of Public Prosecutions

217.  Performance    of    functions    of    Director    of    Public

Prosecutions during absence, illness or other cause

218.    Tenure of office of Director of Public Prosecutions

219.    Secretary to Cabinet

220.    Secretary to Treasury

221.    Permanent Secretaries

Public Officers

222.  Appointment of public officers

223.  Participation in politics

PART XV PENSION BENEFITS

224.  Pension benefit

225.  Review of pension benefit and tax exemption

226.  Payment of pension benefits

PART XVI

DEFENCE AND NATIONAL SECURITY

227.  Principles    relating    to    Defence    Force    and    national security services

228.  Status of Defence Force and national security services

229.  Establishment of Defence Force and functions

230.  Establishment    of    national    security    services    and functions
231.  Qualification to serve in Defence Force and national security service
232.  Deployment outside Republic

233.  Prohibition of activities relating to defence and national security
234.  Legislation  on  Defence  Force  and  national  security services

PART XVII

DECLARATION OF WAR, STATE OF PUBLIC EMERGENCY, THREATENED STATE OF PUBLIC EMERGENCY AND NATIONAL DISASTERS
235.  Declaration of war

236.  Declaration of state of public emergency and threatened state of public emergency
237.  Laws on state of public emergency and threatened state of public emergency and restrictions
238.  Validity of emergency

239.  Declaration of national disasters

PART XVIII

PUBLIC FINANCE AND BUDGET

240.  Principles relating to public finance

241.  Imposition of tax

242.  Consolidated Fund

243.  Withdrawal from Consolidated Fund

244.  Annual financial estimates of revenue and expenditure

245.  Appropriation  Act, Supplementary  Appropriation  Act and Excess Expenditure Appropriation Act
246.  Limitations and conditions of warrant

247.  Budget and planning legislation

248.  Investment of public funds

249.  Borrowing and lending by Government

250.  Public debt

251.  Compensation Fund

252.  Public procurement and disposal of State assets

253.  Financial report of Republic

254.  Auditor-General’s report

255.  Bank of Zambia

PART XIX CENTRAL BANK

256.  Governor of Bank of Zambia

257.  Legislation on Bank of Zambia

PART XX

SERVICES, COMMISSIONS AND OTHER INDEPENDENT OFFICES
258.  Principles relating to commissions

Civil Service Commission

259.  Civil Service

260.  Civil Service Commission

Electoral Commission of Zambia

261.  Electoral Commission of Zambia

Emoluments Commission

262.  Emoluments Commission

Gender Equality Commission

263.  Gender Equality Commission

Human Rights Commission

264.  Human Rights Commission

Investigative Commission

265.  Investigative Commissions

Judicial Complaints Commission

266.  Judicial Complaints Commission

Judicial Service Commission

267.  Judicial Service

268.  Judicial Service Commission

Lands Commission

269.  Lands Commission

Local Government Service Commission

270.  Local Government Service

271.  Local Government Service Commission

Parliamentary Service Commission

272.  Parliamentary Service

273.  Parliamentary Service Commission

Police Public Complaints Commission

274.  Police Public Complaints Commission

State Audit Commission

275.  State Audit Commission

Teaching Service

276.  Teaching Service

277.  Teaching Service Commission

Zambia Police Service Commission

278.  Zambia Police Service Commission

Zambia Correctional Service Commission

279.  Zambia Correctional Service Commission

General Provisions Relating to Commissions

280.  Financial independence of commissions

281.  Expenses of Commissions

282.  Qualifications of members of commissions

283.  General powers of Commissions

284.  Legislation on Commissions

Other Independent Offices

Public Protector

285.  Public Protector

286.  Functions of Public Protector

287.  Limitation of powers of Public  Protector

288.  Performance  of functions of Public  Protector during absence, illness or other cause
289.  Tenure of office of Public Protector

290.  Report to National Assembly

291.  Auditor-General

Auditor-General

292.  Functions of Auditor-General

293.  Performance  of  functions  of  Auditor-General  during absence, illness or other cause
294.  Tenure of office of Auditor-General

PART XXI
LAND, ENVIRONMENT AND NATURAL RESOURCES Land

295.  Principles of land policy

296.  Vesting of land

297.  Classification and alienation of land and land tenure

Environment and Natural Resources

298.  Principles  of  environmental  and  natural  resources management and development
299.  Protection of environment and natural resources

300.  Utilisation of natural resources and management of environment

PART XXII AMENDMENT OF CONSTITUTION
301.  Amendment of Constitution

302.  Amendment without referendum

303.  Referendum for amendment of certain Articles, repeal and replacement of Constitution

PART XXIII GENERAL PROVISIONS
304.  Official language and use and status of local languages

305.  Nominations and appointments

306.  Oath of office and prescribed oaths

307.  Code of Conduct and ethics

308.  Conflict of interest

309.  Declaration of assets

310.  Emoluments payable under Constitution

311.  Funding,    expenses    and    emoluments    charge    on

Consolidated Fund

312.  Definitions

313.  Interpretation of Constitution

314.  Provisions with respect to amendment to Constitution

315.  Grammatical variation

316.  Computation of time

317.  Power to appoint includes power to remove

318.  Implied power

319.  Legislation to give effect to Constitution

320.  Power  to  make  statutory  instrument,  resolution  or direction
321.  Time for performance of power

322.  Exercise    of    power    between    publication    and commencement of Acts
ANNEX

THE CONSTITUTION OF THE REPUBLIC OF ZAMBIA

PREAMBLE WE, THE PEOPLE OF ZAMBIA:

ACKNOWLEDGE the supremacy of God Almighty;

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 and good governance;
RESOLVE to ensure that our values relating to family, morality, patriotism and justice are maintained and all functions of the State are performed in our common interest;
CONFIRM the equal worth of women and men and their right to freely participate in, determine and build a sustainable political, legal, economic and social order;
RECOGNISE AND UPHOLD the multi-ethnic, multi-racial, multi-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 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 by and respect our sovereign will;

DO HEREBY SOLEMNLY ADOPT AND GIVE TO OURSELVES THIS CONSTITUTION:

PART I SUPREMACY OF CONSTITUTION

Supremacy of
Constitution

Defence of
Constitution

Continuous effect of Constitution

1.         (1)       This Constitution is the supreme law of the Republic of Zambia and any other written law, customary law and customary practice that is inconsistent with its provisions is void to the extent of the inconsistency.
(2)    An    act    or    omission    that    contravenes    this

Constitution is illegal.

(3)    This  Constitution shall  bind  all  persons  in

Zambia, State organs and State institutions.

(4)        The validity or legality of this Constitution is not subject to challenge by or before a State organ or other forum.
(5)        A matter relating to this Constitution shall be heard by the Constitutional Court.

2.    Every person has the right and duty to –

(a)    defend this Constitution; and

(b)    resist    or    prevent    a    person    from overthrowing,    suspending    or    illegally abrogating this Constitution.

3.         The operation of this Constitution shall not be affected by an unlawful act to overthrow, suspend or illegally abrogate its provisions.

PART II SOVEREIGNTY

Republic of
Zambia

4.         (1)       Zambia is a sovereign Republic under a constitutional form of governance.
(2)         The Republic consists of the territory defined in an Act of Parliament.
(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-state organisation, which action shall not be construed as ceding the Republic.

Sovereign authority

National symbols

5.         (1)       Sovereign authority vests in the people of Zambia, which may be exercised directly or through elected or appointed representatives or institutions.
(2)        Power that is not conferred by or under this Constitution 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 reserve power through a referendum, as prescribed.

(d)    Public Seal; and

(e)    National Motto.
(2)    The form, words, description and use of the national symbols shall be prescribed.

Laws of Zambia

National values and principles

Application of national values and principles

7.    The Laws of Zambia consist of –

(a)    this Constitution;

(b)    laws enacted by Parliament; (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.

PART III
NATIONAL VALUES, PRINCIPLES AND ECONOMIC POLICIES

8.    The national values and principles are –

(a)    morality and ethics;

(b)    patriotism and national unity;

(c)    democracy and constitutionalism;

(d)    human dignity, equity, social justice, equality and non-discrimination;
(e)    good governance and integrity; and

(f)    sustainable development.

9.    The national values and principles shall apply to the –
(a)    interpretation of this Constitution;

(b)    enactment and interpretation of the law;

and

(c)    development    and    implementation    of

State policy.

Basis of economic policies

President’s report on application of values and principles

Existing citizenship

10.       (1)       The   Government   shall   create   an economic environment which encourages individual initiative and self-reliance among the people, so as to promote investment, employment and wealth.
(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 with investors and other countries.
(4)       The Government shall not compulsorily acquire an investment, except under customary international law and subject to Article 42 (4), provided that where the investment was made from the proceeds of crime no compensation shall be paid by the Government.

11.       The President shall, once in every year, report to the National Assembly the progress made in the application of the values and principles specified under this Part.
PART IV CITIZENSHIP

12.      A person who was a citizen of Zambia, immediately before the commencement of this Constitution, shall continue to be a citizen of Zambia and shall retain the

same citizenship category from the date the citizenship was

acquired.

Categories of citizenship

Citizenship by birth

13.       Citizenship may be acquired by birth, descent, registration or adoption in accordance with this Part.

14.        (1)      A person born in Zambia is a citizen by birth if, at the date of that person’s birth, at least one parent of that person is or 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.
(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 deemed to have been
born in that country.

Citizenship by descent

Citizenship by registration

15.       A person born outside Zambia is a citizen by descent if, at the date of that person’s birth, at least one parent of that person is or was a citizen by birth or descent.

16.       (1)       Subject to clause (3), a person is entitled to apply to the Citizenship Board of Zambia to be registered as a citizen if that person has attained the age of eighteen years and–

(a)    was  born  in  Zambia  and  has  been ordinarily    resident  in  Zambia  for  a period of five years;
(b)    was born outside Zambia, has or had an ancestor who is, or was, a citizen and has been ordinarily resident in Zambia for a period of five years; or
(c)    has been ordinarily resident in Zambia for a continuous period of not less than ten years;
immediately    preceding    that    person’s    application    for

registration, as prescribed.
(2)        Notwithstanding clause (1), a person who is, or was married to a citizen, for a period of not less than five years, is entitled to apply to the Citizenship Board of Zambia, to be registered as a citizen, as prescribed.

Citizenship by
adoption

Dual citizenship

Renunciation and deprivation of citizenship

17.      A child who is not a citizen and who is adopted by a citizen shall be a citizen on the date of the adoption.

18.    (1)    A citizen shall not lose citizenship by acquiring the 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 citizenship of another country, shall be entitled to apply, as prescribed, to the Citizenship Board of Zambia, for citizenship and the Board shall bestow citizenship on that person.

19.    (1) A citizen–

(a)    may renounce citizenship as prescribed;

or

(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 Citizenship Board of Zambia when granting or depriving a
person of citizenship shall be prescribed.

Citizenship
Board of Zambia

Entitlements of citizen

Responsibilities of citizen

20.    (1)    There  is  established  the  Citizenship

Board of Zambia.

(2)        The composition, appointment and tenure of office of members of, and procedures to be followed by, the Citizenship Board of Zambia shall be prescribed.

21.    A citizen is entitled to –

(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.

22.    (1)    A citizen shall –

(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  resources  in  a sustainable manner;

(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   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  all national and local government 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
(e)    understand    and    enhance    Zambia’s

place in the international community.

Reference to citizenship of parent

23.       A reference in this Part to the citizenship of the parent of a person at the time of the birth of that person shall, in relation to a person born after the death of that person’s parent, be construed as a reference to the citizenship of the parent at the time of the parent’s death.

PART V

BILL OF RIGHTS
Status, Application and Interpretation

Status of Bill of
Rights

24.       (1)       The Bill of Rights, as provided for in this Part, is fundamental to democracy and constitutionalism and shall be the basis of Zambia’s social, political, legal, economic and cultural policies and State action.
(2)    The rights and freedoms set out in the Bill of

Rights –

(a)    are inherent in each individual; (b)    protect the dignity of the person;
(c)    include rights and freedoms which are consistent with this Constitution but not expressly provided for, except those that are repugnant to the morals and values of the people of Zambia; and
(d)    are  subject  to  the  limitations, derogations  and  restrictions  provided
for in Articles 66, 67 and 68.

Recognition of role of civil society

Development of jurisprudence and interpretation
of Bill of Rights

25.       The State shall recognise the role of civil society in the promotion and protection of the Bill of Rights.

26.      (1)       Where legislation does not give effect to a right or freedom, the Constitutional Court shall develop human rights jurisprudence.
(2) A  court,  the  Human  Rights  Commission,  State institution, a person or body shall interpret a right or freedom in a manner consistent with Articles 24, 312, 313 and 319.

Civil and Political Rights

Protection from discrimination

Right to life

Freedom of person

Protection from inhuman treatment and security of person

27.       A person shall not be discriminated against, except under a law that provides for affirmative action.

28.    (1)    A person has the right to life.

(2)    The life of a person begins at conception.

(3)         A   person   shall   not   be   deprived   of   life intentionally, except for a capital offence the sentence of which is death, subject to limitations, defences and extent prescribed.
(4)    A court shall not impose a sentence of death on a convict –
(a) who is pregnant; (b) who is a child; or
(c) where there are extenuating circumstances relating to the commission of the offence.

29.       A person has the right to freedom of the person which includes the right not to be deprived of that  freedom arbitrarily.

30.    (1)    A person has the right not to be –

(a)    subjected to torture; or

(b)        treated    or    punished    in    a    cruel, inhuman or degrading  manner.
(2)         A person has the right to security of the person which includes the right not to be subjected to human trafficking.

Protection from slavery, servitude and forced labour

Protection of privacy of person, home, property and communication

Freedom of conscience, belief and religion

31.       (1)       A person shall not be held in slavery or servitude.
(2)        A person shall not be required to perform forced labour.

32.        A  person  has  the  right  to  privacy,  which includes the right not to –
(a)    be searched;

(b)    have  that  person’s  home  or  property searched;
(c)    have that person’s possessions seized; (d)    have    information    relating    to    that
person’s family, health status or private affairs unlawfully required or revealed; or
(e)    have    the    privacy    of    that    person’s

communications infringed.

33.       (1)      A person has the right to freedom of conscience, belief and religion.
(2)       A person has the right, individually or in community with others, publicly or privately, to manifest any religion or belief through worship, observance, practice or teaching, including the observance of a day of worship.
(3)       Clause (2) does not extend to conduct or statements that infringe the enjoyment of freedom of conscience, belief and religion by others or that may incite religious wars.
(4)       A  person  shall not  be  compelled to act, or engage in an act that is, contrary to that person’s conscience, belief or religion.

(5)    A person shall not be deprived of access to an institution or a facility on the basis of that person’s belief or
religion.

Freedom of expression

Access to information

34.       (1)      A person has the right to freedom of expression which includes –

35.      (1)      A person has the right of access to information held by the State or another person which is lawfully required for the exercise or protection of a right or freedom.
(2)        A person has the right to demand the correction of false or misleading information recorded or published about that person.
(3)          The     State     shall     proactively     publicise information that is in the public interest or affects the welfare of the Nation.

Freedom of media

General political rights

Freedom of association

36.       (1)       Subject to clause (3), the freedom and independence of electronic, broadcasting, print and other forms of media is guaranteed.
(2)      The State shall not exercise control over or interfere with a person engaged in –
(a)    broadcasting   or   the   production   or circulation of publications; or
(b)    the    dissemination    of    information through any media.
(3)      The State may license broadcasting and other electronic media where it is necessary to regulate signals and signal distribution.
(4)    Public media shall –

(a)    independently  determine the  editorial content    of    their    broadcasts    or communications; and

37.        A citizen has a right to participate in political activities.

38.       (1)          A person has the right to freedom of association, which includes the right to form, join or participate in the activities of an association.
(2)        A person shall not be compelled to join an association.

Right to assemble, demonstrate, picket and petition

Freedom of movement and residence

Non-refoulement for refugees and asylum seekers

Acquisition and protection of property

39.        A   person   has   the   right,   peacefully   and unarmed, to assemble, demonstrate or picket and present petitions to State organs and State institutions.

40.       A person has the right to freedom of movement, which includes the right-
(a)    as a citizen, to a passport; and

(b)    to  enter,  remain,  leave  and  reside anywhere in the Republic; subject to the imposition of restrictions on the entry, movement or residence of persons who are not citizens, as prescribed.

41.       A person who is granted asylum or refuge in Zambia has a right not to be returned to the country of origin or a third country if that person has a well-founded fear of persecution, in the country of origin or a third country, which justifies that person’s request for asylum or refuge.

42.      (1)       A person has the right, individually or in association with others, to own property in any part of Zambia.
(2)       The  State  or  a  person  shall  not  arbitrarily deprive a person of property.
(3)      The State shall not compulsorily acquire a person’s property unless the acquisition is in the public interest.
(4)    Where  a  person’s  property  is  compulsorily

acquired in accordance with clause (3) –

(a)       the  State  shall  promptly,  adequately and effectively compensate that person; and
(b)    that person, or any person who has an interest in or right over that property, has a right of access to a court.
(5)       Where  the  State  compulsorily acquires land from occupants who have acquired the land in good faith and who do not hold title to the land, the State shall provide for compensation to be paid to the occupants, as prescribed.
(6)    The rights under this Article do not extend to

property unlawfully acquired.

Equality before law

Fair administration

Access to justice

Rights of suspects

43.    All persons are equal before the law and have the right to equal protection and benefit of the law.

44.    A person has the right to administrative action that is expeditious, lawful, reasonable and procedurally fair.

45.     (1)    A person has the right to access justice. (2)    A person has the right to execute a judgment
against the State after one year of the delivery of the judgment. (3)    A court shall not order security for costs on
matters of public interest litigation.

46.    A person who is suspected of committing an offence is entitled to –
(a)    remain silent; and

(b)    be informed in a language which that person understands of the –
(i)    right to remain silent; and

(ii)    consequences of remaining silent.

Rights of persons in custody

Rights of accused persons and detainees

47.    (1)    A person shall not be held in custody without being charged.
(2)       A person who is held in custody retains that person’s rights and freedoms, except to the extent that a right or freedom is incompatible with being in custody.
(3)    A person who is held in custody is entitled to petition for a writ of habeas corpus.

48.      Subject to Articles 65, 66, 67, 68 and 69 an accused person or a detainee has the right –
(a)    to remain silent;

(b)    to be informed in a language which that person understands of the –
(i)    right to remain silent; and

(ii)    consequences of remaining silent; (c)    to be informed, as soon as reasonably
practicable, of the reasons for the arrest or detention –
(i)    in a language which that person understands;
(ii)    in the case of a visually impaired person, in Braille or tactile diagrams;
(iii)    in the case of a deaf person, in sign language; or
(iv)    in another appropriate means of communication;
(d)    not    to    be    compelled    to    make    a confession or an admission;

(e)    to be held separately from persons who are serving a sentence;
(f)    to be released on bond, unless there is compelling reason to the contrary; and
(g)    to be brought before a court –

(i)    within forty-eight hours after being arrested or detained;
(ii)    not later than the end of the first court day after the expiry of the forty-eight hours, if the forty-eight hours    expire   outside   ordinary court hours;
(iii) as speedily as possible, if that person is arrested or detained far from a court;
(iv)  for trial within ninety days of being arrested; or
(v)    to    be    released    on    bail,    as

prescribed.

Fair trial

49.      (1)       A person has the right to have a dispute decided timely and to have a fair hearing before a court or, where appropriate, an independent and impartial tribunal.
(2)    An accused person or a detainee has the right to a fair trial, which includes the right –
(a)    to  be  presumed  innocent  until  the contrary is proved;
(b)    to be informed, as soon as is reasonably practicable, of the charge with sufficient details to answer the charge;

(c)    to have adequate time and facilities to prepare a defence;
(d)    to be present when being tried, unless the conduct of the accused person or detainee makes it impossible for the trial to proceed;
(e)       to   have   the   trial   commenced   and judgment given without unreasonable delay;
(f)         to compensation for wrongful detention or imprisonment;
(g)       to choose, and be represented by, a legal practitioner and to be informed of this right before taking plea;
(h)       to have a legal practitioner assigned to the accused person by the State, at public expense, if substantial injustice would otherwise result;
(i)    to be informed promptly of the right in paragraph (h);
(j)        to remain silent during the trial and not to testify during the proceedings;
(k)    to challenge and adduce evidence;

(l)        not to have illegally obtained evidence admissible at the trial;
(m)    not to be compelled to give self- incriminating evidence;
(n)    to  have,  without  payment,  the assistance    of  an   interpreter  if  the accused person cannot understand the language used at the trial and, in the

case of a deaf person, a sign language interpreter;
(o)       not to be charged, tried or convicted for an act or omission that was not, at the time it was committed or omitted, an offence under a written law;
(p)       not to be tried for an offence in respect of an act or omission for which that person had previously been acquitted or convicted;
(q)       to the benefit of the least severe of the prescribed    punishment,      if      the prescribed punishment for an offence was changed between the time that offence was committed and the time of sentencing; and
(r)       of  appeal  to,  or  review  by,  a  higher court.
(3)    Where this Article requires information to be given to a person, that information shall be given –
(a)    in   a   language   which   that   person understands;
(b)    in  the  case  of  a  visually  impaired person, in Braille or tactile diagrams;
(c)    in the case of a deaf person, in sign language; or
(d)    in    another    appropriate    form    of

communication.

Right to re-trial and re-examination of evidence

50.    (1)    A person who is convicted of an offence and whose appeal has been dismissed by the highest court to

which that person is entitled to appeal, may petition the Supreme Court for a re-trial if new and compelling evidence is available.
(2)        Where  there  is  compelling  evidence  that  a person may be innocent of an offence, the State may petition the Supreme Court to re-examine that evidence and determine
whether that person committed the offence or not.

Equality of both gender

Economic and social rights

51.    (1)    Women and men have the right to equal treatment and opportunities.
(2)    Women and men have an equal right to inherit, own, use, administer and control property.
(3)    A woman and a man have equal rights in the marriage and at the dissolution of the marriage.
(4)    Without limiting a right or freedom, women and men have the right to –
(a)    reproductive  health,  including  family planning    and    access    to    related information and education;
(b)    acquire,    change    or    retain    their nationality, including the right to change the nationality of their child if this is in the best interest of the child;
(c)    choose residence and domicile;

(d)    guardianship or adoption of a child; and

(e)    choose a family name.

Economic, Social, Cultural and Environmental Rights

52.    (1)    A person has the right, as prescribed, to

–

(a)    health care services; (b)    decent housing;
(c)    food of acceptable standard; (d)    clean and safe water;
(e)    decent sanitation;

(f)    social protection; and

(g)    education.
(2)    A    person    shall    not    be    denied    emergency medical treatment.

Choice of trade, occupation or profession

Labour relations

53.      A person has the right to choose a trade, an occupation or a profession, subject to limitations imposed by law.

54.      (1)       A person has the right to employment and fair labour practices.

(2)    A person in employment has the right to –

(a)    fair remuneration commensurate to the productivity or size of the enterprise;
(b)    decent working conditions;

(c)    a pension benefit commensurate with that person’s office, salary and length of service; and
(d)       form, join or participate in the activities and    programmes  of  a  trade  union, including going on  a lawful strike.
(3)    An employer has the right to –

(a)    form    and    join    an    employers’

organisation;

(b)    participate    in    the    activities    and programmes    of      an      employers’ organisation; and
(c)    lock out.

(4)    A trade union and an employers’ organisation

have the right to –

(a)    determine  their  own  administration, programmes and activities; and
(b)    form or join a federation.

Consumer rights

Language, culture and intellectual property rights

55.    A consumer has the right to –

(a)    goods and services of reasonable quality and standard;
(b)    information    necessary    to    gain    full benefit from goods and services;
(c)    compensation for loss or injury arising from a defect in goods or services; and
(d)    fair, honest and decent advertising of goods and services.

56.       (1)       Subject to Article 304, a person has the right to use a language of that person’s choice.
(2)        A person who belongs to a cultural or linguistic community has the right, with other members of that community to –
(a)    enjoy that person’s culture; and

(b)    form,  join  or  maintain  cultural  and linguistic associations.
(3)    A person shall not be compelled to –

(a)    perform,    observe    or    participate    in cultural practices or rites; or

(b)    form, join, contribute, maintain or pay allegiance to a cultural or linguistic association.
(4)    The State shall –

(a)      recognise the role of science, technology and    indigenous   technology   in   the development of the Nation; and
(b)    support,    promote    and    protect

intellectual property rights.

Environment

Progressive realisation of economic, social, cultural and environmental rights

Further rights for older members of society

57.     A person has the right to a safe, clean and healthy environment.

58.       (1)       The    State    shall    take    reasonable measures for the progressive realisation of economic, social, cultural and environmental rights.
(2)      Where a claim is made against the State on the non-realisation of an economic, social, cultural or environmental right, it is the responsibility of the State to show that the resources are not available.
(3)       The  Constitutional Court shall not  interfere with a decision by the State concerning the allocation of available resources for the progressive realisation of economic, social, cultural and environmental rights.

Further and Special Rights

59.       The  older  members  of  society  are  further entitled to the right to –
(a)    participate fully in the affairs of society; (b)    personal development;

Further protections and rights relating to marriage and family

Special and further rights for children

the family as the natural and fundamental unit of society and the necessary basis of the social order.
(2)        A person who is nineteen years of age or older has the right to choose a spouse of the opposite sex and marry.
(3)    The State shall –

(a)    ensure the right of women to adequate maternity leave;
(b)    ensure    the    availability    of    adequate paternity leave;
(c)    ensure    the    availability    of    maternal health care and child health care; and
(d)    promote the establishment of child-care facilities.
(4)        A pregnant or nursing woman has the right to a non-custodial sentence, except as a measure of last resort where she poses a danger to the community.

61.    (1)    A child is equal before the law.

(2)        In all actions and decisions concerning a child, the best interest of the child shall be the primary consideration.
(3)         A child’s mother and father, whether married to each other or not, have an equal duty to protect and provide for the child.
(4)          A child is further entitled to the following civil and political rights:
(a)    to acquire a nationality;

(b)    to registration of birth and to a name;

(c)    not   to   be   subjected   to   corporal punishment or other form of violence, cruel or inhuman treatment in the home,    school    or    an    institution responsible for the care of children;
(d)    to  be  protected  in  times  of  armed conflict and not to be recruited and used in armed conflict;
(e)    not to take part in hostilities;

(f)    to protection from all forms of sexual exploitation or abuse;
(g)    not to be subjected to harmful cultural rites and practices;
(h)    not to be incarcerated on account of the

mother’s incarceration;

(i) not to be held in custody, except as a measure of last resort, in  which case the child shall be –
(i)    held in custody for a period of not more than forty-eight hours;
(ii)    kept   separate   from   adults   in custody;
(i)    accorded  legal assistance by  the

State;

(ii)    treated in a manner and be kept in conditions that take into account the child’s gender and age; and
(iii)    tried in a Children’s Court;

(j)    to protection of the child’s identity from exposure by the media or person during criminal proceedings;
(k)    not    to   be    discriminated   against, neglected or abused;
(l)    not  to  be  engaged  in  work  that  is exploitative or likely to be hazardous or adverse to the child’s health or welfare;
(m)    not to marry or be forced to marry;

(n)    to know of decisions affecting the child, to express an opinion and have that opinion    taken  into  account,  having regard to the age and maturity of that child and the nature of the decision; and
(o)    to diversion programmes.

(5)    A  child  is  further  entitled  to  the  following economic and social rights:
(a)    parental  care  or,  where  the  child  is separated    from    its    parents,    to appropriate alternative care;
(b)    free primary and secondary education; (c)    survival and development;
(d)    adequate nutrition, shelter, basic health care    services,  social  protection  and social services; and
(e)    a standard of living adequate for the child’s physical, mental, spiritual, moral and social development.
(6)    The State shall protect a child –

(a)    with special needs; (b)    who is orphaned;

(c)    whose parent or guardian is in prison; (d)    whose parent or guardian is unfit to
look after the child; (e)    with disability;
(f)    who is a refugee; and
(g)    who is homeless or lives or spends time on the streets.

Further rights for youth

Further protection of young person

Further rights for persons with disabilities

62.    The youth are further entitled to the right to –

(a)    personal development;

(b)    participate in governance;

(c)    access gainful employment; and

(d)    participate  in  the  social,  economic, political and other spheres of national life.

63.      (1)       Subject to clause (2), a person shall not engage a young person in an occupation or employment which would prejudice the health, education or interfere with the physical, mental or moral development of that young person.
(2)       A young person may be employed for a wage, as prescribed.

64.    A person with disability is further entitled to the right to –

(a)    education and facilities that integrate the person into society;
(b)    access  to  the  physical  environment, information, communications, public facilities    and   services,   places   and transportation;

(c)    access materials, facilities and assistive devices for persons with disability;
(d)     use sign language, Braille or other appropriate means of communication;
(e)     be addressed or referred to in an enactment    or   officially,   publicly   or privately, in a manner that is not demeaning,        derogatory           or discriminatory;
(f)    equal opportunities in the public service and cultural, political, economic and social activities;
(g)    tax free materials and assistive devices; (h)    personal development and independent
living; and

(i)    social protection, as prescribed.

Non-Derogable Rights and Freedoms, Limitations and Derogations

Non-derogable rights and freedoms

65.    Notwithstanding any  other  provision,  a  law shall not derogate from the following rights and freedoms:
(a)    protection from inhuman treatment and security of person;
(b)    protection  from  slavery,  servitude  or forced labour;
(c)    freedom    of    conscience,    belief    and religion;
(d)    the right to a writ of habeas corpus;

(e)    non-refoulement    as    provided    for    in

Article 41; and

(f)    a right to a fair trial.

Limitations on
rights and freedoms

Limitations and restrictions under law

66.    A right or freedom is limited by –

(a)    a limitation, restriction or qualification expressly set out in the Article or clause containing that right or freedom;
(b)    the limitations and restrictions specified in this Article and Article 67; and
(c)       the limitations and restrictions provided in    a  law  of  general  application  as provided in Article 67, which do not negate the core or the essential content of the right or freedom and is reasonable and justifiable in a democratic society, taking into account–
(i)    the nature of the right;

(ii)    the  purpose  of  the  limitation or restriction;
(iii)    the extent of the limitation or restriction; and
(iv)    whether   there    are    alternative means    to  achieve  the  required purpose.

67.    A law that limits or restricts a right or freedom is valid only to the extent that the law –
(a)       is reasonably required in the interest of public    defence  and  security,  public safety, public order, public morality, public health, national, provincial and local spatial planning, taxation or the

development, management and utilisation of natural and mineral resources;
(b)    relates to the acquisition of property to secure the development, management or utilisation of the property for a purpose beneficial to the community or the public generally, upon the payment of due compensation;
(c)    relates  to  a   contract,  lease,  trust, settlement,    deed,        letter        of administration,        tenancy,    mortgage, charge, pledge, bill of sale or title deed to land or other instrument;
(d)    provides for licensing of activities;

(e)    is required to enforce a judgment or an order of a court or tribunal; or
(f)    imposes  restrictions  and  duties  on defence    and  security  officers,  other public officers and Constitutional office
holders.

Derogation of rights and freedoms
during emergency or national disaster

68.      An act or measure taken, under a law, during war, state of public emergency, threatened state of public emergency or a national disaster shall not be inconsistent with
this Part –

(a)     if  the  act  or  measure  taken  is reasonably justifiable for dealing with the war, state of public emergency, threatened state of public emergency or national disaster; and

Measures applicable during war or emergency

war, state of public emergency or threatened state of public emergency, the following shall apply:
(a)    that   person   shall,   as   soon   as   is reasonably practicable, and in any case not more than fourteen days after the commencement    of  the  detention  or restriction,    be    furnished    with    a statement, in writing, specifying, in detail, the grounds of the restriction or detention;
(b)     not more than seven days after the commencement    of   the   detention   a notification shall be published in the Gazette –
(i)    giving particulars of the place of detention; and
(ii)    stating  the  provision  of  the  law under    which   the   detention   is authorised;
(c)    if that person so requests, at any time during the period of the detention or not later than twenty-one days after the commencement of the detention and at intervals of not more than thirty days

thereafter, the case shall be reviewed by the Constitutional Court;
(d)    that person shall be afforded reasonable facilities to consult a legal practitioner of that person’s choice who shall be permitted to make representations to the authority by which the detention was ordered or to the Constitutional Court; and
(e)    at  the  hearing  of  the  case  by  the Constitutional Court, that person may challenge the –
(i)    detention; or

(ii)   validity of the declaration of war, state    of   public   emergency   or threatened        state     of     public emergency    and   the   measures taken during that period.
(2)       The President may refer to the Constitutional Court for review the case of a person who has been or is detained under a detention order under any law.
(3)       The Constitutional Court shall make a decision on a matter reviewed by it under this Article.

Enforcement of Bill of Rights

Enforcement of
Bill of Rights

70.      (1)       A person who alleges that a provision of the Bill of Rights has been or is being contravened, in relation to the person, may apply for redress to the Constitutional Court or to another court which that person has immediate access to.

(2)    A  person  may  bring  an  action  against  the

violation of another person’s rights and freedoms.

Report on realisation of rights and freedoms

Principles of electoral systems and process

71.     The  President  shall,  each  year,  when addressing the National Assembly, report on the measures taken by the State in the realisation of the Bill of Rights.

PART VI REPRESENTATION OF THE PEOPLE

Electoral Systems and Process

72.      (1)       The electoral systems, provided for in Article 74 for the election of President, Member of Parliament or councillor ensure –
(a)    that citizens are free to exercise their political rights;
(b)    universal adult suffrage based on the equality of a vote;
(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 must ensure –
(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;

(d)    a simple and practical system of voting and tabulating votes; and
(e)    timely resolution of electoral disputes.

Franchise

Electoral systems

73.       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 ballot.

74.       (1)       Elections to the office of President shall be conducted 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
99.

(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 127 and 128.
(3)       The system of electing representatives of a provincial assembly, specified in Article 181 (1) (c), (d), (e), (f), (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 190 and 191.
(5)    A constituency and a ward shall return only

one member to the National Assembly or council, respectively.

Electoral process

75.    The electoral process for electing a President, Member of Parliament, member of a provincial assembly as
specified in Article 74 (3) or councillor shall be prescribed.

System for    53
administering
elections

76.    The system of administering elections shall be

prescribed.

Access to media

Independent candidates

Nominations

77.        A political party and a candidate contesting an election shall have access to the media, especially during election campaigns.

78.        A   person   is   eligible   for   election   as   an independent candidate for a National Assembly constituency-based-seat, if the person –
(a)    is not a member of a political party and has not been a member of a political party    for    at    least    two    months immediately    before  the  date  of  the election; and
(b)    meets the qualifications for election as a Member of   Parliament provided in Article 129.

79.     (1)      A candidate shall file that candidate’s nomination paper to a returning officer, supported by an affidavit stating that the candidate is qualified for nomination as President, Member of Parliament for a constituency-based-seat or councillor, in the manner, on the day, at the time and place set by the Electoral Commission, by proclamation.
(2)       A returning officer shall, immediately on the filing of a nomination paper, in accordance with clause (1), duly reject the nomination paper if the candidate does not meet the qualifications or procedural requirements specified for election to that office.

(3)       The  information  contained  in  a  nomination paper and affidavit shall be published by the Electoral Commission, as prescribed.
(4)      A person may challenge, before a court or tribunal, as prescribed, the nomination of a candidate within seven days of the close of nomination and the court shall hear the case within twenty-one days of its lodgement.
(5)       The processes specified under clauses (1) to (4) shall be completed at least thirty days before a general election.
(6)        Where a candidate dies, resigns or becomes disqualified in accordance with Article 98, 129 or 190 or a court disqualifies a candidate for corruption or malpractice, after the close of nominations and before the election date, the  Electoral  Commission shall  cancel  the  election  and
elections shall be held within thirty days of the cancellation.

Unopposed candidates

80.        (1)      Where only one candidate is nominated for election as President, Member of Parliament for a constituency-based-seat or councillor, by the date and time set by the Electoral Commission for receiving nominations and at the close of the nomination period, that candidate shall be declared duly elected.
(2)       A   person   may,   within   seven   days   of   a declaration, made in accordance with clause (1), challenge the declaration, as prescribed.
(3)        The processes specified under clauses (1) and (2) shall be completed at least thirty days before a general election.

Electoral code of conduct

Losing candidate not eligible for certain appointments

Election date for general elections

By-elections

81.    A candidate and a political party shall comply with a prescribed electoral code of conduct.

82.       A  candidate  who  loses  an  election  as  a President, Member of Parliament for a constituency-based- seat or councillor is not eligible, during the term of that National Assembly or council, for appointment as –
(a)    Minister;

(b)    Provincial Minister; or

(c)    Parliamentary Secretary.

83.       (1)       A general election shall be held, every five years after the last general election, on the second Thursday of August.
(2)    The day on which a general election is held shall be a public holiday.

84.       (1)       Where a vacancy occurs in the office of Member of Parliament for a constituency-based-seat, mayor, council chairperson or councillor, a by-election shall be held within ninety days of the occurrence of the vacancy.
(2)        A by-election shall not be held within the one hundred-and-eighty day period that precedes a general election.
(3)     The  Electoral  Commission  shall,  by proclamation, set the place, date and time when a by-election is to be held.

Constituencies, Wards and Delimitation

Constituencies, wards and delimitation

Matters to take into account when delimiting constituencies and wards

85.   (1)    Zambia  shall  be  divided  into constituencies and wards for purposes of elections to the National Assembly and councils, respectively.
(2)       The number of constituencies shall be equal to the number of constituency-based-seats in the National Assembly.
(3)      The number of wards in a district shall be prescribed.
(4)       The Electoral Commission shall determine the names and boundaries of constituencies and wards.
(5)       The Electoral Commission shall, at intervals of not more than ten years, review the names and boundaries of constituencies and wards.
(6)      The names and details of the boundaries of constituencies and wards shall be published in the Gazette and shall come into effect on the next dissolution of Parliament or councils.
(7)       A person may apply to the Constitutional Court for review of a decision of the Electoral Commission made under this Article.

86.    The Electoral Commission shall, in delimiting the boundaries of constituencies and wards –
(a)    take into account the history, diversity and cohesiveness of the constituency or ward;
(b)    have   regard   to   population   density, population trends and projections;

(c)      ensure that the number of inhabitants in    each   constituency   or   ward   is reasonable, taking into account   the means    of      communication      and geographical features;
(d)       ensure that constituencies and wards are wholly within districts; and
(e)      seek to achieve an approximate equality of constituency and ward population, subject to the need to ensure adequate representation for urban and sparsely populated areas.

Political Parties

Political parties

87.    (1)    A political party has the right to –

(a)      disseminate information on social and economic programmes of a national character and of its political ideology;
(b)       sponsor  candidates  for  election  to  a State office, other than a provincial assembly; and
(c)    conduct   primary   elections   for   the selection of candidates.
(2)    A political party shall –

(a)    promote   the   values   and   principles specified in this Constitution;
(b)    have a national character;

(c)    promote and uphold national unity;

(d)       promote    and    practice    democracy through regular, free and fair elections within the party;
(e)      respect the right of its members to participate in the  affairs of the political party;
(f)        respect the right of its members to seek redress from a court or  tribunal when aggrieved by a decision of the political party; and
(g)      subscribe to and observe the code of conduct    for    political    parties,    as prescribed.
(3)    A political party shall not –

(a)    be  founded  on  a  religious, linguistic, racial, ethnic, tribal, gender, sectoral or provincial    basis     or     engage     in propaganda     based  on  any  of  these factors;
(b)    engage  in  or  encourage  violence  or intimidate its members, supporters, opponents or other person;
(c)    engage in corrupt practices; and

(d)    except   as   prescribed,   use   public resources to promote its interest or that of its members.
(4)    The following shall be prescribed with regard to political parties:
(a)    the establishment and management of a

Political    Parties’    Fund    to    provide

financial support to political parties with seats in the National Assembly;
(b)    the accounts of political parties which are funded under the Political Parties’ Fund and the submission of audited accounts;
(c)    the sources of funds for political parties;

and

(d)        the  limit  of  money  to  be  used  for campaigns during elections.

PART VII EXECUTIVE

Executive Authority

Principles of executive authority

Presidency and vesting of executive authority

88.      The Executive authority derives from the people of Zambia and shall be exercised in a manner compatible with the principle of service to the people for their well being and benefit.

89.     (1)       There  shall  be  a  President  of  the Republic of Zambia who shall be the Head of State and Government and Commander-in-Chief of the Defence Force.
(2)       The executive authority of the State vests in the President and, subject to this Constitution, shall be exercised directly by the President or through public officers or other persons appointed by the President.
(3)       The President shall, in exercise of the executive authority of the State –

(a)    respect,    uphold    and    safeguard    this

Constitution;

(b)    safeguard    the    sovereignty    of    the

Republic;

(c)    promote  democracy  and  enhance  the unity of the Nation;
(d)    respect  the  diversity  of  the  different communities of Zambia;
(e)    promote  and  protect  the  rights  and freedoms of a person; and
(f)    uphold the rule of law.

Executive functions of President

90.      (1)       The   President   shall   perform,   with dignity, leadership and integrity, the acts that are necessary, expedient for, or reasonably incidental to, the exercise of the executive authority.
(2)    Without limiting the other provisions of this

Constitution, the President shall –

(a)    appoint          ambassadors,          high commissioners, plenipotentiaries, diplomatic representatives and consuls;
(b)   receive   and   accredit   foreign ambassadors, high commissioners, plenipotentiaries,    diplomatic representatives, consuls and heads of international organisations;
(c)    negotiate  and  sign  international agreements and treaties and, subject to the approval of the  National Assembly, ratify    or    accede    to    international agreements and treaties;

(d)   establish,  merge  and  dissolve Government ministries, subject to the approval of the National Assembly;
(e)       appoint persons as are required by this Constitution or any other law to be appointed by the President;
(f)        appoint  persons  as  are  required  to perform special duties for the Executive;
(g)    confer honours;

(h)       sign and promulgate proclamations as specified in this Constitution or as prescribed;
(i)      initiate Bills for submission to, and consideration    by,     the     National Assembly; and
(j)    perform  other  functions  specified  by

this Constitution or as prescribed.

Confirmation of presidential decisions and instructions

Approval of appointments and measures by National Assembly

91.    (1)    A    decision    or    instruction    of    the

President shall be in writing under signature.

(2)     The  signature  of  the  President  on  an instrument shall be under Public Seal.

92.      (1)       Where the  performance of an executive function is expressed by this Constitution to be subject to approval by the National Assembly, the National Assembly shall, in the sitting next after receipt of the request for approval, give the approval within twenty-one days of the commencement of the sitting.
(2)       Where  an  approval  is  not  given  within  the period  specified  in  clause  (1)  or  the  National  Assembly

unreasonably refuses to give an approval as requested, the President shall refer the matter to the Constitutional Court for hearing and the decision of the Constitutional Court is final.
(3)       Where the Constitutional Court decides that the refusal or delay by the  National Assembly was justified, the President shall comply with the order of the Court.
(4)       Where the Constitutional Court decides that the refusal or delay by the National Assembly was unreasonable, the National Assembly shall proceed to approve
the matter.

Ratification of appointments and measures by National Assembly

93.          (1)       Where    in    this    Constitution    an appointment to an office or the taking of a measure by the President is subject to ratification by the National Assembly, the National Assembly shall, in the sitting next after receipt of the request for ratification, give its ratification within twenty- one days of the commencement of the sitting.
(2)      Where ratification is not given within the period specified in clause (1), the President shall propose another measure or appoint another person to that office and submit that measure or appointment for ratification by the National Assembly.
(3)       Where the National Assembly refuses or delays the ratification for the second time, the President shall propose another measure or appoint another person to that office and shall submit that measure or appointment for ratification by the National Assembly.
(4)       Where the National Assembly refuses or delays the ratification of the measure or appointment for the third time, that measure or appointment shall take effect.

Advisory Committee on prerogative of mercy

Prerogative of mercy

Protection of President from legal proceedings

94.        (1)       There shall be an Advisory Committee on the prerogative of mercy which shall consist of persons appointed by the President.
(2)         The  Advisory  Committee  shall  advise  the President on an action or a decision to be taken in relation to a person convicted of an offence by a court or court-martial.
(3)         A member of the Advisory Committee shall hold office at the pleasure of the President.
(4)    The President may preside at a meeting of the

Advisory Committee.

(5)         The  Advisory  Committee shall determine its own procedure for meetings.

95.    (1)    The President may, on the advice of the

Advisory Committee –

(a)        conditionally     or      unconditionally, pardon a person convicted of an offence;
(b)    substitute   a   less   severe   form   of punishment imposed on a person by a court; or
(c)    remit the whole or part of a fine, penalty or forfeiture.
(2)       A  person  who  is  sentenced  to  death  may request the President for a pardon or commutation of the sentence.

96.        (1)       A person shall not institute or continue civil proceedings against the President or a person performing executive functions, as provided in Article 107, in respect of anything done or omitted to be done by the President or that person in their private capacity.

(2)         The  President  shall  not,  in  the  President’s private capacity, institute or continue civil proceedings against a person.
(3)         For purposes of clauses (1) and (2), where a law limits the time within which proceedings may be brought against a person, the term of office shall not be taken into account in calculating the period of time.
(4)         Subject to clause (9), the President or a person performing executive functions, as provided in Article 107, is immune  from  criminal  proceedings  which  immunity continues after that person ceases to hold or perform the functions of that office.
(5)       Where  there  is  prima  facie  evidence  that  a person who held the office of President or who performed executive functions committed an offence whilst in office or during the period that person performed executive functions, the President shall submit a report, outlining the grounds relating to the offence allegedly committed, to the National Assembly, requesting the National Assembly to remove the immunity from criminal proceedings of that person.
(6)       Where the National Assembly receives a report, submitted in accordance with clause (5), the National Assembly shall constitute a select committee to scrutinise the grounds submitted and determine whether or not there is a prima facie case, based on the grounds submitted, that warrants the removal of the immunity from criminal proceedings, and recommend its decision to the National Assembly.
(7)       The person who held the office of President or who performed executive functions has the right to appear, be

represented    and    be    heard    before    the    select    committee constituted under clause (6).
(8)       Where the select committee, constituted under clause (6), recommends the removal of immunity from criminal proceedings from the person who held the office of President or who performed executive functions, the National Assembly may remove the immunity, in respect of the alleged offence, by a resolution supported by a vote of not less than two-thirds of the Members of Parliament.
(9)       Where  immunity is  removed,  in  accordance with clause (8), the person who held the office of President or who performed executive functions, shall be charged with the offence for which the immunity from criminal proceedings was removed.
(10)     Where a court acquits the person who held the office of President or who performed executive functions, of an offence for which that person’s immunity from criminal proceedings was removed, the immunity of that person with respect to that offence shall, for all purposes, be deemed not to have been removed, without further proceedings.
(11)       The  process  for  the  removal  of  immunity, provided for under this Article, shall not apply to an impeachable offence under Article 106 for which offence the person may be charged.

Election of President

Returning officer for presidential elections

97.        The Chairperson of the Electoral Commission shall be the Returning Officer in an election to the office of President.

Qualifications and disqualifications for nomination as presidential candidate

98.    (1)    A person qualifies to be nominated as a candidate for election as President if that person –
(a)    is a citizen by birth or descent;

(b)    has been ordinarily resident in Zambia; (c)    is at least thirty-five years old;
(d)    is a registered voter;

(e)    has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent;
(f)    is fluent in the official language;

(g)    has  paid  that  person’s  taxes  or  has made arrangements, satisfactory to the appropriate    tax   authority,   for   the payment of the taxes;
(h)    declares    that    person’s    assets    and

liabilities, as prescribed;

(i)    pays the prescribed election fee on, or before, the date fixed for the delivery of nomination papers; and
(j)    is  supported  by  not  less  than  one hundred registered voters from each Province.
(2)    A person is disqualified from being nominated as a candidate for election as President if that person –
(a)    is a public officer; (b) has dual citizenship;
(c)        is holding or acting in a Constitutional office or other public office;
(d)    is a judge or judicial officer;

(e)    was  removed  from  public  office  on grounds of gross misconduct in the immediate preceding five years;
(f)    has a mental or physical disability that would make the person incapable of performing the executive functions;
(g)    is an undischarged bankrupt;

(h)    is serving a sentence of imprisonment;

or
(i)    has,  in  the  immediate preceding  five years, served a term of imprisonment of at least three years.

Election of
President

99.    (1)    A    President    shall    be    elected    by registered voters in accordance with Article 74 (1) and this
Article.

(2)     The  Returning Officer shall declare  the presidential candidate who receives more than fifty percent of the valid votes cast as President-elect.
(3)        If at the initial ballot a presidential candidate does not receive more than fifty percent of the valid votes cast, a second ballot shall be held within thirty-seven days of the initial ballot, where the only candidates shall be the presidential candidates who obtained –
(a)       the highest and second highest number of valid votes cast in the initial ballot; or
(b)       an equal number of the valid votes cast, being the highest votes amongst the presidential candidates that   stood for election.

(4)       A  person  may  within  seven  days  of  the declaration made under clause (3), petition the Constitutional Court to nullify the election of a presidential candidate who took part in the initial ballot on the ground that –
(a)    the person was not validly elected; or

(b)    a provision of this Constitution or other law  relating  to  presidential  elections was not complied with.
(5)       The Constitutional Court shall hear an election petition filed in accordance with clause (4) within fourteen days of the filing of the petition.
(6)       The Constitutional Court may, after hearing an election petition –
(a)    declare the election of the presidential candidate valid;
(b)    nullify the election of the presidential candidate; or
(c)    disqualify the presidential candidate from being a candidate in the second ballot.
(7)       A decision of the Constitutional Court made in accordance with clause (6) is final.
(8)     The presidential candidate who obtains the majority of the valid votes cast in the second ballot shall be
declared President-elect.

Disqualification for run-off

(c)    is  disqualified  by  a  decision  of  the

Constitutional Court under Article 99; the presidential candidate shall not take part in the second ballot and the candidate who scored the third highest number of valid votes cast in the initial ballot shall be a presidential candidate in the second ballot, together with the remaining presidential  candidate  that  had  initially  qualified  for  the second ballot.
(2)    If a presidential candidate –

(a)    dies; or

(b)    resigns due to ill health;

before the taking of a second ballot, the running mate to that presidential candidate in the initial ballot shall assume the place of that presidential candidate.
(3)        The presidential candidate who assumed the place of the previous presidential candidate in accordance with clause (2) shall appoint a running mate.
(4)    Where both presidential candidates –

(a)    resign;

(b)    become disqualified under Article 98;

(c)       become disqualified by a decision of the Constitutional Court under Article 99; or
(d)    die;
before the taking of the second ballot, fresh nominations shall be filed with the Electoral Commission, as prescribed.

Election petition

101.     (1)      A person may, within seven days of the declaration of a President-elect, petition the Constitutional Court to nullify the election of the President-elect on the ground that–

(a)    the person was not validly elected; or
(b)    a provision of this Constitution or other
law  relating  to  presidential  elections
was not complied with.
(2)    Th    e Constitutional Court shall hear an election
petition relating to the President-elect within fourteen days of the filing of the petition.
(3)      The Constitutional Court may, after hearing an election petition –
(a)    declare  the  election of the  President- elect valid; or
(b)    nullify the election of the President-elect and Vice-President-elect.
(4)       A decision of the Constitutional Court under clause (3) is final.
(5)       Where the election of the President-elect and Vice-President-elect is nullified by the Constitutional Court, a presidential election shall be held within thirty days from the
date of the nullification.

Transition period before assuming office

102.    (1)       The President-elect shall be sworn into office and assume office in accordance with Article 103.
(2)  Subject to clauses (3) and (4), where the Returning Officer declares a presidential candidate as President-elect, the incumbent shall continue to perform the executive functions until the president-elect assumes office, except the power to –
(a)    make an appointment; or

(b)    dissolve the National Assembly.

(3)     Where an election petition is filed against the incumbent, under Article 101(1), or an election is nullified, under Article 101(3) (b), the Speaker shall perform the executive functions, except the power to –
(a)    make an appointment; or

(b)    dissolve the National Assembly.

(4)    Subject to Article 103 and except where the incumbent is the President-elect, the incumbent President shall, on the assumption of office by the President-elect, begin and complete the procedural and administrative handing over of the executive functions, to the President-elect, within fourteen days from the day the President-elect assumes office.

Assumption of Office, Tenure of Office and Vacancy

Assumption of office

103.    (1)       The President-elect shall assume office after being sworn in by the Chief Justice or, in the absence of the Chief Justice, the Deputy Chief Justice.
(2)       The President-elect shall be sworn into office on the Tuesday following –
(a)    the seventh day after the date of the declaration of the presidential election results, if no petition has been filed in accordance with Article 101; or
(b)    the seventh day after the date on which the Constitutional Court declares the election to be valid.
(3)       Subject to clause (4), where the President-elect dies, resigns or is for a reason unable to assume office, the

Vice-President-elect shall be sworn into, and assume the office of President, in accordance with clause (1).
(4)       Subject to clause (5), where the inability of the President-elect to assume office, is as a result of an event or circumstance beyond the control of the President-elect, the Vice-President-elect shall not be sworn into office.
(5)       A political party whose presidential candidate was declared President-elect or another person shall, within three days from the date on which the President-elect should have been sworn into office, petition the Constitutional Court on whether or not the inability of the President-elect to assume office is permanent.
(6)    Where the Constitutional Court decides that the    inability     of    the    President-elect    to    assume    office    is permanent, the Vice-President-elect shall be sworn into office as President and assume office in accordance with clause (1). (7)        The Vice-President-elect who assumes office as President, in accordance with clause (3) or (6), shall appoint a person as Vice-President, subject to approval by the National Assembly, signified by a vote of not less than two-thirds of the
Members of Parliament.

(8)    Where the Vice-President elect, who is supposed to assume the office of President, as specified in clause (3) or (6), dies, resigns or is for another reason unable to assume the office of President –
(a)    the Speaker shall assume the office of

President; and

(b)       a  presidential  election  shall  be  held within sixty days of the occurrence of the vacancy.

(9)       The Speaker shall, from the date the Speaker assumes office in accordance with clause (8), perform the executive functions, except the power to make an appointment or dissolve the National Assembly.
(10)    The Speaker shall, when the President-elect assumes office, complete the procedural and administrative
handing over process within thirty days.

Tenure of office of President and vacancy

104.     (1)      The term of office for a President is five years which shall run concurrently with the term of Parliament, except that the term of office of President shall expire when the President-elect assumes office in accordance with Article 103.
(2)       A President shall hold office from the date the President-elect is sworn into office and ending on the date the next President-elect is sworn into office.
(3)       A person who has twice held office as President is not eligible for election as President.
(4)    The office of President becomes vacant if the

President –

(a)    dies;

(b)    resigns    by  notice    in  writing    to  the

Speaker of the National Assembly; or

(c)    otherwise ceases to hold office under

Article 105, 106 or 138.

(5)    When    a    vacancy    occurs    in    the    office    of

President, except under Article 138 –

(a)    the    Vice-President    shall    immediately assume the office of President; or
(b)    if  the  Vice-President  is  unable  for  a reason to assume the office of President,

the Speaker shall perform the executive functions, except the power to–
(i)    make an appointment; or

(ii)    dissolve the National Assembly; and a presidential election shall be held within sixty days after the occurrence of the vacancy.
(6)     If the Vice-President assumes the office of President, in accordance with clause (5)(a), or a person is elected to the office of President as a result of an election held in accordance with clause 5(b), the Vice-President or the President-elect shall serve for the unexpired term of office and be deemed, for the purposes of clause (3) –
(a)       to have served a full term as President if, at the date on which the President assumed office, more than three years remain before the date of the next general election; or
(b)      not to have served a term of office as President if, at the date on which the President    assumed  office,  less  than three years remain before the date of the
next general election.

Removal of President on grounds of incapacity

105.    (1)       A Member of Parliament, supported by at least one-third of the Members of Parliament, may move a motion for the investigation of the physical or mental capacity of the President to perform executive functions.
(2)    The motion moved, in accordance with clause

(1), shall specify the particulars of the allegation.

(3)    Where the motion is supported in the National

Assembly by a resolution of two-thirds of the Members of

Parliament –

(a)    the  Speaker  shall,  within  forty-eight hours of the adoption of the resolution, inform    the   Chief   Justice   of   the resolution; and
(b)    the  Chief  Justice  shall  immediately inform the President of the resolution, whereupon the President shall cease to perform the executive functions and the Vice-President shall perform the executive functions, except the power to-
(i)    make an appointment; or

(ii)    dissolve the National Assembly.

(4)       The Chief Justice shall, within seven days of being informed of the resolution of the National Assembly, constitute a medical board, in consultation with the body responsible for regulating health practitioners, to inquire into the physical or mental capacity of the President.
(5)        A medical board shall consist of not less than three persons selected from among persons who are registered as health practitioners.
(6)        A medical board, constituted under clause (5), shall examine the President and report to the Chief Justice, within fourteen days of the constitution of the medical board, as to whether or not the President is capable of performing the executive functions.
(7)    Where  the  medical  board  reports  that  the

President is capable of performing the executive functions, the

Chief Justice shall, within forty-eight hours of the receipt of the medical report, cause a copy of the report to be presented to  the  National  Assembly  which  shall  resolve  that  the President should resume performing the executive functions. (8)    Where  the  medical  board  reports  that  the President is not capable of performing the executive functions, the Chief Justice shall, within forty-eight hours of the receipt of  the  medical  report,  cause  a  copy  of  the  report  to  be presented to the National Assembly which shall resolve that the  President  should  cease  to  hold  office  and  the  Vice- President shall assume the office of President in accordance
with Article 104(5).

(9)    This Article applies to the Vice-President.

Impeachment of
President

106.    (1)       A Member of Parliament, supported by at least one-third of the Members of Parliament, may move a motion for the impeachment of the President alleging that the President has committed –
(a)    a    violation    of    a    provision    of    this

Constitution or other law;

(b)    a crime under  international law; or

(c)    gross misconduct.

(2)    The motion, moved in accordance with clause

(1), shall specify the particulars of the allegation.

(3)       Where a motion, moved in accordance with clause (1), is supported, in the National Assembly, by a resolution of two-thirds of the Members of Parliament –
(a)    the  Speaker  shall,  within  forty-eight hours of the adoption of the resolution, inform    the   Chief   Justice   of   the resolution; and

(b) the Chief Justice shall immediately inform the President    of  the  resolution,  whereupon  the President shall cease to perform the executive functions and the Vice-President shall perform the executive functions, except the power to –
(i)    make an appointment; or

(ii)    dissolve the National Assembly.

(4)      The Chief Justice shall, within seven days of being informed of the resolution of the National Assembly, appoint a tribunal, in consultation with the Judicial Service Commission, which shall consist of a chairperson and not less than two other members from among persons who hold, have held or qualify to hold, the office of judge.
(5)      The tribunal appointed under clause (4) shall, within thirty days of its appointment –
(a)    investigate the  matter relating to the impeachment of the President; and
(b)    report to the Chief Justice as to whether or not the particulars of the allegations specified    in  the  motion  have  been substantiated.
(6)       The President has the right to appear and be represented before the tribunal during its investigation.
(7)       The Chief Justice shall, on receipt of the report referred to in clause (5) (b), immediately submit the report to the National Assembly.
(8)       Where the tribunal reports that the particulars of an allegation against the President –
(a)    is   not   substantiated,   the   National Assembly  shall, on a motion supported by the votes of not less than two-thirds

of the Members of Parliament, taken by secret ballot, resolve that –
(i)    the President did not commit  the violations specified in the motion; and
(ii)    further proceedings  shall  not  be taken    with    respect    to    the allegation; or
(b)    is substantiated, the National Assembly shall, on a motion supported by the votes of not less than two-thirds of the Members of Parliament, taken by secret ballot, resolve that the President has committed the violations specified in the motion and that the President should cease to hold office forthwith.
(9)    The    President    shall,    on    the    passing    of    a resolution in accordance with –
(a)    clause (7) (a), resume to perform the executive functions; or
(b)    clause (7) (b), cease to hold office.

(10)    Where a motion is moved in accordance with clause (1), the President shall not dissolve Parliament.
(11)    This Article applies to the Vice-President.

Performance of executive functions during absence of President

107.    (1)       If  the  President  leaves  Zambia  or  is absent from office, the Vice-President shall perform the executive functions specified, in writing, by the President until the President returns to office or revokes the authority.
(2)     Where the Vice-President is incapable of performing the executive functions, as specified under clause

(1), the President shall appoint a member of the Cabinet to perform the executive functions until the –
(a)    Vice-President is able to perform those functions;
(b)    President returns to office; or

(c)    President revokes the authority.

(3)        Where the President is unable to appoint a member of Cabinet to perform the executive functions, in accordance with clause (2), Cabinet may elect one of its members to perform the executive functions until the –
(a)    Vice-President is able to perform those functions;
(b)    President returns to office; or

(c)    President revokes the authority.

Vice-President

Vice-President, election to office and swearing in

108.    (1)       There shall be a Vice-President for the Republic who shall be the running mate to a presidential candidate in a presidential election.
(2)    The    qualifications    and    disqualifications applying  to  a  presidential candidate  apply  to  the  person selected by the presidential candidate to be the running mate. (3)    An election to the office of Vice-President shall
be conducted at the same time as that of an election to the office of President so that a vote cast for a presidential candidate is a vote cast for the running mate, and if the

presidential candidate is elected, the running mate shall be considered to have been elected.
(4)       A Vice-President-elect shall be sworn into office by the Chief Justice or, in the absence of the Chief Justice, the Deputy Chief Justice.
(5) The Vice-President shall assume office on the same

day that the President assumes office.

Tenure of office
of Vice-President and vacancy

109.    (1)       The term of office for a Vice-President is five years.
(2)       A Vice-President shall hold office from the date the Vice-President-elect is sworn into office and ending on the date the next President-elect is sworn into office.
(3)       A person who has twice held the office of Vice- President shall not be selected as a running mate.
(4)    The office of Vice-President becomes vacant if the Vice-President –
(a)    dies;

(b)    resigns by notice in writing to the

President;

(c)    otherwise ceases to hold office under

Article 105, 106 or 138; or

(d)    assumes the office of President.

(5)       Where a vacancy occurs in the office of Vice- President, except as provided under Article 138, the President shall appoint another person to be Vice-President and the National Assembly shall, by a resolution supported by the votes of not less than two-thirds of the Members of Parliament, approve the appointment of that person as Vice-President.
(6)    The    person    who    assumes    office    as    Vice- President, in accordance with clause (5), shall serve for the

unexpired term of office and be deemed for the purposes of

clause (3) –

(a)  to have served a full term as Vice-President if, at the date on which the Vice- President assumed office, more than three years remain before the date of the next general election; or
(b)       not to have served a term of office as Vice-President if, at the date on which the Vice-President assumed office, less than three years remain before the date of the next general elections.
(7)    A person who assumes office as Vice-President, in accordance with clause (5), shall not assume the office of President in the event of a vacancy occurring in the office of
the President.

Functions of
Vice-President

110.    (1)       The Vice-President shall be answerable to the President in the performance of the functions of Vice- President.
(2)    The Vice-President shall –

(a)    perform the functions that are assigned to the Vice-President by the President;
(b)    perform    the    executive    functions    as specified in this Constitution; and
(c)    assume    the    office    of    President    as specified in Article 104(5).
(3)       The Vice-President shall attend the sittings of the National Assembly when requested to do so by the Speaker or for a particular purpose, upon notice to the Speaker.

(4)       The Vice-President shall, while in attendance in the National Assembly, take part in the proceedings of the National Assembly but shall not vote.

Cabinet Ministers and Parliamentary
Secretaries

Cabinet

Functions of Cabinet

111.    There shall be a Cabinet consisting of the –

(a)    President;

(b)    Vice-President; (c)    Ministers;
(d)    Provincial    Ministers,    as    ex-officio

members; and

(e)    Attorney-General, as ex-officio member.

112.    (1)     The functions of Cabinet are as follows: (a)    approve and cause to be implemented
Government policy;

(b)    approve      Government      Bills      for introduction to the National Assembly;
(c)    approve and cause the national budget to    be   presented   to   the   National Assembly;
(d)    recommend     the     accession     and ratification of international agreements and treaties to the National Assembly;
(e)    recommend,    for    approval    of    the

National Assembly –

(i)    loans to be contracted by the State;

and

(ii)    guarantees on loans contracted by State    institutions     or     other institutions; and
(f)        advise the President on matters relating to    the    performance    of    executive functions.
(2)    Cabinet shall take collective responsibility for

Cabinet decisions.

Proceedings of Cabinet meetings

113.    (1)       Subject  to  this  Article,  Cabinet shall regulate its own procedure.
(2)       Cabinet shall meet at least once in every month to perform its functions as specified in Article 112.
(3)       The   Secretary   to   the   Cabinet   shall,   in consultation with the President, call for meetings of Cabinet.
(4)    There shall preside at meetings of Cabinet –

(a)    the President;

(b)    in the absence of the President, the

Vice-President; or

(c)       in the absence of the Vice-President, a member of Cabinet appointed by the President.
(5)      Where the President is unable to appoint a member of Cabinet to preside at a meeting of Cabinet the members of Cabinet present at the meeting may elect one of the members to preside.
(6)      The President may, in consultation with the Secretary to the Cabinet, invite a person whose presence is desirable to attend and participate in the deliberations of a meeting of Cabinet but that person shall have no vote.

Ministers

Provincial
Ministers

114.     (1)     The President shall appoint a prescribed number of persons, who are not Members of Parliament but who qualify to be   Members of Parliament, as Ministers, subject to ratification by the National Assembly.
(2)     A Minister shall be responsible, under the direction of the President, for the policy and strategic direction of a Ministry, department or other State institution, as assigned by the President.
(3)    The office of Minister becomes vacant if –

(a)    the Minister is removed from office by the President;
(b)        the  Minister  resigns,  by  notice  in writing to the President;
(c)    the Minister is included as a member under a party list provided for in Article
128 (1);

(d)    the Minister dies;

(e)    another person assumes the office of

President; or

(f)        the Minister has a mental or physical disability    that   makes   the   Minister incapable of performing the functions of that office.
(4)       A  Minister  shall  attend  the  sittings  of  the National Assembly when requested to do so by the Speaker or for a particular purpose, upon notice to the Speaker.

115.    (1)       The President shall appoint a Provincial Minister for each Province from persons who are not Members of Parliament but qualify to be Members of Parliament.

if –

(2)    The office of Provincial Minister becomes vacant

(a)        the Provincial Minister is removed from office by the President;
(b)        the  Provincial  Minister  resigns,  by notice in writing to the President;
(c)    the Provincial Minister dies;

(d)    another person assumes the office of

President; or

(e)      the Provincial Minister has a mental or physical    disability   that   makes   the Provincial        Minister     incapable     of performing the functions of that office.
(3)    A Provincial Minister shall –

(a)    be  the  head  of  Government  in  the

Province;

(b)       initiate local Bills, relating to the affairs of the Province, for submission to, and consideration    by,     the     provincial assembly;
(c)    ensure that national policies are implemented    in  all  districts  in  the Province; and
(d)       ensure that the concurrent functions of the Province and the exclusive functions of the local authorities are performed in accordance with this Constitution and other law.
(4)    A Provincial Minister shall attend the sittings of

the National Assembly or provincial assembly when requested to  do  so  by  the  Speaker  or  Provincial  Speaker  or  for  a

particular purpose, upon notice to the Speaker or Provincial

Speaker.

Parliamentary
Secretaries

116.    (1)       The   President   shall   appoint,   from amongst the Members of Parliament, not more than eleven persons, who are members of the party in Government, as Parliamentary Secretaries.
(2)       A Parliamentary Secretary shall be responsible, under the direction of the Vice-President, for –
(a)    the    Government’s    parliamentary

business in the National Assembly; and

(b)    such    other    functions    as    may    be assigned by the President.
(3)    The office of Parliamentary Secretary becomes

vacant if –

(a)        the Parliamentary Secretary is removed from office by the President;
(b)        the Parliamentary Secretary resigns, by notice in writing to the President;
(c)    the Parliamentary Secretary dies;

(d)    another person assumes the office of

President; or

(e)       the   Parliamentary  Secretary   has   a mental or physical disability that makes the Parliamentary Secretary incapable of performing the functions of   that office.

PART VIII LEGISLATURE

Legislative Authority

Principles of legislative authority

Parliament, vesting of legislative authority and Members of Parliament

Functions of Parliament and National Assembly

117.     The legislative authority of the Republic derives from the people of Zambia and shall be exercised in a manner that protects this Constitution and promotes the democratic governance of the Republic.

118.     (1)       There is established the Parliament of Zambia which consists of the President and the National Assembly.
(2)        Subject to Article 182, the legislative authority of the Republic is vested in and exercised by Parliament.
(3)         A person or body, other than Parliament, shall not have power to enact legislation, except as conferred by this Constitution.
(4)        A member of the National Assembly shall be referred to as a Member of Parliament.

119.     (1)       Parliament    shall    enact    legislation through Bills passed by the National Assembly and assented to by the President.
(2)      The National Assembly shall oversee the performance of executive functions by –
(a)    ensuring equity in the distribution of national resources amongst the people of Zambia;
(b)    appropriating funds for expenditure by State    organs,   provincial  assemblies, State        institutions,         provincial administration, local authorities and other bodies;

(c)    scrutinising      public      expenditure, including defence, constitutional and special expenditure;
(d)        approving  public  debt  before  it  is contracted; and
(e)    approving international agreements and treaties before these are acceded to or
ratified.

Introduction of Bills in National Assembly

Money Bills

120.      (1)      A Member of Parliament or Minister may introduce a Bill in the National Assembly.
(2)         The expenses of drafting and introducing a Bill in the National Assembly shall be a charge on the Consolidated Fund.

121.    (1)    A Money Bill shall be introduced by a

Minister.

(2)    A Money Bill includes a Bill that provides for –

(a)    the    imposition,    repeal,    remission, alteration or regulation of taxes;
(b)    the   imposition   of   charges   on   the Consolidated Fund or any other public fund, or the variation or repeal of any of those charges;
(c)    the   appropriation,   receipt,   custody, investment, issue or audit of accounts of public monies;
(d)    the  grant  of  money  to  a  person  or authority or the variation or revocation of the grant of public money;

(e)    the raising or guaranteeing of a loan or
the repayment of it; or
(f)    matters incidental to matters specified
in this clause.
(3)    A Bi    ll that confers emoluments on State officers
or Constitutional office holders shall only be introduced in the

National Assembly if the emoluments are recommended by the

Emoluments Commission.

Retrospective legislation

that –

122.    (1)    Parliament shall not enact legislation

(a)    criminalises an act or omission which, at the time it took place, was not an offence; or
(b)    imposes a penalty which is more severe than the penalty that might have been imposed at the time the offence was committed.
(2)    Parliament    may    enact    legislation    with

retrospective effect but shall not enact legislation which operates retrospectively to impose a limitation, burden, liability or an obligation on, or adversely affect, the rights and
freedoms of a person.

Presidential assent and referral

123.     (1)       Where   a   Bill   is   presented   to   the President for assent, the President shall, within twenty-one days after receipt of the Bill –
(a)    assent to the Bill; or

(b)    refer the Bill to the National Assembly for  re-consideration,    indicating  any

reservation    that    the    President    has concerning the Bill.
(2)        Where  the  President  refers  the  Bill  to  the National Assembly for re-consideration, in accordance with clause (1) (b), the National Assembly may –
(a)    amend the Bill taking into account the

President’s reservation; or

(b)    pass the Bill, without amendment, by a vote supported by at least two-thirds of the Members of Parliament.
(3)        Where the National Assembly passes the Bill with amendments, in accordance with clause (2) (a), the Speaker shall submit the Bill to the President for assent.
(4)        Where the National Assembly passes the Bill, in accordance with clause (2) (b) –
(a)    the Speaker shall, within seven days, re- submit the Bill to the President; and
(b)    the President shall, within seven days of receipt of the Bill, assent to the Bill.
(5)       Where the National Assembly fails to pass the Bill, in accordance with clause (2) (b), the Bill shall not be presented to the National Assembly in that session.
(6)        Where the President refuses or fails to assent to a Bill, within the periods prescribed in clauses (1) and (4), the Bill shall be considered assented to upon the expiry of those
periods.

Commencement of Act of Parliament

124.    A Bill passed by the National Assembly and assented to by the President shall –
(a)    be published in the Gazette within seven days of assent; and

Acts of Parliament, words of enactment and categorisation of legislation

Statutory instruments

be styled “Acts of Parliament” and the words of enactment shall be “Enacted by the Parliament of Zambia”.
(2)    The categories of legislation shall be prescribed.

126.    (1)      Article 118 or 119 shall not prevent Parliament from conferring on a person or authority power to make statutory instruments.
(2)    A statutory instrument shall be published in

the Gazette –

(a)    not later than twenty-eight days after it is made; or
(b)    in the case of a statutory instrument which will not have the force of law unless it is approved by a person or an authority, other than a person or an authority by which it was made, not later than twenty-eight days after it is so approved;
and if the statutory instrument is not so published, it is void from the date on which it was made.
(3)        A person may challenge a statutory instrument, for its constitutionality, within fourteen days of the publication of the statutory instrument in the Gazette.
(4)        Where the Constitutional Court considers that a challenge of a statutory instrument is frivolous or vexatious, the Constitutional Court shall dismiss the action.

(5)        Where the Constitutional Court decides that a provision of a statutory instrument is inconsistent with a provision of this Constitution, that statutory instrument is void from the date on which it was made.
(6)        A  Member  of  Parliament  who  intends  to challenge a statutory instrument, on its constitutionality, shall follow the procedure laid down in the Standing Orders of
the National Assembly.

Election and composition of National Assembly

Elections to National Assembly and Members of

Parliament

127.    (1)    A Member of Parliament shall be elected in accordance with Article 74 (2), this Article and Article 128.
(2)    The National Assembly shall consist of –

(a)    one  hundred  and  fifty  constituency- based members directly elected on the basis of a simple majority vote under the first-past-the-post system;
(b)    one hundred members from a party list submitted to the Electoral Commission by each political party contesting the elections,  in  accordance  with  Article
128;

(c)    the Speaker; and

(d)    the First and Second Deputy Speakers. (3)    The  number  of  seats  to  be  allocated  to  a political party,  for  purposes  of  clause  (2)  (b),  shall  be calculated by multiplying the figure one hundred by the percentage of the total aggregate vote obtained by a political party in the National Assembly elections, using the largest
remainder formula, as prescribed.

Nominations under party lists

128.   (1)      A political party shall submit, to the Electoral Commission, a closed party list of persons for purposes of Article 127(2)(b), as prescribed.
(2)    A party list referred to under clause (1) shall –

(a)    be submitted on a day, at a time and place    prescribed   by   the   Electoral Commission;
(b)    contain the names and portraits of the persons    appearing    in    order    of preference;
(c)    contain  the  name  of  the  party  and

party’s symbol; and

(d)    comply with the  provisions  of  Article

72(1)(d).

(3)    A party list shall be accompanied by –

(a)    a     declaration    by     an     authorised representative of the political party that each person whose name appears on the party list –
(i)    has consented to be on the party list; and
(ii)    is    qualified    in    accordance    with

Article 129; and

(b)    a  certified  copy  of  the  registration certificate of the political party.
(4)      A person whose name appears on more than one party list shall immediately be disqualified by the Electoral Commission from taking a seat in the National Assembly.

(5)       A copy of a party list received by the Electoral Commission shall be published, and open for inspection by the public, at the offices of the Electoral Commission and at such other places, including the electronic media, and for such period, as the Electoral Commission may determine.
(6)    The    Electoral    Commission    shall,    where    a

member –

(a)    who is on a party list, dies;

(b)    is subsequently found not to qualify as specified in clause (4) and Article 129;
(c)    is    withdrawn    by    the    political    party which submitted the party list; or
(d)    withdraws from a party list;
more than thirty days before the election date, amend the party list by deleting the name of that person from the party list.

(7)         Where  the  Electoral  Commission  deletes  a person’s name from a party list, in accordance with clause (6), the political party concerned shall submit another name to the Electoral Commission, and the Electoral Commission shall amend the party list to include that name.
(7)          The Electoral Commission shall not amend a party list where an event, specified under clause (6), occurs
less than thirty days before the election date.

Qualifications and disqualifications of Members of Parliament

129.    (1)    Subject to clause (2), a person is eligible to be elected as a Member of Parliament, if that person –
(a)    is a citizen;

(b)    is at least twenty-one years old; (c)    is a registered voter;

(d)    has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent; and
(e)    declares    that    person’s    assets    and

liabilities, as prescribed.

(2)    A person is disqualified from being elected as a Member of Parliament if that person –
(a)        is validly nominated as a candidate in a presidential election;
(b)    is a public officer or Constitutional office holder;
(c)    is a judge or judicial officer;

(d)    has a mental or physical disability that would make the person incapable of performing the legislative function;
(e)    is an undischarged bankrupt;

(f)    is serving a sentence of imprisonment for an offence under a written law;
(g)       has,  in  the  immediate preceding  five years, served a term of imprisonment of at least three years;
(h)    has,  in  the  immediate preceding  five years, been removed from public office on grounds of gross misconduct; or
(i)      holds or is acting in an office, as prescribed,    the   functions   of   which involve    or   are   connected   with  the
conduct of elections.

Nominations for election to National Assembly

130.    (1)    A nomination for election to the National
Assembly,  for  a  constituency-based-seat,  is  valid  if  the candidate –

(a)    has paid a prescribed election fee to the

Electoral Commission; and

(b)    is supported by not less than  fifteen persons registered as voters in the constituency in which the candidate is standing for election.
(2)         A   candidate   appearing   on   a   party   list, submitted to the Electoral Commission in accordance with Article 128, shall pay a prescribed election fee to the Electoral
Commission.

Vacation of office as Member of Parliament

131.      (1)       A Member of Parliament shall,  except the Speaker and the First Deputy Speaker, vacate the seat in the National Assembly upon the dissolution of Parliament.
(2)        The office of Member of Parliament holding a constituency-based-seat becomes vacant if the member –
(a)    resigns  by  notice,  in  writing,  to  the

Speaker;

(b)    becomes  disqualified  for  election  in accordance with Article 129;
(c)    acts contrary to a prescribed code of conduct;
(d)    resigns from the political party which sponsored the member for election to the National Assembly;
(e)    is expelled from the political party which sponsored the member for election to the National Assembly;

(f)    ceases to be a citizen;

(g)    having  been  elected  to  the  National Assembly,  as  an  independent candidate, joins a political party;
(h)    is disqualified as a result of a decision of the Constitutional Court; or
(i)    dies.

(3)    The office of Member of Parliament selected from a party list becomes vacant if the member –
(a)    resigns by notice, in writing,    to the

Speaker;

(b)    is expelled from the political party that has been allocated that seat;
(c)    is disqualified under Article 129;

(d)    acts contrary to a prescribed code of conduct;
(e)    ceases to be a citizen; or

(f)    dies.

(4)   A person who causes a vacancy in the National Assembly due to the reasons specified under clause (2) (a), (b), (c), (d), (g) and (h) shall not, during the term of that Parliament
–

(a)    be eligible to contest an election; or

(b)    hold a public office.

(5)       Where a Member of Parliament is expelled as provided in clauses (2) (e) or (3) (b), the member shall not lose the seat until the expulsion is confirmed by a court, except that, where the member does not challenge the expulsion in court and the period prescribed for challenge lapses, the member shall vacate the seat in the National Assembly.

(6)        Where a court determines that an expulsion of a member, as provided in clauses (2) (e) or (3) (b), was not justified, there shall be no by-election for that seat and the following shall apply:
(a) in the case of a member holding a constituency- based-seat, the member shall opt to –
(i)    remain   a   member   of   the   political party    and   retain  the   constituency- based-seat; or
(ii)    resign  from  the  political  party  and retain that constituency-based-seat as an independent member;
(b) in the case of a member selected from a party list, the member shall continue to hold the seat in the National Assembly.
(7)        Where a court determines that an expulsion of a member, as provided in clauses (2) (e) or (3) (b), was justified, the member shall vacate the seat in the National Assembly.
(8)    If a political party is dissolved, a Member of

Parliament –

(a)    holding a constituency-based-seat shall retain    the  seat  as  an  independent member; and
(b)    selected from the party’s list shall cease to be a member and the seat shall be re- allocated    to  that  political  party  in accordance with the formula specified in Article 127(3) and as prescribed.
(9)        Where  a  vacancy  occurs  in  the  National Assembly for a reason specified in clause (3) or an expulsion is confirmed in accordance with clause (7), the Speaker shall,

within seven days of the occurrence of the vacancy, inform the political party of the vacancy, in writing, and the vacancy shall be filled by the next person on that political party’s list, as prescribed.
(10)       Where  a  vacancy  occurs  in  the  National Assembly for a constituency-based-seat, the Speaker shall, within seven days of the occurrence of the vacancy, inform the Electoral Commission of the vacancy, in writing, and a by-
election shall be held in accordance with Article 84.

Leader of Government Business and Leader of Opposition

Sittings of National
Assembly

132.   (1)    The  President  shall  appoint  a Parliamentary Secretary to be the Leader of Government Business in the National Assembly.
(2)    The  Leader  of  Government  Business in  the

National Assembly shall be an ex-officio member of Cabinet. (3)    The opposition political party with the largest
number of seats in the National Assembly shall elect a Leader of the Opposition from amongst the Members of Parliament who are from the opposition.

Proceedings of National Assembly

133.    (1)    The Speaker shall, within thirty days after a general election, by notice in the Gazette, appoint a date for the first sitting of the National Assembly for that term. (2)    There shall be at least three sittings of the National Assembly in a session of Parliament which shall be held at such times and on such days as the Speaker appoints. (3)    Notwithstanding clause (2), the President, or
two-thirds of the Members of Parliament, may, in writing,

request the Speaker to summon a sitting of the National

Assembly, as prescribed.

Freedom of speech, powers, privileges and immunities

Procedure of
National Assembly

134.     (1)       A Member of Parliament has freedom of speech and debate in the National Assembly and that freedom shall not be ousted or questioned in a court or tribunal.
(2)        A Member of Parliament shall have the powers, privileges and immunities, as  prescribed.

135.     (1)       Subject to this Article and Article 136, the National Assembly shall regulate its own procedure and make Standing Orders for the conduct of its business.
(2)       The proceedings of the National Assembly shall not be invalid due to –
(a)    a vacancy in its membership; or

(b)    the presence or participation of a person not entitled to be present at, or to participate in, the proceedings of the National Assembly.
(3)    There shall preside at a sitting of the National

Assembly –

(a)    the Speaker;

(b)    in the absence of the Speaker, the First

Deputy Speaker;

(c)    in  the  absence  of  the  First  Deputy

Speaker, the Second Deputy Speaker; or (d)    in the absence of the Second Deputy Speaker, another Member of Parliament
as  the  members  may  elect  for  that sitting.

(4)    The  quorum  for  a  meeting  of  the  National

Assembly shall be one-third of the Members of Parliament.

Voting in National Assembly

Committees of National Assembly

Term and prorogation of Parliament

136.     (1)      Except as otherwise provided in this Constitution, a question proposed for decision in the National Assembly shall be determined by a majority of the Members of Parliament present and voting.
(2)    On a question proposed for decision in the

National Assembly –

(a)    the Speaker shall have no vote; and

(b)    in the case of a tie, the question shall be lost.

137.     (1)      The National Assembly may establish parliamentary committees.
(2)        Parliamentary committees shall be established at the first sitting of the National Assembly after a general election and after the election of the Speaker and the Deputy Speakers.
(3)        The  National  Assembly  shall,  in  selecting members of a parliamentary committee, ensure that there is equitable representation of the political parties holding seats in the National Assembly and independent Members of Parliament.
(4)       The Standing Orders shall provide for the categories, functions and procedures of parliamentary committees.

138.     (1)       The  term  of  Parliament shall be  five years  commencing  from  the  date  that  the  Members  of

Parliament are sworn into office after a general election and ending on the date that Parliament is dissolved.
(2)       The National Assembly may, when the Republic is at war, by resolution supported by a simple majority vote of the Members of Parliament, extend the term of Parliament for not more than twelve months at a time.
(3)        Parliament shall stand dissolved ninety days before the holding of the next general election.
(4)       Subject to clauses 5, 6 and 7, the President may dissolve Parliament if the Executive cannot effectively govern the Republic due to the failure of the National Assembly to objectively and reasonably carry out its legislative function.
(5)        Where   the   President   intends   to   dissolve Parliament in accordance with clause (4), the President shall inform the public and refer the matter, within seven days, to the Constitutional Court.
(6)        The Constitutional Court shall hear the matter, referred to it in accordance with clause (5), within seven days of the receipt of the matter.
(7)        The Constitutional Court shall, where it decides that the situation in clause (4) exists, inform the President and the President shall dissolve Parliament.
(8)       Where Parliament is dissolved under clauses (3) and (4), the President shall, until the President-elect assumes office, continue to perform the executive functions, in accordance with Article 102.
(9)        Where Parliament is dissolved under clauses (3) and (4), general elections shall be held within ninety days of the dissolution.

(10)       The President may, due to a state of war, state of public emergency or threatened state of public emergency, after the dissolution of Parliament and before the holding of general elections, recall the National Assembly that was dissolved.
(11)    The President may, in consultation with the

Speaker, prorogue Parliament by proclamation.

Speaker, Deputy Speakers and Officers of National

Assembly

Speaker and Deputy
Speakers of
National Assembly

139.    (1)       The Members of Parliament shall elect, by secret ballot, a Speaker of the National Assembly from a list of names of persons, who are qualified to be elected as Members of Parliament, but are not Members of Parliament, submitted to the National Assembly by –
(a)    the President; and

(b)    political  parties  holding  seats  in  the

National Assembly.

(2)    A person is qualified to be elected as Speaker of the National Assembly if that person –
(a)    is a citizen by birth or descent; (b)    does not have dual citizenship;
(c)    has been ordinarily resident in Zambia; (d)    is at least thirty-five years old;
(e)    has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent;
(f)    declares    that    person’s    assets    and

liabilities, as prescribed;

(g)    has paid that person’s taxes or  made arrangements        satisfactory    to    the appropriate    tax   authority   for   the payment of the taxes; and
(h)    is not a Member of Parliament.

(3)       There shall be two Deputy Speakers of the National Assembly who are not members of the same political party and of the same gender.
(4)       The  Members  of  Parliament  shall  elect,  by secret ballot, the First Deputy Speaker from a list of three names, selected by the political parties represented in the National Assembly, from among persons who are qualified to be elected as Members of Parliament but are not Members of Parliament.
(5)        The  Members  of  Parliament  shall  elect,  by secret ballot, the Second Deputy Speaker from among their number.
(6)    The    Members    of    Parliament    shall    elect    a

Speaker and the Deputy Speakers-

(a)    when the National Assembly first sits after a general election; and
(b)    if    the    office    of    Speaker    or    Deputy

Speaker becomes vacant.

(7)       The office of Speaker or Deputy Speaker shall become vacant if the Speaker or Deputy Speaker–
(a)    becomes disqualified under Article 129 (2);
(b)    resigns  by  notice,  in  writing,  to  the

President;

(c)    is removed  from office in accordance with Article 140; or

(d)    dies.
(8)       When the office of Speaker or Deputy Speaker become vacant, business shall not be transacted in the National Assembly, other than an election to the office of Speaker or Deputy Speaker.

Removal of Speaker on specified grounds

140.     (1)       A Member of Parliament, supported by at least one-third of the Members of Parliament, may move a motion for the removal of the Speaker or a Deputy Speaker, alleging that the Speaker or Deputy Speaker has –
(a)    violated this Constitution;

(b)    a  mental  or  physical  disability  that makes the Speaker or Deputy Speaker incapable of performing the functions of the office of Speaker or Deputy Speaker; or
(c)    committed gross misconduct.

(2)      The motion shall specify the particulars of the allegation.
(3)       Where a motion is supported by a resolution of two-thirds of the Members of Parliament, the Speaker or Deputy Speaker shall be suspended from office and the National Assembly shall refer the matter to a parliamentary committee.
(4)       The  parliamentary committee,  to  which  the matter has been referred to in accordance with clause (3), shall, within seven days of the reference –
(a)    investigate the matter, and the Speaker or Deputy Speaker has the right to appear, be heard and be represented

r

that the particulars of the allegation against the Speaker or

Deputy Speaker –

(a)    are  not  substantiated,  the  National Assembly  shall, on a motion supported by the votes of not less than two-thirds of the Members of Parliament, taken by secret ballot,  resolve that the Speaker or Deputy Speaker –
(i)    did    not    commit    the    violations specified in the motion; and
(ii)    be re-instated; or

(b)    are     substantiated,     the     National Assembly shall, on a motion supported by the votes of not less than two-thirds of the Members of Parliament, taken by secret ballot, resolve that the Speaker or Deputy    Speaker  has  committed  the violations specified in the motion and that the Speaker or Deputy Speaker cease to hold office forthwith.
(6)      Where a resolution is made, in accordance with clause (5) (b), an election of Speaker or Deputy Speaker shall be conducted within seven days of the resolution, in accordance with Article 139.

Clerk of National
Assembly

Officers of National Assembly

Presidential address to National Assembly and presidential messages

141.    (1)    There shall be a Clerk of the National Assembly who shall be appointed by the Parliamentary Service Commission, subject to ratification by the National Assembly. (2)    A person shall not be appointed Clerk of the National  Assembly  unless  that  person  has  the  academic
qualifications, experience and skills prescribed.

(3)    Subject to clause (5), the Clerk of the National

Assembly shall retire on attaining the age of sixty-five years. (4)    The Clerk of the National Assembly may, retire
with full benefits, on attaining the age of sixty years.

(5)        The National Assembly may, by a resolution supported by the votes of not less than two-thirds of the Members of Parliament, remove the Clerk of the National Assembly on the same grounds and procedure that apply to the removal of a judge.
(6)    The Clerk of the National Assembly may resign

from office by three months’ notice, in writing, to the Speaker.

142.     There shall be appointed such officers in the department of the Clerk of the National Assembly, as prescribed.

General Parliamentary Matters

143.     (1)       The President shall, at least twice in every year, attend and address the National Assembly.
(2)        The  President  may  send  a  message  to  the National Assembly which shall be read by the Leader of Government Business or by a Minister designated by the President.

Vote of censure

Right to petition and make comments

144.     (1)       The National Assembly may censure   a Minister or Provincial Minister where the Members of Parliament are dissatisfied with the conduct or performance of the Minister or Provincial Minister.
(2)       The proceedings to censure a Minister or Provincial Minister shall be commenced by a notice of motion, submitted to the Speaker, signed by at least one-third of the Members of Parliament, stating the grounds in support of the motion.
(3)        The Speaker shall, on receipt of the notice of motion submitted in accordance with clause (2), cause a copy of the notice of motion to be given to the Minister or Provincial Minister.
(4)        The notice of motion to censure a Minister or Provincial Minister shall not be debated until after the expiry of seven days from the date the notice of motion is submitted to the Speaker.
(5)        The  National Assembly  may  pass  a  vote  of censure on a Minister or Provincial Minister by resolution supported by two-thirds of the votes of the Members of Parliament.

145.    (1)    A  citizen  may  petition  Parliament  to enact, amend or repeal legislation.
(2)    A  citizen  may  comment  on  a  deliberation, statement or decision of the National Assembly.
(3)    The  manner  of  petitioning and  commenting referred to in this Article shall be prescribed.

Public access
and participation

Principles of judicial authority

146.     (1)       The National Assembly shall facilitate public involvement in the legislative process.
(2)      The National Assembly or a parliamentary committee shall not exclude the public or media from its sittings, unless there are justifiable reasons for the exclusion and the Speaker informs the public or media of the reasons.

PART IX JUDICIARY

Judicial Authority, System of Courts and Independence

147.    (1)       The judicial authority of the Republic derives from the people of Zambia and shall be exercised in a manner that promotes accountability.
(2)       In exercising judicial authority, the courts shall be guided by the following principles:
(a)    justice  shall  be  done  to  all,  without discrimination;
(b)    justice shall not be delayed;

(c)    adequate    compensation    shall    be awarded, where payable;
(d)    alternative forms of dispute resolution, including traditional dispute resolution mechanisms,  shall  be  promoted, subject to clause (3);
(e)    justice shall be  administered without undue    regard       to       procedural technicalities; and

(f)    the   values   and   principles   of   this Constitution    shall  be  protected  and promoted.
(3)    Traditional dispute resolution mechanisms

shall not –

(a)    contravene the Bill of Rights;

(b)    be inconsistent with other provisions of this Constitution or other written law; or
(c)    be repugnant to justice and morality;

Vesting of judicial authority and performance of judicial function

148.     (1)       Judicial authority vests in the courts and shall be exercised by the courts in accordance with this Constitution and other laws.
(2)    The courts shall perform the following judicial

functions:

(a)    hear civil and criminal matters; and

(b)    hear matters relating to, and in respect of, this Constitution.
(3)    Except    as    otherwise    provided    in    this
Constitution,  other  law  or  as  ordered  by  a  court,  the proceedings of a court shall be in public.

System of court

149.    (1)    The    Judiciary    shall    consist    of    the superior courts and the following courts:
(a)       subordinate courts; (b)       small claims courts; (c)       local courts; and
(d)       courts, as prescribed.

(2)    The courts    shall be courts of record, except that local courts shall progressively become courts of record.

(3)    The following matters shall be prescribed:

(a)    processes and procedures of the courts; (b)    jurisdiction, powers and sittings, of the Industrial Relations Court, Commercial
Court, Family Court, Children’s Court and other specialised courts;
(c)     classification and divisions of the subordinate courts;
(d)       classification and divisions of the local courts;
(e)    jurisdiction  and  composition  of subordinate    courts,    small    claims courts,    local    courts    and    other prescribed courts;
(f)        grading of judicial officers and staff of subordinate courts, local courts and other prescribed courts.
(4)       The courts, except the Supreme Court and the Constitutional Court, shall be devolved to the Province and progressively to districts.
(5)       Superior courts shall sit as circuit courts in districts, in accordance with a circuit schedule issued by the
Chief Justice.

Ranking of Supreme and Constitutional Courts

Functional independence of Judiciary

150.    The Supreme Court and Constitutional Court rank equivalently.

151.     (1)       In the exercise of the judicial authority, the Judiciary shall be subject only to this Constitution and the law and not be subject to the control or direction of a person or an authority.

(2)        A person and a person holding a public office shall not interfere with the performance of a judicial function by a judge or judicial officer.
(3)       The Judiciary shall not, in the performance of its administrative functions and management of its financial affairs, be subject to the control or direction of a person or an authority.
(4)       A person  and a person holding a public office shall protect the independence, dignity and effectiveness of the Judiciary.
(5)    The office of a judge or judicial officer shall not

be abolished while there is a substantive holder of the office.

Financial independence of Judiciary

Establishment and composition of Supreme Court

Jurisdiction of
Supreme Court

152.    (1)       The Judiciary shall be a self-accounting institution and shall deal directly with the Ministry responsible for finance in matters relating to its finances.
(2)       The Judiciary shall be adequately funded in a financial year to enable it effectively carry out its functions.

Establishment, Jurisdiction and sittings of

Superior Courts

153.    There is established the Supreme Court which consists of –
(a)    the Chief Justice;

(b)    the Deputy Chief Justice; and

(c)    eleven other judges or a higher number of judges, as prescribed.

154.    (1)    Subject  to  Article  157,  the  Supreme

Court is the final court of appeal.

(2)    The Supreme Court has –

(a)    appellate jurisdiction to hear  appeals from the Court of Appeal; and
(b)    jurisdiction  conferred  on  it  by  other laws.
(3)        The Supreme Court is bound by its decisions, except    in    the    interest    of    justice    and    development    of
jurisprudence.

Sittings of
Supreme Court

Establishment and composition of Constitutional Court

155.     (1)       The Supreme Court shall be constituted by an uneven number of not less than three judges, except when hearing an interlocutory matter.
(2)        The Supreme Court shall be constituted by one judge when hearing an interlocutory matter.
(3)        The full bench of the Supreme Court shall be constituted by an uneven number of not less than five judges.

156.     There is established the Constitutional Court which consists of –
(a)    the    President    of    the    Constitutional

Court;

(b)    the    Deputy    President    of    the

Constitutional Court; and

(c)    eleven other judges or a higher number

of judges, as prescribed.

Jurisdiction of

Court

157.    (1)    The Constitutional Court has original and final jurisdiction to hear –
(a)    a matter relating to the interpretation of this Constitution;
(b)    a  matter  relating  to  a  violation  or contravention of this Constitution;
(c)    a matter relating to the President, Vice- President or an election of a President; and
(d)    whether or not a matter falls within the

jurisdiction of the Constitutional Court.

(2)

Where a question relating to this Constitution

arises in a court, the person presiding in that court shall refer the question to the Constitutional Court.
(3)    A person who alleges that –

(a)    an    Act    of    Parliament    or    statutory instrument;
(b)    an action, measure or decision taken under law; or
(c)    an act, omission, measure    or decision by a person or an authority;
contravenes this Constitution, the person may petition the

Constitutional Court for redress.

(4)    A  decision  of  the  Constitutional Court  is  not appealable to the Supreme Court.

Sittings of Constitutional Court

158.     (1)       The   Constitutional   Court   shall   be constituted by an uneven number of not less than three judges, except when hearing an interlocutory matter.
(2)        The Constitutional Court shall be constituted by one judge when hearing an interlocutory matter.
(3)       The full bench of the Constitutional Court shall be constituted by an uneven number of   not less than five judges.
(4)    The Constitutional Court shall be presided over

by –

(a)    the    President    of    the    Constitutional

Court;

(b)    in the absence of the President of the Constitutional    Court,   the   Deputy- President of the Constitutional Court; and
(c)    in the absence of the Deputy-President of the Constitutional Court, the most senior judge of the Constitutional Court,
as constituted.

Establishment and composition of Court of Appeal

Jurisdiction of
Court of Appeal

159.    There is established the Court of Appeal which consists of such number of judges as prescribed.

160.    (1)    The Court of Appeal has jurisdiction to hear appeals from –
(a)    the High Court;

(b)    other courts, except for matters under the    exclusive    jurisdiction    of    the Constitutional Court; and

(c)    quasi-judicial    bodies,    except    a    local
government elections tribunal.
(2)    An    appeal  from  a  decision  of  the  Court  of
Appeal shall be made to the Supreme Court with leave of the

Court of Appeal.

Sittings of
Court of Appeal

Establishment and composition of
High Court

Jurisdiction of High
Court

161.      (1)       The Court of Appeal shall be constituted by an uneven number of not less than three judges except when hearing an appeal in an interlocutory matter.
(2)        The Court of Appeal shall be constituted by one judge when hearing an interlocutory matter.

162.    (1)       There  is  established  the  High  Court which consists of –
(a)    the Chief Justice, as an ex-officio judge;

and

(b)    such number of judges as prescribed. (2)    There are established, as divisions of the High
Court, the  Industrial  Relations  Court, Commercial Court, Family Court and Children’s Court.
(3)       The Chief Justice may constitute, by statutory instrument, specialised courts of the High Court to hear specific matters.
(4)    The composition of courts specified in clauses

(2) and (3) shall be prescribed.

163.    The High Court has, subject to Article 157 –

(a)    unlimited and  original jurisdiction in civil and criminal matters;
(b)    appellate and supervisory jurisdiction, as prescribed; and

(c)    jurisdiction    to    review    decisions,    as

prescribed.

Sittings of
High Court

Chief Justice

164.     The High Court shall be constituted by one judge or such other number of judges as the Chief Justice may determine.

Chief Justice and other Judges

165.    (1)    There shall be a Chief Justice who is the head of the Judiciary.
(2) The Chief Justice shall
–

(a)    be responsible for the    administration of the Judiciary;
(b)    ensure that a judge and judicial officer perform    the   judicial   function   with dignity, propriety and integrity;
(c)    establish procedures to ensure that a judge and judicial officer independently exercise    judicial      authority      in accordance with the law;
(d)    ensure that a judge and judicial officer perform the judicial function without fear, favour or bias; and
(e)    make    rules    and    give    directions necessary for the efficient and effective administration of the Judiciary.

Deputy Chief
Justice

166. (1)    There shall be a Deputy Chief Justice who shall

–

(a)    perform  the  functions  of  the  Chief Justice,    when  the  Chief  Justice  is absent or there is a vacancy in the office of Chief Justice;
(b)    assist   the    Chief   Justice    in    the administration of the Judiciary; and
(c)    perform the functions assigned by the

Chief Justice.

(2)    The  President  shall,  in  consultation  with  the

Judicial Service Commission, designate a judge of the Supreme Court to perform the functions of the Deputy Chief Justice where –
(a)    the office of the Deputy Chief Justice is vacant;
(b)    the Deputy Chief Justice is acting as

Chief Justice; or
(c)    the Deputy Chief Justice is for a reason unable to perform the functions of that office.

President of Constitutional Court

Deputy President of Constitutional Court

167.    (1)       There shall be a President of the Constitutional Court who is the head of the Constitutional Court.
(2)        The President of the Constitutional Court shall be responsible for the administration of the Constitutional Court under the direction of the Chief Justice.

168.    (1)    There shall be a Deputy President of the

Constitutional Court who shall –

119

(a)    perform the functions of the President of the    Constitutional  Court,  when  the President of the Constitutional Court is absent or there is a vacancy in the office of President of the Constitutional Court;
(b)    assist      the      President      of      the Constitutional        Court       in       the administration    of  the  Constitutional Court; and
(c)    perform the  functions assigned by the

President of the Constitutional Court. (2)    The President shall, in consultation with the
Judicial Service Commission, designate a judge of the Constitutional Court to perform the functions of the Deputy President of the Constitutional Court where –
(a)    the office of the Deputy President of the

Constitutional Court is vacant;

(b)    the     Deputy     President     of     the Constitutional    Court   is   acting   as President of the Constitutional Court; or
(c)    the     Deputy     President     of     the Constitutional Court is for a reason unable to perform the functions of that
office.

Appointment of judges

169.     The President shall, on the recommendation of the Judicial Service Commission and subject to ratification by the National Assembly, appoint the –
(a)    Chief Justice;

(b)    Deputy Chief Justice;

(c)    President of the Constitutional Court;

Qualification for appointment as judge

judge pract

(2)    A person appointed as judge to a specialised

court shall have the relevant expertise, as prescribed.

Tenure of office of judge

171.    (1)    A    judge    shall    retire    from    office    on attaining the age of seventy years.
(2)    A  judge  may  retire,  with  full  benefits,  on attaining the age of sixty-five years.
(3)     The Chief Justice and President of the Constitutional Court shall hold office for not more than ten years and may, thereafter, continue as a judge of the Supreme Court or Constitutional Court, subject to clause (1).
(4)      A judge who has retired is not eligible for appointment as a judge.
(5)    A judge may resign from the office of judge by notice in writing to the President.

(6)        Where a judge is appointed or assigned to an office which is not an office in the judiciary and   that   judge wishes to take up the appointment, the judge shall resign from
the office of judge.

Removal of judge from office

Procedure for removal of judge

172.     A judge shall be removed from office on the following grounds:
(a)    a  mental  or  physical  disability  that makes the judge incapable of performing judicial functions;
(b)    incompetence;

(c)    gross misconduct; or

(d)    bankruptcy.

173.     (1)       The removal of a judge may be initiated by the Judicial Complaints Commission or by a complaint made to the Judicial Complaints Commission, based on the grounds specified in Article 172.
(2)       The  Judicial  Complaints  Commission  shall, where it decides that a prima facie case has been established against a judge, submit a report to the President.
(3)      The President shall, within seven days after receiving the report, submitted in accordance with clause (2), suspend the judge from office and inform the Judicial Complaints Commission of the suspension.
(4)       The  Judicial  Complaints  Commission  shall, within thirty days of the judge being suspended from office, in accordance with clause (3) –
(a)    hear the matter against the judge on the grounds specified in Article 172 (b), (c) and (d); or

(b)    constitute    a    medical    board,    in consultation with the body responsible for regulating health practitioners, to inquire into the matter against the judge based on the ground specified in Article
172(a).

(5)      Where the Judicial Complaints Commission, decides that an allegation based on a ground specified in Article 172(b), (c) and (d) is –
(a)    not     substantiated,     the     Judicial Complaints    Commission           shall recommend, to the President, the revocation  of  the  judge’s  suspension and the President shall immediately revoke the suspension; or
(b)    substantiated, the Judicial Complaints Commission     shall recommend, to the President, the removal of the judge from office    and     the     President     shall immediately    remove  the  judge  from office.
(6)       The proceedings under clause (4)(a) shall be held in camera and the judge is entitled to appear, be heard and be represented by a legal practitioner or other person chosen by the judge.
(7)        The medical board, constituted in accordance with clause (4) (b), shall consist of not less than three registered health practitioners.
(8)        The medical board shall, within thirty days of being  constituted,  examine  the  judge  and  report  to  the

Judicial Complaints Commission on the judge’s capacity to perform the judicial functions.
(9)    Where the medical board recommends to the

Judicial Complaints Commission that the judge is –

(a) physically or mentally capable of performing the judicial functions, the   Judicial Complaints     Commission           shall recommend    to   the   President    the revocation  of  the  judge’s  suspension and the President shall immediately revoke the suspension; or
(b)    not physically or mentally capable of performing the judicial functions, the Judicial Complaints Commission shall recommend to the President the removal of    the   judge   from   office   and   the President shall immediately remove the judge from office.
(10)       A   judge   who   refuses   to   submit   to   an examination, in accordance with clause (8), shall immediately be removed from office by the President.

Judicial Officers and Chief Administrator

Appointment, retirement and removal of judicial officers

174.    (1)    The Judicial Service Commission shall appoint judicial officers, as prescribed.
(2)    The qualification for appointment as judicial officer shall be prescribed.
(3)    A judicial officer shall retire on attaining the age of sixty five years.

(4)    A judicial officer may retire, with full benefits,

on attaining the age of fifty-five years.

Chief Administrator of Judiciary

System of devolved governance

175.     (1)       There shall be a Chief Administrator for the Judiciary who shall be appointed by the Judicial Service Commission.
(2)    The functions and qualifications of the Chief

Administrator for the Judiciary shall be prescribed.

PART X

GENERAL PRINCIPLES OF DEVOLVED GOVERNANCE System of Devolved Governance
176.    (1)    The management and administration of

the political, social, legal and economic affairs of the State shall be devolved from the national government level to the local government level.
(2)         The concurrent and exclusive functions of the national, provincial and local government levels are as listed in the Annex and as prescribed.
(3)          The different levels of government shall observe and adhere to the following principles:
(a)    good governance, through democratic, effective    and    coherent    governance systems and institutions;
(b)    respect      for      the      constitutional jurisdiction of each level of government;
(c)    autonomy of the sub-structures; and

(d)    equitable distribution and application of national    resources    to    the    sub- structures.

Sub-structures of local government

Conflict between national and provincial legislation

177.       (1)      Local governance shall be undertaken through sub-structures.
(2)         The  Government  shall  provide  adequate resources for the performance of the functions of the sub- structures.

178.       (1)       Where   there   is   a  conflict  between national and provincial legislation, national legislation prevails over provincial legislation if the national legislation –
(a)    applies uniformly throughout Zambia; (b)    is  aimed  at  preventing  unreasonable
action by the provincial administration or local authority which –
(i)    is prejudicial to the public interest, economic, health or security interest of Zambia or of another provincial administration or local authority; or
(ii)    impedes   the   implementation  of national policy; or
(c)     provides for a matter that cannot be regulated    effectively    by    provincial legislation; and
(d)    is necessary for the –

(i)    maintenance of national security; (ii)    maintenance of economic unity;
(iii) protection of a common market with respect to the mobility of goods, services, capital and labour; or
(iv) protection of the environment.

(2)    In    considering    an    apparent    conflict    of legislation,  the  Constitutional  Court  shall  interpret  the legislation in a manner that avoids conflict or inconsistency. (3)    A decision by the Constitutional Court that a provision of national legislation prevails over a provision of provincial  legislation  does  not  invalidate  the  provincial legislation but the provision is inoperative to the extent of the
inconsistency.

PART XI

PROVINCES, DISTRICTS, WARDS AND PROVINCIAL ADMINISTRATION

Provinces, Districts and Wards

Provinces, districts and wards

179.     (1)       The  President  may,  subject  to  the approval of the National Assembly, create or divide a Province or merge two or more Provinces, as prescribed.
(2)    A Province shall consist of such number of districts, as prescribed.
(3)        A  district  shall  consist  of  such  number  of wards, as prescribed.
(4)        A Province, district and ward shall be delimited, as prescribed.
(5)        Without prejudice to clause (1), sixty percent or more of the registered voters in a Province may petition the
President to –

(a)    merge a Province with another Province;

or

(b)    divide  a  Province  into  two  or  more

Provinces.

(6)        Where the President receives a petition under clause (5), and after due inquiry, the President may, by statutory order, declare the merger of the Province with another Province or the division of the Province into two or more Provinces, subject to ratification by the National Assembly.
(7)       Where the National Assembly ratifies the establishment of a new Province under this Article, the Electoral Commission shall delineate the boundaries of the Province created.

Provincial Administration

Provincial administration

Provincial assemblies

180.    (1)    There  shall  be  established  for  each

Province an administrative secretariat, which shall consist of–

(a)    a Provincial Minister;

(b)    a provincial Permanent Secretary; and

(c)    other staff, as prescribed.

(2)      The provincial secretariat shall have overall responsibility of the Province and perform other functions as prescribed.

Provincial Assemblies

181.    (1)       There  shall  be  established,  in  each Province, a provincial assembly consisting of the following members:

(a)    the Members of Parliament from within the Province;

(b)      the mayors or council chairpersons of councils in the Province;
(c)    three chiefs representing chiefs in the

Province;

(d)       three representatives of an organisation representing persons in commerce and industry, operating in the Province;
(e)       three representatives of an organisation representing farmers, operating in the Province;
(f)      three representatives of faith-based organisations,  operating  in  the Province;
(g)        two representatives from organisations representing women, operating in the Province;
(h)       two representatives from organisations representing the youth, operating in the Province;
(i)        two representatives from organisations representing persons with disabilities, operating in the Province; and
(j)        two representatives from organisations representing older members of society, operating in the Province.
(2)       A person representing an organisation referred to in clause (1) (d), (e), (f), (g), (h), (i) and (j) is qualified to be elected a member of a provincial assembly if that person–
(a)    is a citizen by birth or descent;

(b)    has been ordinarily resident in Zambia; (c)    is at least twenty-one years old;

(d)    has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent;
(e)    declares    that    person’s    assets    and

liabilities, as prescribed;

(f)    has  paid  that  person’s  taxes  or  has made arrangements satisfactory to the appropriate    tax   authority   for   the payment of the taxes;
(g)    does  not  have  a  mental  or  physical disability that would make the person incapable of performing the function of office;
(h)    is not an undischarged bankrupt;

(i)     is  not  serving  a  sentence  of imprisonment for an offence under any law; and
(j)    has not, in the immediate preceding five years, served a term of imprisonment of at least three years.
(3)        The term of a provincial assembly is five years commencing from the date Members of Parliament are sworn into office after a general election and ending on the date
Parliament is dissolved.

Functions and procedures of provincial assembly

182.    (1)      A provincial assembly is vested with legislative authority over the exclusive functions of a local authority in the Province and the concurrent functions of the Province, as listed in the Annex.
(2)        A provincial assembly shall enact legislation for the governance of the Province and sub-structures in the

Province through local Bills passed by the provincial assembly and assented to by the –
(a)    Provincial Minister, in the case of the exclusive functions of a local authority; and
(b)    President, in the case of the concurrent functions of the Province.
(3)    Article 123 applies to the assent of local Bills. (4)    A provincial assembly shall –
(a)       approve   socio-economic  development plans for the Province before these are submitted to the national Government;
(b)       monitor the utilisation of resources and implementation    of       development programmes in the Province;
(c)       ensure that local taxes imposed by local authorities    do   not   impede   trade, communication and transport services in the Province;
(d)      oversee the financial accountability of the provincial secretariat and   local authorities and make a report to the National Assembly;
(e)      approve the budget of the provincial secretariat and local authorities in the Province;
(f)      oversee  the  performance  of  local authorities and, where necessary, take action in accordance with Article 187; and
(g)    perform other functions, as prescribed.

(5)    Articles 133 (1) and (2), 134, 135, 136, 137 and

138 (1), (2) and (3) apply to the proceedings of a provincial assembly.
(6)        A provincial assembly shall sit during periods when the National Assembly is in recess.
(7)        Notwithstanding   clause   (5),   a   provincial minister or two-thirds of the members of a provincial assembly may, in writing, request the provincial speaker to summon a
sitting of the provincial assembly, as prescribed.

Provincial Local Acts and words of enactment

Retrospective legislation

183.     Legislation enacted  by  provincial assemblies shall be styled “Provincial Local Acts” and the words of enactment shall be “Enacted by the Provincial Assembly of (insert name of Province)”.

184.    (1)    A provincial assembly shall not enact legislation that-
(a)    criminalises an act or omission which, at the time it took place, was not   an offence; or
(b)    imposes a penalty which is more severe than the penalty that might have been imposed at the time the offence was committed.
(2)         A  provincial assembly  may  enact  legislation with retrospective effect, but shall not enact legislation which operates retrospectively to impose a limitation, burden, liability or an obligation on, or adversely affects the rights and freedoms of, a person.

Provincial speaker and deputy provincial speaker

185.     (1)       There shall be a provincial speaker and deputy provincial speaker for each provincial assembly who shall be elected by the members of a provincial assembly from amongst themselves.
(2)   A provincial speaker and deputy provincial speaker shall be elected by secret ballot.
(3)        A  person  is  not  eligible  for  election  as  a provincial speaker or deputy provincial speaker if the person is a holder of a public office.
(4)        Where a provincial speaker or deputy provincial speaker is elected from persons referred to in Article 181 (1) (d), (e), (f), (g), (h), (i) or (j), the relevant organisation shall elect another person to be the representative of that organisation.
(5)           The office of provincial speaker or deputy provincial speaker becomes vacant –
(a)    when  a  provincial assembly first sits after a general election and after the election    of  a  speaker   and  deputy- speaker;
(b)    if  a  provincial  speaker  or     deputy provincial    speaker  is  removed  from office, as prescribed, by a provincial assembly on the recommendation of a select    committee,   on   the   following grounds:
(i)    violation    of    a    provision    of    this

Constitution;

(ii)    a mental   or physical   disability that makes the provincial speaker or    deputy    provincial    speaker

incapable    of    performing    the functions  of office; or
(iii)    gross misconduct;

(c)    if   a   provincial   speaker   or   deputy provincial speaker dies; or
(d)    if   a   provincial   speaker   or   deputy provincial speaker resigns from office, by notice, in writing, to the Provincial Minister.
(6)       When  the  offices  of  provincial  speaker  and deputy provincial speaker become vacant, business shall not be transacted in a provincial assembly, other than an election
to the office of provincial speaker or deputy provincial speaker.

Staff of provincial assemblies

Reserved power over non- performing local authorities

186.     There shall be a provincial assembly clerk for each provincial assembly and other staff appointed by the Parliamentary Service Commission.

187.    (1)    A provincial assembly shall appoint an administrator to assume the functions of a local authority where –

(a)    the local authority requests and it is in the local authority’s interest to do so;
(b)    a  local  authority  has  failed  to  meet established    minimum  standards   for rendering of services in the district;
(c)       it  is  prudent  to  prevent  the  local authority from taking action that is prejudicial to the  interests of another local authority or to the Province as a whole; or

(e)    it is necessary to maintain the economic or sovereign unity of the Republic.
(2)        Where a provincial assembly intends to appoint an administrator to assume the functions of a local authority under clause (1), it shall –
(a)    notify the Minister responsible for local government;
(b)        notify the local authority of the reasons for    its     intention     to   appoint   an administrator to assume the functions of the local authority; and
(c)    issue a directive to the local authority stating the remedial action required in order to prevent the appointment of an administrator    from    assuming    its functions.
(3)        Where  a  local  authority  fails  to  carry  out remedial action, as required under clause 2 (c), a provincial assembly shall appoint an administrator to perform the functions of the local authority and elections to elect other councillors shall be held within ninety days of the appointment of the administrator.
(4)        Councillors elected in accordance with clause (3) shall hold office for the unexpired term of that local authority.
(5)         An  administrator,  appointed  in  accordance with clause (3), shall perform the functions of a local authority,  as prescribed.
(6)       A person may, within seven days of the appointment of an administrator, in accordance with clause

(3),    file  an  application before  the    Constitutional Court challenging the appointment.

PART XII
LOCAL GOVERNMENT

System of Local Government

System of local government

188.    (1)    There is established a local government system where –
(a)    functions,        responsibilities       and resources    from       the       national Government        and          provincial administration are transferred to the local    authorities   in   a   co-ordinated manner;
(b)    the people’s participation in democratic governance is promoted;
(c)    co-operative    governance    with    the national    Government,      provincial administration,    provincial assembly, and local authorities is promoted to support and enhance the developmental role of local government;
(d)    the  capacity  of  local  authorities  to initiate,    plan,  manage   and   execute policies in respect of matters that affect the    people   within   their   respective districts is enhanced;
(e)    social, spatial, financial  and economic planning, at the district level, is developed, prioritised and promoted;

(f)    a sound financial base is established for each local authority with reliable and predictable sources of revenue;
(g)    the performance of persons employed by the national Government and provincial administration    to provide services in the sub-structures is overseen by local authorities;
(h)    the provision of Government services is monitored    and       projects       are implemented in sub-structures;
(i)    accountability  of  local  authorities  is ensured; and
(j)    the right of local authorities to manage their  affairs and to form partnerships, networks and associations to assist in the    management  of  their  respective districts and further their development is recognised.
(2)    The local government system shall –

(a)    be  based  on  democratically  elected councils;
(b)    promote  democratic  and  accountable exercise of power;
(c)    foster national unity;

(d)       ensure  that  services  are  provided  to sub-structures in an equitable and sustainable manner;
(e)   promote  social  and  economic development;

(f)      promote a clean, safe and healthy environment; and
(g)   encourage  the  involvement  of communities        and        community organisations    in   matters   of   local
government.

Local authorities

administration and the provincial assembly shall not interfere with or compromise a local authority’s ability or right to perform its functions.
(3)    There    shall    be    a    council    for    each    local authority.
(4)    There    shall    be    a    Town    Clerk    or    Council
Secretary for each local authority and other staff of the local authority, as prescribed.

Election of councillors, composition of councils and tenure

190.   (1)     A  councillor  shall  be  elected  in accordance with Article 74(4) by registered voters resident within the district.
(2)       A   council   shall   consist   of   the   following councillors:

(a)    persons    elected    in    accordance    with
clause (1);
(b)    a mayor or council chairperson elected
in accordance with Article 191; and
(c)    not more than three chiefs representing
chiefs  in  the  district,  elected  by  the
chiefs in the district.
(3)    Th    e system of electing chiefs specified in clause
(2) (b) shall be prescribed.
(4)        A person qualifies to be elected as a councillor, excluding councillors specified under clause (2) (b), if that person –

(a)    is not a Member of Parliament;

(b)    is not less than nineteen years of age;

(c)       has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent;
(d)       is a citizen or a holder of a resident permit, resident in the district; and
(e)    has a certificate of clearance showing the    payment of council taxes, where applicable.
(5)    A council may invite a person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of the council but that person shall have no vote. (6)    The  term  of  a  council  shall  be  five  years commencing from the date the councillors are sworn into office  after  a  general  election  and  ending  on  the  date
Parliament is dissolved.

Mayor, deputy mayor, council chairperson and deputy council chairperson

191.    (1)       There  shall  be  a  mayor  and  deputy mayor or council chairperson and deputy council chairperson for every council, as prescribed.
(2)    A  mayor  and  council  chairperson  shall  be

elected –

(a)    directly, in accordance with Article 74 (4) during elections for councillors, as prescribed; and
(b)    for a term of five years and may be re- elected for one further term of five years.

(3)       A   deputy   mayor   and   a   deputy   council chairperson shall be elected by the councillors from amongst themselves.

Conduct of councillor

Accountability of councillors

Vacation of office of councillor and vacancies

192.     A councillor shall act in a manner that is consistent with a councillor’s civic duties and responsibilities, as prescribed.

193.     Councillors  shall  be  collectively  and individually accountable to the national Government, a provincial assembly and residents in their wards and districts, for the performance of their functions.

194.      (1)       A  councillor  shall  vacate  office  on dissolution of a council.
(2)    The office of councillor becomes vacant if –

(a)    the councillor ceases to be a resident of the district;

(b)    the councillor resigns by one month’s notice, in writing, to the mayor or council chairperson;
(c)    the councillor  becomes disqualified for election under Article 190;
(d)    the   result  of  an   election  for  that councillor    is   nullified   by   a   local government        elections        tribunal established in accordance with Article
196;

(e)    the councillor acts contrary to the code of ethics provided for in Article 192;
(f)    the councillor has a mental or physical disability    that  makes  the  councillor incapable of performing the functions of councillor; or
(g)    the councillor dies.
(3)     Where a councillor resigns in accordance with clause (2) (b), (c), (d) and (e) the councillor shall not be eligible for re- election as councillor for the duration of the term of that council.

By-election for council

195.    (1)    Where a vacancy occurs in the office of mayor, council chairperson or councilor –
(a)    the Town Clerk or Council Secretary of the local authority shall, within seven days of the occurrence of the vacancy, inform the Electoral Commission, in writing, of the vacancy; and
(b)    a by-election shall be held in accordance with Article 84.

(2)       If a person is elected to the office of mayor, council chairperson or councillor, in a by-election, that mayor, council chairperson or councillor shall serve for the unexpired term of the council and be deemed –
(a)      to have served a full term as mayor, council chairperson or councillor if, at the    date   on   which   the   councillor assumed office, more than three years remain before the date of the next general election; or
(b)      not to have served a term of office as mayor,    council     chairperson     or councillor, if, at the date on which the councillor assumed office, less than three years remain before the date of the
next general election.

Local government elections tribunal and petitions

196.    (1)        The Chief Justice shall establish such number of ad hoc local government elections tribunals as are necessary to hear whether –
(a)    a person has been validly elected as a councillor; or
(b)    the office of a councillor has become vacant.
(2)        A local government elections tribunal shall be presided over by a magistrate of competent jurisdiction sitting with two legal practitioners, appointed by the Chief Justice.
(3)         A person may file an election petition with a local government elections tribunal to challenge the election of a councillor.

(4)        An election petition shall be heard within thirty days of the filing of the petition.
(5)       A person may appeal a decision of a local government elections tribunal to the Constitutional Court.
(6)        A councillor whose election is petitioned shall hold the seat in the council pending the determination of the election petition.
(7)       The Chief Justice shall make rules for the functions, composition, appointment of members, tenure of office of members, procedures  and  jurisdiction of  a  local
government elections tribunal.

Enforcement of judgment against local authority

Revenue of local authorities

Constituency Development Fund

Local Government Equalisation Fund and funds for local authorities

197.    A person who obtains a judgment against a local authority may, after one year of the delivery of the judgment, enforce the judgment against the local authority.

198.     A local authority is competent to levy, impose, recover and retain local taxes, as prescribed.

199.    (1)    There    is    established    the    Constituency

Development Fund.

(2)      The  appropriation  of  monies  to  the Constituency Development Fund and the management, disbursement, utilisation and accountability of the Constituency Development Fund shall be prescribed.

200.    (1)    There    is    established    the    Local

Government Equalisation Fund.

(2)       Parliament shall annually appropriate monies to the Local Government Equalisation Fund which shall be

disbursed by the Ministry responsible for finance to local authorities.
(3)    The Government may provide additional funds

and grants to a local authority, as prescribed.

Legislation on local authorities

Institution of chieftaincy and traditional institutions

Status of institution of chieftaincy

201.    The following shall be prescribed:

(a)    regulation of local authorities;

(b)    sub-structures and their relationships; (c)    financial control and accountability of a
local authority;

(d)    raising  of  loans,  grants  and  other financial    instruments      by      local authorities;
(e)    election of councillors;

(f)    initiation of local Bills; and

(g)    the effective implementation of this Part.

PART XIII
CHIEFTAINCY AND HOUSE OF CHIEFS

202.   (1) The institution of chieftaincy and traditional institutions are guaranteed and shall exist in accordance with the culture, customs and traditions of the people to whom they apply.
(2)    Parliament shall not enact legislation which – (a)    confers on a person or authority the
right    to    recognise    or    withdraw    the recognition of a chief; or
(b)    derogates from the honour and dignity of the institution of chieftaincy.

203.    The institution of chieftaincy –

(a)    is  a  corporation  sole  with  perpetual succession and capacity to sue and be sued; and
(b)    has capacity to hold property in trust for

its subjects.

Rights and privileges of chiefs

Participation of chiefs in public affairs

House of Chiefs and functions

204.    A chief –

(a)    may    own    property    in    a    personal capacity; and
(b)    shall enjoy privileges and benefits –

(i)    bestowed on the office of chief by or under    culture,    custom     and tradition; and
(ii)    attached to the office of chief, as prescribed.

205.   (1)          Subject to clause (2), a chief may seek and hold a public office.
(2)          A chief who seeks to hold office in a political party or election or appointment to a State office, except that of councillor and provincial assembly member, shall abdicate the chief’s throne.
(3)         The role of a chief in the management, control and sharing of natural and other resources in the Chiefdom shall be prescribed.

206.    (1)    There is established a House of Chiefs. (2)    The House of Chiefs shall consist of five chiefs
from each province, elected by the chiefs in a Province, as prescribed.

(3)         The  members  of  the  House  of  Chiefs  shall annually elect a Chairperson and Vice-Chairperson of the House of Chiefs, from amongst themselves.
(4)         Notwithstanding clause (3), the assumption of office as Chairperson and Vice-Chairperson of the House of Chiefs shall rotate annually amongst the chiefs from each province.
(5)    The functions of the House of Chiefs are to –

(a)    consider and discuss a Bill relating to custom or tradition referred to it by the President, before the Bill is introduced into the National Assembly;
(b)    initiate,       discuss       and       make recommendations    to    a    provincial assembly and the National Assembly regarding socio-economic development in the Province;
(c)    initiate, discuss and decide on matters relating to customary law and practice;
(d)    initiate,       discuss       and       make recommendations to a local authority regarding the welfare of communities in a local authority;
(e)    make proposals on  areas in customary law that require codification;
(f)    advise the Government on traditional and customary matters; and
(g)    perform other functions as prescribed.

Tenure of office and vacancy

207.    (1)    A Member of the House of Chiefs –

(a)    shall hold office for a term of five years and is eligible for election for a further term of five years; and
(b)    may resign by one month’s notice, in writing, to the Chairperson.
(2)    The office of a member of the House of Chiefs becomes vacant if the Chief –
(a)    dies;

(b)    ceases to be a chief; (c)    resigns;
(d)    is convicted of an offence;

(e)    is an undischarged bankrupt; or
(f)    has a mental or physical disability that makes the chief incapable of performing the functions of a member of the House of Chiefs.

Staff of House of
Chiefs

Legislation on
House of Chiefs

208.    (1)    There shall be a Clerk of the House of

Chiefs and other staff, as prescribed.

(2)       The office of the Clerk of the House of Chiefs and other staff of the House of Chiefs are offices in the public service.

209.    The following matters shall be prescribed:

(a)    the  procedures  and  processes  of  the

House of Chiefs;

(b)    the emoluments of the Clerk and other staff of the House of Chiefs;
(c)      the application of the privileges and immunities of a Member of Parliament to a member of the House of Chiefs; and

(d)    other matters necessary for the better carrying out of the purposes of this Part.

PART XIV PUBLIC SERVICE

Values and Principles

Values and principles of public service

210.    (1)    The guiding values and principles of the public service include the following:
(a)    maintenance  and  promotion  of  the highest standards of professional ethics and integrity;
(b)    promotion  of  efficient,  effective  and economic use of national resources;
(c)    effective, impartial, fair and equitable provision of public services;
(d)    encouragement of people to participate in the process of policy making;
(e)    prompt, efficient and timely response to

people’s needs;

(f)    commitment to the implementation of public policy and programmes;
(g)    accountability for administrative acts; (h)    proactively  providing  the  public  with
timely,    accessible    and    accurate information;
(i)    merit as the basis of appointment and promotion;
(j)    adequate  and  equal  opportunities  for appointments,    training          and

advancement   of members of both gender and members of all ethnic groups; and
(k)    representation     of     persons     with disabilities in the composition of the public service at all levels.
(2)    The values and principles specified in clause (1)

apply to service –

(a)    at    national,   provincial   and    local government levels; and
(b)    to    all    State    organs    and    State institutions.
(3)    A public officer shall not be –

(a)    victimised or discriminated against for having        performed  functions  in  good faith    in     accordance     with     this Constitution or other law; or
(b)    removed from office, reduced in rank or otherwise punished without just cause and due process.

Constituting Offices for Public Service

Constituting offices for public service

211.      (1)       The power to constitute offices for the public service and to abolish those offices vests in the President.
(2)         The President’s powers, as specified in clause (1), shall be exercised by the relevant Service Commission, as prescribed.

Holding of office in public service

Attorney-General

212.     For the purposes of this Constitution, a person shall not be considered as holding an office in the public service by reason only that the person is in receipt of emoluments in respect of service under or for the Government.

Constitutional Office Holders

213.    (1)      There shall be an Attorney-General, who shall be appointed by the President, subject to ratification by the National Assembly.
(2)         The Attorney-General shall not hold another public office.
(3)         The   Attorney-General   shall   be   a   person qualified to be appointed as a judge.
(4)    The Attorney-General shall not be subject to the direction or control of a person or an authority in the performance of the Attorney-General’s functions.
(5)         The Attorney-General is the chief legal adviser to the Government and shall –
(a)    be    head    of    the    Attorney-General’s

Chambers;

(b)    sign Government Bills to be presented to the National Assembly;
(c)    represent   the   Government   in   civil proceedings to which Government is a party;
(d)    give advice on an agreement, treaty or convention    to    which    Government intends to become a party or in respect of    which   the   Government   has   an

interest before they are concluded, except where the National Assembly otherwise directs, and subject to conditions as prescribed; and
(e)        perform other functions, as prescribed. (6)    The    Attorney-General’s    Chambers    shall    be
devolved to the Provinces and progressively to districts.

Vacancy in office of
Attorney-General

Solicitor-General

214.    (1)    The    office    of    the    Attorney-General becomes vacant if –
(a)    the Attorney-General is removed from office by the President;
(b)    another person assumes    the office of

President;

(c)    the Attorney-General dies; or

(d)    the Attorney-General has a mental or physical    disability   that   makes   the Attorney-General incapable of performing the functions of that office.
(2)    The Attorney-General may resign from office by

three months’ notice, in writing, to the President.

215.    (1)   There shall be a Solicitor-General who shall be appointed by the President, subject to ratification by the National Assembly.
(2)   A person qualifies for appointment as Solicitor- General if that person is qualified for appointment as a judge.
(3)    The Solicitor-General shall not hold another, public office.

if –

(4)    The office of Solicitor-General becomes vacant

(a)    the Solicitor-General is removed from office by the President;
(b)    another person assumes    the office of

President;

(c)    the Solicitor-General dies; or

(d)    the Solicitor-General has a mental or physical    disability   that   makes   the Solicitor-General incapable of performing the functions of that office.
(5)    The    Solicitor-General    shall    assist    the

Attorney-General  in  the  performance  of  the  Attorney-

General’s functions.

(6)   A function conferred on the Attorney-General by this Constitution or other law shall be performed by the Solicitor-General when the Attorney-General is unable to act owing to illness or absence from office for a reason.
(7)    The Solicitor-General may resign from office

by three months’ notice, in writing, to the President.

Director of Public Prosecutions

216.  (1)     There shall be a Director of Public Prosecutions who shall be appointed by the President, subject to ratification by the National Assembly.
(2)       A person qualifies for appointment as Director of Public Prosecutions if that person –
(a)    has experience in undertaking criminal trials; and
(b)    is qualified to be appointed as a judge.

(3)         The Director of Public Prosecutions is the chief prosecutor for the Government and head of the National Prosecutions Authority.
(4)    The Director of Public Prosecutions may –

(a)    institute    and    undertake    criminal proceedings against a person before a court, other than a court-martial, for an offence alleged to have been committed by that person;
(b)    take   over   and    continue   criminal proceedings instituted or undertaken by another person or authority; and
(c)    discontinue,    at   any    stage    before judgment    is     delivered,     criminal proceedings instituted or undertaken by the Director of Public Prosecutions or another person or authority.
(5)         For the purposes of clause (4), an appeal from a judgment, a case stated or to a question of law reserved shall be part of the criminal proceedings.
(6)         The power conferred on the Director of Public Prosecutions under clause (4)(c) shall not be exercised in relation to an appeal by a convicted person, a case stated or a question of law reserved at the instance of that person.
(7)       The Director of Public Prosecutions shall not be subject to the direction or control of a person or an authority in the performance of the functions of that office, except that the Director of Public Prosecutions shall have regard to the public interest, administration of justice, the integrity of the judicial system and the need to prevent and avoid abuse of the legal process.

(8)    The functions of the Director of Public Prosecutions may be exercised in person or by a public officer or legal practitioner, authorised by the Director of Public Prosecutions, acting under the general or special instructions of the Director of Public Prosecutions.
(9)    The National Prosecutions Authority shall be established as prescribed and shall devolve to the provinces
and progressively to the districts.

Performance of functions of Director of Public Prosecutions during absence, illness or other cause

Tenure of office of Director of Public Prosecutions

Secretary to
Cabinet

217.     Where the Director of Public Prosecutions is absent from Zambia or is unable to perform the functions of office due to illness or other cause, the President shall appoint a person qualified to perform the functions of Director of Public Prosecutions to perform those functions until that appointment is revoked or until the Director of Public Prosecutions returns to office.

218.    (1)       Subject to this Article, the Director of Public Prosecutions shall retire from office on attaining the age of sixty years.
(2)       The Director of Public Prosecutions may retire, with full benefits, on attaining the age of fifty-five years.
(3)      The Director of Public Prosecutions may be removed from office on the same grounds and procedure as apply to a judge.
(4)       The Director of Public Prosecutions may resign from office by three months’ notice, in writing, to the President.

219.    (1)    There    shall    be    a    Secretary    to    the

Cabinet    who    shall    be    appointed    by    the    President,    in

consultation with the Civil Service Commission, subject to ratification by the National Assembly.
(2)    The Secretary to the Cabinet shall –

(a)    be chief advisor to the President on the management of the public service;
(b)    be the head of the public service and responsible to the President for securing the general efficiency and effectiveness of the public service;
(c)    ensure that public services are delivered to the public efficiently;
(d)    in accordance with instructions of the

President–

(j)    arrange the affairs of Cabinet; (ii)     attend meetings of Cabinet;
(iii)        cause  to  be  written  and  kept minutes of meetings of Cabinet; and
(iv)    convey decisions made by Cabinet to appropriate authorities;
(e)    monitor  the  implementation of Government    policies    and    Cabinet decisions; and
(f)    perform other functions as prescribed. (3)    A person qualifies to be appointed as Secretary
to the Cabinet if that person has or had at least ten years experience as a permanent secretary or equivalent rank.
(4)         The  term  of  office  of  the  Secretary  to  the Cabinet   shall be five years, subject to renewal for further terms.

(5)    The Secretary to the Cabinet may resign from

office by three months’ notice, in writing, to the President.

Secretary to
Treasury

220.    (1)       There  shall  be  a  Secretary  to  the Treasury who shall be appointed by the President, in consultation with the Civil Service Commission, subject to ratification by the National Assembly.
(2)      The Secretary to the Treasury shall be the chief controlling officer of the Government.
(3)    The Secretary to the Treasury shall-

(a)    be responsible and accountable for –

(i)    the proper financial management and expenditure of public monies appropriated    to  a  State  organ, Province,    local   authority,  State institution        or   other   prescribed body; and
(ii)    monies raised from sources within or outside Zambia by a Province, local authority, State institution or other prescribed body;
(b)    oversee      the      formulation      and implementation of the macro-economic frameworks and socio-economic plans of the Republic;
(c)    provide  a  regulatory  framework  for sound financial management;
(d)    cause to be prepared annual estimates of    revenue      and      expenditure, supplementary estimates of expenditure and the budget; and

(e)    carry out other prescribed functions.

(4)       A person qualifies to be appointed as Secretary to the Treasury if that person qualifies for appointment as Governor of the Bank of Zambia.
(5)         The  term  of  office  of  the  Secretary  to  the Treasury  shall be five years, subject to renewal for further terms.
(6)    The Secretary to the Treasury may resign from

office by three months’ notice, in writing, to the President.

Permanent
Secretaries

221.      (1)       The President shall, on the advice of the Civil Service Commission, appoint a Permanent Secretary for a Province, ministry or department.
(2)    A Permanent Secretary shall –

(a)    carry out or cause to be carried out the portfolio    functions  of  the  provincial administration, ministry or department;
(b)    advise   the   Minister   or   provincial Minister with respect to the activities, projects    and    programmes    of   the Province, ministry or department;
(c)    cause to be implemented the policies of the    Government   and   decisions   of Cabinet;
(d)    be responsible and accountable for the proper    financial   management   and expenditure    of      public      monies appropriated to the Province, ministry or department; and
(e)        be responsible and accountable for the management of human resources in the

provincial    secretariat,    Ministry    or department.

Public Officers

Appointment of public officers

222.    (1)    The President has, in accordance with and subject to other provisions of this Constitution, the
power to –

(a)    appoint and confirm public officers;

(b)        exercise disciplinary control over public officers; and
(c)    terminate the employment of a public officer.
(2)       The President’s functions, as specified in clause (1), shall be exercised by the relevant service commission, as prescribed.
(3)        A person shall not be regarded as disqualified for appointment to an office to which a public officer is qualified to be appointed by reason only that the office is held by a person who is on leave of absence pending relinquishment of that office.
(4)    A function of a service commission may be

delegated to a public officer, as prescribed.

Participation in politics

223.    (1)    A public officer who seeks election, or is appointed, to a State office shall resign.
(2)    Clause (1)  applies to a  Constitutional office

holder.

PART XV PENSION BENEFIT

Pension benefit

224.    (1)       An employee, including a public officer and Constitutional office holder, has a right to a pension benefit.
(2)       A  pension  benefit  shall  not  be  withheld  or altered to that employee’s disadvantage.
(3)    The law to be applied with respect to a pension

benefit –

(a)    before   the   commencement   of   this Constitution, shall be the law that was in force immediately before the date on which the pension benefit was granted or the law in force at a later date that is not less favourable  to that employee; and
(b)    after   the    commencement    of    this Constitution, shall be the law in force on the date on which the pension benefit was granted or the law in force at a later date that is not less favourable  to that
employee.

Review of pension benefit and tax exemption

Payment of pension benefits

225.    (1)    A  pension  benefit  shall  be  reviewed periodically to take into account actuarial assessments.
(2)    A pension benefit shall be exempt from tax.

226.    (1)    A pension benefit shall be paid promptly and regularly.
(2)        Where  a  pension  benefit  is  not  paid  on  a person’s last working day, that person shall stop work but the person’s name shall be retained on the payroll, until payment

of the pension benefit based on the last salary received by that person while on the payroll.

PART XVI
DEFENCE AND NATIONAL SECURITY

Principles relating to Defence Force and national security services

Status of Defence Force and national security services

Establishment
of Defence Force and functions

227.     (1)       The Defence Force and national security services shall –
(a)    be nationalistic, patriotic, professional, disciplined and competent;
(b)    be non-partisan;

(c)    not further the interests or cause of a particular organisation; and
(d)    not act against a political interest or cause permitted in this Constitution or as prescribed.
(2)        Clause (1) shall not prevent a member of the Defence Force and national security services from registering as a voter or voting in an election or a referendum.

228.    The    Defence    Force    and    national    security services shall be –
(a)    subordinate  to  civilian  authority,  as vested in the State organs; and
(b)    adequately  and  properly  equipped  to enable them effectively perform their functions.

229.     (1)       There is established the Defence Force of Zambia consisting of –

(a)    the Zambia Army;

(b)    the Zambia Air Force;

(c)    the Zambia National Service, as an auxiliary unit; and
(d)    other units, as prescribed. (2)    The Defence Force shall –
(a)    preserve and defend the sovereignty and territorial integrity of the Republic;
(b)    foster   harmony   and   understanding between the Zambia Army,  Zambia Air Force, an auxiliary unit and  members of society; and
(c)    co-operate with State organs and State institutions    in    times    of    public
emergencies and national disasters.

Establishment of national security services and functions

230.    (1)    There    are    established    the    following national security services –
(a)    the Zambia Police Service;

(b)    the    Zambia    Security    Intelligence

Service;

(c)    the Zambia Correctional Service; and

(d)    any other national security service, as prescribed.
(2)    The Zambia Police Service shall –

(a)    protect life and property;

(b)    preserve peace and maintain law and order;
(c)    ensure the security of the people; (d)    detect and prevent crime;
(e)    uphold the Bill of Rights;

(f)    foster and promote good relationships with the Defence Force, other national security    services   and   members   of society; and
(g)    perform other functions as prescribed. (3)    The Zambia Security Intelligence Service shall-
(a)    ensure national security by undertaking security    intelligence    and    counter intelligence;
(b)    prevent  a  person  from  suspending, overthrowing or illegally abrogating this Constitution; and
(c)    perform other functions as prescribed. (4)    The Zambia Correctional Service shall-
(a)    manage,   regulate   and   ensure   the security    of  prisons  and  correctional centres; and
(b)    perform other functions as prescribed.

Qualification to serve in Defence Force and national security service

231.    A person is qualified to serve as a member of the Defence Force and national security services if the person
is –

(a)    a    citizen    who    does    not    hold    dual citizenship; and
(b)    qualified as prescribed.

Deployment outside Republic

232.    (1)    The President may deploy personnel of the Defence Force outside the Republic.
(2)    Where the President deploys personnel of the

Defence Force outside the Republic, the President shall, as

soon    as    is    reasonably    practicable,    inform    the    National

Assembly of the deployment.

Prohibition of activities relating to defence and national security

Legislation on Defence Force and national security services

233.    Except  as  provided  in  this  Constitution,  a person shall not –
(a)    raise or participate in the raising of an armed force;
(b)    establish    or    participate    in    the establishment of a defence force or national security service; or
(c)    establish    or    participate    in    the establishment of a unit of the Defence Force or  national security service.

234.    The following shall be prescribed:

(a)    the regulation of the Defence Force and national security services;
(b)    the   organs   and   structures   of   the Defence Force and national security services;
(c)    the operations and administration of the Defence Force and national security services;
(d)    the  recruitment  of  persons  into  the Defence Force and national security services, which shall reflect the regional diversity of the people of Zambia;
(e)    the      appointment,      qualifications, placement,     transfer,   discipline   and retirement    of   defence   and   security chiefs    and   other   personnel   of   the

Defence  Force  and  national  security services;
(f)    the   emoluments   of   personnel   and members of the Defence Force and national security services;
(g)    the   procedures   and   processes   for deployment of the personnel of the Defence Force; and
(h)    other functions as prescribed.

PART XVII
DECLARATION OF WAR, STATE OF PUBLIC EMERGENCY, THREATENED STATE OF PUBLIC EMERGENCY AND NATIONAL DISASTERS

Declaration of war

235.    (1)    The President may, in consultation with

Cabinet, declare war between Zambia and another country. (2)    A declaration made in accordance with clause
(1) shall –

(a)    as soon as is reasonably practicable, be published in the Gazette; and
(b)    continue in force until the cessation of

hostilities.

Declaration of state of public emergency and threatened state of public emergency

236.     (1)       The President may, in consultation with Cabinet, declare a state of public emergency when there is a state of war, disorder, an invasion, insurrection or other similar situation.

(2)        The   President   may,   in   consultation   with Cabinet, where a situation exists which, if allowed to continue, may lead to a state of public emergency, declare that a threatened state of public emergency exists.
(3)    A declaration made in accordance with this

Article shall –

(a)    be effective prospectively;

(b)    as soon as is reasonably practicable, be published in the Gazette; and
(c)    continue in force –

(i)    for a period not exceeding twenty- one days from the date of the declaration, unless the National Assembly resolves to extend the period    of   the   state   of   public emergency or threatened state of public emergency in accordance with clause (4); or
(ii)    until  the  President  revokes  the declaration of the state of public emergency or threatened state of public emergency.
(4)  The National Assembly may, by a resolution supported by the votes of not less than two-thirds of the Members of Parliament, taken by secret ballot, extend the period of a state of public emergency or threatened state of
public emergency for periods not exceeding three months.

Laws on state of public emergency and threatened state of public emergency and restrictions

237.    (1)    A  law  relating  to  a  state  of  public emergency or threatened state of public emergency, shall not–

165

(a)    indemnify  the  State  or  a  person  in respect of an unlawful act committed during the state of public emergency or threatened state of public emergency; or
(b)    be enforced after the cessation of the state of public emergency or threatened state of public emergency.
(2)        An action or measure taken in consequence of a declaration of a state of public emergency or threatened state of public emergency shall not indemnify the State or a person in respect of an unlawful act committed during that
period.

Validity of emergency

238.    A person may apply to the Constitutional Court

for a hearing –

(a)    on the validity of-

(i)    a declaration of a state of public emergency or threatened state of public emergency; or
(ii)   an extension of a declaration of a state    of   public   emergency   or threatened    state     of     public emergency; or
(b)    whether  any  legislation  relating  to, action or measure taken during, a state of public emergency or threatened state
of public emergency was reasonable.

Declaration of national disasters

239.    (1)    The President may, in consultation with

Cabinet, declare that a national disaster exists.

(2)        A declaration made in accordance with clause (1) shall, as soon as is reasonably practicable, be published in the Gazette.
(3)        An action or measure taken in consequence of a declaration of a national disaster shall not indemnify the State or a person in respect of an unlawful act committed during that period.

PART XVIII

PUBLIC FINANCE AND BUDGET

Principles relating to public finance

240.    The guiding principles of public finance include the following:
(a)    transparency and accountability in the development or formulation of macro- economic frameworks, social-economic plans and the budget;
(b) promotion of a public finance system that ensures

that –

(i)    the burden of taxation is shared fairly;
(ii)    revenue raised nationally is shared equitably    among   the   different levels of government; and
(iii)    expenditure        promotes        the equitable    development    of    the country;
(c)        sustainable public borrowing to ensure inter-generational equity; and
(d)    prudent and responsible use of public

resources.

Imposition of tax

r

an authority to waive or vary a prescribed tax the power shall be exercised through a statutory instrument.

(3)        A report explaining the waiver or variation of a tax shall be submitted to the National Assembly within twenty-one   days   of   the   publication   of   the   statutory
instrument.

Consolidated
Fund

Withdrawal from Consolidated Fund

242.     (1)       There  is  established  a  Consolidated Fund to which shall be credited the revenues and other monies accruing to the Treasury.
s

243.    (1)    Monies shall not be withdrawn from the

Consolidated Fund except –

(a)    to  meet  expenditure  charged  on  the Consolidated Fund by this Constitution or as prescribed; or
(b)    where the issuance of those monies has been authorised by a warrant signed by the President, an Appropriation Act or a Supplementary    Appropriation  Act  in accordance with Article 245.
(2)    The investment or lending of monies forming part of the Consolidated Fund, in accordance with Articles
248  and  249,  respectively,  shall  not  be  considered  a withdrawal from the Consolidated Fund.

Annual financial estimates of revenue and expenditure

244.    (1)       The   Minister responsible for finance shall prepare and lay before the National Assembly in each financial year, not later than ninety days before the commencement of the next financial year, estimates of revenue and expenditure for the Republic.
(2)       The  Minister  responsible  for  finance  shall, when presenting the estimates of revenue and expenditure, in accordance with clause (1), specify the maximum limits that the Government intends to borrow or lend in that financial
year.

(3)       In a year where a general election is held, the Minister responsible for finance shall cause to be prepared and laid before the National Assembly, within ninety days of the swearing in of the President, estimates of revenue and expenditure for the Republic for the next financial year.
(4)       The National Assembly may vary estimates of revenue and expenditure but shall not amend the total amount of estimates of revenue and expenditure.
(5)       The National Assembly shall, by a resolution of two-thirds of the National Assembly, approve the financial estimates of revenue and expenditure for the next financial
year.

Appropriation Act, Supplementary Appropriation Act and Excess Expenditure Appropriation Act

245.  (1)     Where  estimates  of  revenue  and expenditure have been approved by the National Assembly in accordance with Article 244, the Minister responsible for finance shall lay, before the National Assembly for enactment, an Appropriation Bill in respect of the approved estimates of expenditure.
(2)       The  Minister  responsible  for  finance  shall, where the amount appropriated in an Appropriation Act for a

financial year is insufficient to meet expenditure in that financial year, lay before the National Assembly for approval, in accordance with clause 244 (5), a supplementary estimate of expenditure.
(3)       Where     a     supplementary     estimate     of expenditure has been approved by the National Assembly, the Minister responsible for finance shall lay, before the National Assembly for enactment, a Supplementary Appropriation Bill in respect of the approved supplementary estimate of expenditure.
(4)     Where there is an urgent need to incur expenditure for a purpose that has not been appropriated under the Appropriation Act for that financial year and it would not be in the public interest to delay the appropriation of the expenditure until a supplementary estimate is approved by the National Assembly, in accordance with clauses (2) and (3), the President may, subject to Article 246, issue a warrant authorising the expenditure and withdrawal from the Consolidated Fund.
(5)       The  Minister  responsible  for  finance  shall present the warrant referred to in clause (4) to the relevant parliamentary committee for approval.
(6)       The  parliamentary committee shall  consider the warrant within forty-eight hours of its presentation by the Minister responsible for finance.
(7)       Where expenditure is incurred in accordance with clause (4), the Minister responsible for finance shall, in that financial year, lay an Excess Expenditure Appropriation Bill before the National Assembly for enactment.
(8)    Where it is not practicable to lay an Excess

Expenditure Appropriation Bill before the National Assembly,

in accordance with clause (7), the Minister responsible for finance shall lay the Excess Expenditure Appropriation Bill before the National Assembly during the first sitting of the National Assembly after the end of the preceding financial
year.

Limitation and conditions of warrant

Budget and planning legislation

246.    (1)       The    issuance    of    a    warrant,    in accordance with Article 245(4), shall be subject to limitations and conditions, as prescribed.
(2)       The President shall, immediately after signing a warrant in accordance with Article 245(4), cause a copy of the warrant to be transmitted to the Auditor-General and Parliament.

247.    The following shall be prescribed:

(a)    the     financial     management     and regulation of public funds;
(b)    the preparation of medium and long- term    financing     frameworks     and development plans;
(c)    the budget preparation process;

(d)     public participation, at all levels of government, in the formulation of financing    frameworks,    development plans    and   preparation   of   annual budgets;
(e)    the content of the financial report of the

Republic provided for in Article 253; and

(f)     the control and disbursement of appropriated funds.

Investment of public funds

Borrowing and lending by Government

248.    (1)       Monies forming part of the Consolidated Fund may be invested into readily marketable securities and deposits or other secure investments, with a financial institution approved by the Minister responsible for finance.
(2)    The investment of monies made in accordance with clause (1) shall be prescribed.

249.    (1)    The Government may, as prescribed-

(a)    raise a loan or grant on behalf of itself, another State organ, State institution or other institution;
(b)    guarantee  a  loan  on  behalf  of  other State organ, State institution or other institution; or
(c)    enter into an agreement to give a loan or grant out of the Consolidated Fund, other public fund or public account.
(2)    Legislation    enacted    under    clause    (1)    shall

provide –

(a)    for the category, nature and other terms and conditions of a loan, grant or guarantee,  that  will  require  the approval    by  the  National  Assembly before the loan, grant or guarantee is executed; and
(b)    that any money received in respect of a loan or grant approved by the National Assembly    shall   be   paid   into   the Consolidated Fund or a public fund or public account.

Public debt

Compensation
Fund

Public procurement and disposal of State assets

Financial report of Republic

250.    (1)    A public debt shall be a charge on the

Consolidated Fund or other public fund.

(2)        For the purposes of this Article, “public debt” includes the interest on that debt, sinking fund payments in respect of that debt and the costs, charges and expenses incidental to the management of that debt.

251.    (1)    There  is  established a  Compensation

Fund for the purpose of settling claims against the State.

(2)        The management of the Compensation Fund shall be prescribed.

252.     (1)       A  State  organ,  State  institution  and other public office shall procure goods or services, in accordance with a system that is fair, equitable, transparent, competitive and cost-effective, as prescribed.
(2)        A major State asset shall be sold, transferred or otherwise disposed of, as prescribed, subject to the approval of the National Assembly signified by a vote of not less than two-thirds of the Members of Parliament.
(3)       For the purposes of this Article, “major State asset” includes a parastatal and equity held by the Government, as prescribed.

253.     (1)       The  Minister  responsible  for  finance shall, within three months after the end of each financial year, prepare and submit to the Auditor-General the financial report of the Republic in respect of the preceding financial year.

(2)        The Auditor-General shall, within two months of receipt of the financial report, examine the financial report and express an opinion on the report.
(3)        The  Minister  responsible  for  finance  shall, within one month after the receipt of the Auditor-General’s opinion, lay the financial report, with the Auditor-General’s opinion, before the National Assembly.
(4)    The financial report shall include information

on –

(a)    revenue received by the Republic during that financial year;
(b)    the expenditure of the Republic during that financial year;
(c)    gifts,     donations     and     aid-in-kind received on behalf of the Republic in that financial year, their value and how they were disposed of;
(d)    debt repayments;

(e)       payments made in that financial year for purposes other than expenditure;
(f)        the financial position of the Republic at the end of that financial year; and
(g)    other information as prescribed.

Auditor- General’s report

254.       The Auditor-General shall, not later than nine months after the end of a financial year, submit an audit report to the President and the National Assembly, on the accounts of the Republic audited in respect of the preceding
financial year.

PART XIX CENTRAL BANK

Bank of Zambia

Governor of Bank of Zambia

Legislation on Bank of Zambia

255.     (1)       There is established the Bank of Zambia which shall be the central bank of the Republic.
(2)    The functions of the Bank of Zambia are to –

(a)    issue the currency of the Republic; (b)    determine monetary policy; and
(c)    regulate banking and financial services, banks, financial and non-banking institutions, as prescribed.
(3)    There is constituted a Board of Directors for the

Bank of Zambia whose members shall be prescribed.

(4)         The functions of the Bank of Zambia  vests in the Board of Directors and shall be performed as prescribed.
(5)         The Bank of Zambia shall not be subject to the direction or control of a person or an authority in the performance of its functions.

256.    (1)       There shall be a Governor of the Bank of Zambia who shall be appointed by the President, subject to ratification by the National Assembly, and who shall be –
(a)    a citizen;

(b)    a person who has specialised training and experience in economics, finance, accounting, banking, law or other field relevant to banking, as prescribed; and
(c)    a person of proven integrity.

(2)    The Governor shall be the Chairperson of the

Board of Directors.

257.    The following shall be prescribed:

(a)    additional   functions,   operations   and management of the Bank of Zambia ;
(b)    appointment, qualifications and tenure of office of the Board of Directors;
(c)    election of a Vice-Chairperson of the Board of Directors;
(d)    tenure of office and emoluments of the

Governor;

(e)   appointment,   qualifications,   tenure   of office, functions and emoluments of the Deputy-Governor;
(f)    recruitment, and emoluments of members of staff of the Bank of Zambia; and
(g)  other   matters   necessary   for   the performance of the functions of the Bank of Zambia.

PART XX
SERVICES, COMMISSIONS AND OTHER INDEPENDENT OFFICES

Principles relating to commissions

258.    A commission shall –

(a)    be    subject    only    to    this

Constitution and the law;

(b)        be   independent   and   not   be subject to the control of a person or an authority    in  the  performance  of   its functions;
(c)        act             with             dignity, professionalism, propriety and integrity;
(d)    be non-partisan; and

(e)        be impartial in the exercise of its authority.

Civil Service Commission

Civil Service

Civil Service
Commission

Electoral Commission of Zambia

259.    (1)    There is established the Civil Service.

(2)      The office of the Secretary to the Cabinet, Secretary to the Treasury, Deputy Secretary to the Cabinet, civil servants, the members of staff of the Civil Service Commission and other public officers as prescribed, are offices in the Civil Service.

260.    (1)    There    is    established    the    Civil    Service

Commission.

(2)    The Civil Service Commission shall –

(a)       constitute offices in the Civil Service;

and

(b)    appoint,  confirm,  promote  and  hear appeals from officers in the Civil Service, excluding a Constitutional office holder.

Electoral Commission of Zambia

261.    (1)   There is established the Electoral Commission of Zambia which shall have offices in Provinces and progressively in districts.
(2)    The Electoral Commission shall –

(a)       implement the electoral process; (b)       conduct elections and referenda; (c)       register voters;

(d)    settle    minor    electoral    disputes,    as prescribed;
(e)    regulate    the    conduct    of    voters    and candidates;
(f)    accredit observers and election agents, as prescribed; and
(g)    delimit electoral boundaries.

Emoluments Commission

Emoluments
Commission

Gender Equality
Commission

262.    (1)    There  is  established  an  Emoluments

Commission.

(2)        The Emoluments Commission shall determine, on the recommendation of the relevant authority or commission, the emoluments   of public officers, chiefs and members of the House of Chiefs, as provided in this Constitution or as prescribed.

Gender Equality Commission

263.     (1)       There    is    established   the    Gender Equality Commission which shall have offices in the Provinces and progressively in districts.
(2)        The    Gender    Equality   Commission   shall promote the attainment and mainstreaming of gender equality.
(3)    The Gender Equality Commission shall –

(a)    monitor, investigate, research, educate, advise and report on issues concerning gender equality;

(b)    ensure  institutions comply with legal requirements    and   other   standards relating to gender equality; and
(c)         take steps to secure appropriate redress to    complaints   relating   to   gender inequality, as prescribed.

Human Rights Commission

Human Rights
Commission

Investigative
Commissions

264.    (1)       There is established the Human Rights Commission which shall have offices in the Provinces and progressively in districts.
(2)    The Human Rights Commission shall ensure that the Bill of Rights is upheld and protected.
(3)    The Human Rights Commission shall –

(a)    investigate    and     report     on     the observance of rights and freedoms;
(b)    take    necessary    steps    to    secure appropriate redress where rights and freedoms are violated;
(c)    endeavour to resolve a dispute through negotiation, mediation or conciliation;
(d)       carry   out   research   on   rights   and freedoms and related matters; and
(e)      conduct civic education on rights and freedoms.

Investigative Commissions

265.    There is established the following investigative commissions:

(a)    the Anti-Corruption Commission;

(b)    the    Drug    Enforcement    Commission;

and

(c)    the    Anti-Financial    and    Economic

Crimes Commission.

Judicial Complaints Commission

Judicial Complaints Commission

Judicial Service

266.    (1)    There    is    established    the    Judicial

Complaints Commission.

(2)    The Judicial Complaints Commission shall –

(a)    enforce the Code of Conduct for judges and judicial officers;
(b)    ensure that judges and judicial officers are accountable to the people for the performance of their functions;
(c)    receive  complaints  lodged  against  a judge or judicial officer, as prescribed;
(d)    hear  a  complaint against a  judge  or judicial officer, as prescribed; and
(e)    make     recommendations     to     the appropriate institution or authority for action.

Judicial Service Commission

267.    (1)    There is established a Judicial Service. (2)        The office of judge, judicial officer, the members
of staff of the Judicial Service Commission and such other officers as prescribed, are offices in the Judicial Service.

Judicial Service Commission

Lands
Commission

Local Government
Service

Local Government Service Commission

268.    (1)    There is established the Judicial Service

Commission.

(2)    The Judicial Service Commission shall –

(a)    constitute offices in the Judicial Service; (b)    make recommendations to the President
on the appointment of judges;

(c)    appoint,  confirm,  promote  and  hear appeals from judicial officers; and
(d)    carry out a function provided for in this

Constitution, or as prescribed.

Lands Commission

269.     (1)       There     is     established     a     Lands Commission which shall have offices in all Provinces and progressively in districts.
(2)        The   Lands   Commission   shall   administer, manage and alienate land, on behalf of the President, as prescribed.

Local Government Service Commission

270.    (1)    There    is    established    a    Local

Government Service.

(2)       The office of the Town Clerk, Council Secretary, members of staff of the Local Government Service Commission, the members of staff of local authorities and other local government staff, as prescribed, are offices in the Local Government Service.

182

271.    (1)    There    is    established    the    Local

Government Service Commission.
(2)    The  Local  Government  Service  Commission shall –

(a)    appoint  the  Town  Clerk and  Council

Secretary of a local authority;

(b)    constitute    offices    in    the    Local

Government Service;

(c)    appoint,  confirm,  promote  and  hear appeals from   officers of the Local Government Service; and
(d)    ensure efficient and effective functioning of local authorities.

Parliamentary Service Commission

Parliamentary
Service

Parliamentary Service Commission

272.    (1)    There is established the Parliamentary

Service.

(2)       The office of the Clerk of the National Assembly, provincial clerk, members of staff of the Parliamentary Service Commission, members of staff of the office of the Clerk and provincial clerk and other staff, as prescribed, are offices in the Parliamentary Service.

273.    (1)    There  is  established  a  Parliamentary

Service Commission.

(2)    The Parliamentary Service Commission shall –

(a)    appoint    the    Clerk    of    the    National

Assembly and provincial clerks;

(b)    constitute offices in the Parliamentary

Service;

(c)    appoint,  confirm,  promote  and  hear appeals    from     officers     of     the Parliamentary Service;
(d)    ensure efficient and effective functioning of the National Assembly and provincial assemblies; and
(e)    have    financial    oversight    of    the Parliamentary    Service,       National Assembly and provincial assemblies.

Police Public Complaints Commission

Police Public Complaints Commission

274.    (1)    There is established the Police Public

Complaints Commission.

(2)    The Police Public Complaints Commission shall

–

(a)    receive   and   investigate   complaints against police actions;
(b)    investigate  complaints  against  police actions which result in serious injury or death of a person; and
(c)    make     recommendations     to     the appropriate institution or authority for action.

State Audit Commission

State Audit
Commission

275.    (1)    There    is    established    a    State    Audit

Commission.

(2)    The State Audit Commission shall –

(a)    subject to Article 291 (2) oversee the operations of the office of the Auditor- General, as prescribed; and
(b)    make recommendations to the President on the appointment of the Auditor- General.

Teaching Service Commission

Teaching
Service

Teaching Service Commission

276.    (1)    There    is    established    the    Teaching

Service.

(2)     The  teachers  serving  as  public  officers excluding civil servants, the members of staff of the Teaching Service Commission and other public officers, as prescribed, are offices in the Teaching Service.

277.    (1) There is established the Teaching Service

Commission.

(2)    The Teaching Service Commission shall –

(a)    constitute    offices    in    the    Teaching

Service; and

(b)    appoint,  confirm,  promote  and  hear appeals from   officers of the Teaching Service.

Zambia Correctional Service Commission

Zambia Correctional Service Commission

278.    (1)     There  is  established  the  Zambia Correctional Service Commission for the Zambia Correctional Service established in Article 230.
(2)      The office of Commissioner of Correctional Service, Deputy-Commissioner of Correctional Service, Assistant Commissioner of Correctional Service, prison warders, members of staff of the Zambia Correctional Service Commission and such other public officers as prescribed, are offices in the Zambia Correctional Service.
(3)    The Zambia Correctional Service Commission

shall –

(a)    constitute    offices    in    the    Zambia

Correctional Service; and

(b)    appoint,  confirm,  promote  and  hear appeals from   officers of the Zambia Correctional Service.

Zambia Police Service Commission

Zambia Police Service Commission

279.     (1)       There is established the Zambia Police Service Commission for the Zambia Police Service established in Article 230.
(2)       The office of the Inspector-General of Police, the Deputy Inspector-General of Police, police officers, the members of staff of the Zambia Police Service Commission and other public officers as prescribed, are offices in the Zambia Police Service.
(3)    The Zambia Police Service Commission shall –

(a)    constitute offices in the Zambia Police

Service; and

(b)    appoint,  confirm,  promote  and  hear appeals from officers of the Zambia Police Service.

General Provisions Relating to Commissions

Financial independence of commissions

Expenses of commissions

Qualifications of members of commissions

280.    (1)       A commission shall be a self-accounting institution which deals directly with the Ministry responsible for finance in matters relating to its finances.
(2)       A commission shall be adequately funded in a financial year to enable it to effectively perform its functions.

281.  The expenses of a commission, including emoluments payable to, or in respect of, persons serving with that commission, shall be a charge on the Consolidated Fund.

282.    A person qualifies to be appointed as a member of a commission if that person –
(a)    is a citizen;

(b)        is permanently resident in Zambia; (c)    has not, in the immediate preceding five years, served a term of imprisonment of
at least three years;

(d)    declares    that    person’s    assets    and

liabilities, as prescribed;

(e)    has  paid  that  person’s  taxes  or  has made arrangements satisfactory to the appropriate    tax   authority   for   the payment of the taxes;
(f)    does  not  have  a  mental  or  physical disability that would make the person

incapable of performing the functions of office;
(g)   is  not  serving  a  sentence  of imprisonment for an offence under a law; and
(h)    has other qualifications, as prescribed.

General    powers of commissions

Legislation on commissions

283.    A commission –

(a)    shall appoint its staff;

(b)       may refer matters within its mandate to appropriate    State   organs   or   State institutions for action;
(c)       may initiate its own investigations and receive complaints from a person on matters within its mandate;
(d)    shall take measures to ensure that State institutions and other persons comply with its decisions; and
(e)      shall submit annual reports to the National Assembly on its accounts and activities as prescribed.

284.   The functions, composition, appointment of members, tenure of office of members, processes and procedures, operations, administration, structures, finances and  financial  management  of  a  commission  shall  be
prescribed.

Other Independent Offices

Public Protector

Public Protector

Functions of
Public Protector

285.    (1)       There shall be a Public Protector who shall be appointed by the President, on the recommendation of the Judicial Service Commission, subject to ratification by the National Assembly.
(2)    A person qualifies for appointment as Public

Protector if that person –

(a)    is qualified to be appointed as a judge;

and

(b)    does    not    hold    a    State    office    or

Constitutional office.

(3)     The  office of  Public Protector shall be decentralised to the Provinces and progressively to districts, as prescribed.
(4)    The procedures, staff, finances, financial management, administration and operations of the office of the Public Protector shall be prescribed.

286.    (1)       The Public Protector may investigate an action or decision taken or omitted to be taken by a State institution in the performance of an administrative function.
(2)       For purposes of clause (1), an action or decision taken or omitted to be taken is an action or decision which is
–

(a)    unfair, unreasonable or illegal; or

(b)        not compliant with the rules of natural justice.
(3)    For purposes of clauses (1) and (2), the Public

Protector may –

(a)    bring an action before a court;

(b)    hear an appeal by a person relating to an action or decision taken or omitted to be taken in respect of that person; and
(c)    make  a  decision  on  an  action  to  be taken    against   a   public   officer   or Constitutional    office   holder,   which decision shall be implemented by an appropriate authority.
(4)       The Public Protector shall not be subject to the direction or control of a person or an authority in the performance of the functions of office.
(5)       The Public Protector has the same powers as those of the High Court in –
(a)    enforcing the attendance of witnesses and examining them on oath;
(b)    examining witnesses outside Zambia;

(c)    compelling   the   production   of documents;
(d)    enforcing decisions issued by the Public

Protector; and

(e)    citing  a  person  or  an  authority  for contempt for failure to carry out a decision.
(6)      A person summoned to give evidence or to produce a document before the Public Protector is entitled, in respect of that evidence or the production of the document, to the same privileges and protection as those that a person would be entitled to before a court.
(7)       An answer by a person to a question put by the Public Protector is not admissible in evidence against that person in civil or criminal proceedings, except for perjury.

Limitation of powers of Public Protector

Performance of functions of Public Protector during absence, illness or other cause

Tenure of office of
Public Protector

287.   The Public Protector shall not investigate a matter which –
(a)    is before a court, court martial   or a quasi-judicial body;
(b)    relates to an officer in the Parliamentary

Service or  Judicial Service;

(c)     involves  the  relations  or  dealings between the Government and foreign government    or     an     international organisation;
(d)       relates to the exercise of the prerogative of mercy; or
(e)    is criminal in nature.

288.   Where the Public Protector is absent from Zambia or is unable to perform the functions of office due to illness or other cause, the President shall appoint a person qualified to perform the functions of the Public Protector until that appointment is revoked or until the Public Protector returns to office.

289.    (1)    Subject    to    this    Article,    the    Public
Protector shall retire from office on attaining the age of sixty years.

(2)    The  Public    Protector    may  retire,  with  full benefits, on attaining the age of fifty-five years.
(3)       The  Public  Protector  may  be  removed  from office on the same grounds and procedure as apply to a judge.

(4)    The Public Protector may resign from office by

three months’ notice, in writing, to the President.

Report to National
Assembly

Auditor-General

Functions of
Auditor-General

290.    The office of the Public Protector shall report to the National Assembly on matters concerning its affairs.

Auditor-General

291.    (1)       There shall be an Auditor-General who shall be appointed by the President, on the recommendation of the State Audit Commission, subject to ratification by the National Assembly.
(2) The office of Auditor-General shall be decentralised to the Provinces and progressively to districts, as prescribed.
(3)    The following shall be prescribed:

(a)    the   qualifications   of   the   Auditor- General;
(b)    the operations and management of the office of the Auditor-General;
(c)    the recruitment, supervision, grading, promotion and discipline of the staff of the Auditor-General; and
(d)    the finances of the office of the Auditor- General.

292.    (1)    The Auditor-General shall –

(a)    audit the accounts of –

(i)    State  organs,  State  institutions, provincial    administration,

provincial  assemblies    and  local authorities; and
(ii)    institutions financed  from public funds;
(b)    audit the accounts that relate to the stocks,    shares   and   stores   of   the Government;
(c)    conduct financial and value for money audits, including forensic audits and any other type of audit, in respect of a project that involves the use of public funds;
(d)    ascertain that money appropriated by Parliament or raised by the Government and disbursed –
(i)    has been applied for the purpose for which it was appropriated or raised;
(ii)    was expended in conformity with the authority that governs it; and
(iii)    was      expended      economically, efficiently and effectively; and
(e)      recommend to the Director of Public Prosecutions    or   a  law  enforcement agency    any     matter    within    the competence of the   Auditor-General, that may require to be prosecuted.
(2)        The Auditor-General shall not be subject to the direction or control of a person or an authority in the performance of the functions of office.

Performance of functions of Auditor-General during absence, illness or other cause

Tenure of office of
Auditor- General

293.  Where the Auditor-General is absent from Zambia or is unable to perform the functions of office due to illness or other cause, the President shall appoint a person qualified to perform the functions of the Auditor-General until that appointment is revoked or until the Auditor-General returns to office.

294.    (1)       Subject  to  this  Article,  the  Auditor- General shall retire from office on attaining the age of sixty
years.

(2)    The    Auditor-General    may    retire,    with    full benefits, on attaining the age of fifty-five years.
(3)       The  Auditor-General  may  be  removed  from office on the same grounds and procedure as apply to a judge.
(4)    The Auditor-General may resign from office by

three months’ notice, in writing, to the President.

PART XXI

LAND, ENVIRONMENT AND NATURAL RESOURCES

Land

Principles of land policy

295.    (1)    Land shall be held, used and managed in accordance with the following principles:
(a)    equitable access to land and associated resources;
(b)    security  of   tenure   for   lawful   land holders;
(c)    recognition of indigenous cultural rites; (d)    sustainable use  of land;
(e)    transparent,   effective   and    efficient administration of land;
(f)    effective and efficient settlement of land disputes;
(g)    river frontages, islands, lakeshores and ecologically    and   culturally   sensitive areas –
(i)    to be accessible to the public;

(ii)    not be leased, fenced or sold; and

(iii)    to  be  maintained  and  used  for conservation    and    preservation activities;
(h)    investments in land to also benefit local communities and their economy; and
(i)    plans  for  land  use  to  be  done  in  a consultative and participatory manner.

Vesting of land

Classification and alienation of land and land tenure

Principles of environmental and natural resources management and development

296.     (1)       Land is vested in the President and held by the President in trust for, and on behalf of, the people of Zambia.
(2)        Land shall be administered and controlled for the common benefit of the people of Zambia.

297.     (1)       Land shall be delimited and classified as State land, customary land and such other classification, as prescribed.
(2)      The President may, through the Lands Commission, alienate land to citizens and non-citizens, as prescribed.
(3)    Land shall be held for a prescribed tenure.

Environment and Natural Resources

298.     The management and development of Zambia’s environment and natural resources shall be governed by the following principles:
(a)    natural       resources       have       an environmental,    economic,  social  and cultural value and this shall be reflected in their use;
(b)       the person responsible for polluting or degrading    the      environment      is responsible for paying for the damage done to the environment;
(c)      where there are threats of serious or irreversible    damage,    lack    of    full scientific certainty shall not be used as a reason for postponing cost-effective

measures    to    prevent    environmental degradation;
(d)     the conservation and protection of ecologically sensitive areas, habitats, species and other environment shall be done in a sustainable manner;
(e)     respect for the integrity of natural processes and ecological communities;
(f)        benefits accruing from the exploitation and utilisation of the environment and natural    resources   shall   be   shared equitably        amongst    the    people    of Zambia;
(g)       saving of energy and the sustainable use of renewable energy sources shall be promoted;
(h)       reclaiming     and     rehabilitation    of degraded areas and those prone to disasters shall be promoted;
(i)        unfair trade practices in the production, processing, distribution and marketing of natural resources shall be eliminated;
(j)        origin, quality, methods of production, harvesting and processing of natural resources shall be regulated;
(k)    equitable access to environmental resources  shall be promoted;
(l)        effective participation of people in the development of relevant policies, plans and programmes; and

(m)    access to environmental information to enable    people    preserve,    protect    and
conserve the environment.

Protection of environment and natural resources

Utilisation of natural resources and management of environment

299.    A person has a duty to co-operate with State organs and State institutions and other persons to –
(a)    maintain  a  clean,  safe  and  healthy environment;
(b)    ensure       ecologically       sustainable development    and    use    of    natural resources;
(c)    respect,  protect  and   safeguard   the environment; and
(d)    prevent or discontinue an act which is harmful to the environment.

300.    The State shall, in the utilisation of natural resources and management of the environment –
(a)    protect genetic resources and biological diversity;
(b)    implement mechanisms that minimise waste;
(c)    promote     appropriate     environment management systems and tools;
(d)    encourage public participation;

(e)    protect  and  enhance  the  intellectual property in, and indigenous knowledge of, biodiversity and genetic resources of local communities;

(f)    ensure     that     the     environmental standards enforced in Zambia are of essential benefit to citizens; and
(g)    establish and implement mechanisms that address climate change.

PART XXII AMENDMENT OF CONSTITUTION

Amendment to
Constitution

Amendment without referendum

301.    (1)    A provision of this Constitution may be amended in accordance with this Article, Article 302 or 303. (2)    A Bill to amend an Article shall have the sole purpose of amending that Article and shall not provide for
any other matter.

(3)         A Bill to amend an Article which relates to local government shall only be introduced in the National Assembly if the Bill has been approved by a resolution supported by the votes of not less than two-thirds of the members of the provincial assemblies.
(4)         For the purposes of this Constitution, “amend” means to replace, vary or add to an Article or group of Articles but does not include the repeal and replacement of the entire Constitution.

302.    (1)       A Bill to amend an Article or group of Articles, except a Bill to amend the Bill of Rights and the Articles specified in Article 303, shall be done in accordance with this Article.
(2)       A  Bill  referred  to  in  clause  (1),  shall  be published  in  the  Gazette  and  laid  before  the  National

Assembly, for first reading, after thirty days from the date of its publication.
(3)       A Bill referred to in clause (1) shall be passed by the National Assembly by the votes of at least two-thirds of the Members of Parliament at the second and third reading
stages of the parliamentary process.

Referendum for amendment of certain Articles, repeal and replacement of Constitution

303.    (1)    A Bill to amend the Bill of Rights, Article

1, Article 4, Article 5, Article 74 (1) and (2), Article 104, Article

108(1), Article 114, Article 115, Article 301, Article 302 or this Article shall be by a referendum and in accordance with this Article.
(2)        A Bill referred to in clause (1) shall be published in the Gazette and laid before the National Assembly, for first reading, after thirty days from the date of its publication.

(3)         The Speaker shall, after the first reading, refer the Bill to the Electoral Commission for a referendum to be held on the Bill.
(4)      The Electoral Commission shall, within one hundred and twenty days of receipt of the Bill, referred to the Commission in accordance with clause (3), hold a referendum on the Bill, as prescribed.
(5)       If, in a referendum, at least fifty percent of the registered voters vote, and more than fifty percent vote in favour of the amendment, the National Assembly shall proceed to pass the Bill.

PART XXIII

GENERAL PROVISIONS

Official
language and use and status of
local languages

Nominations and appointments

304.    (1)    The    official    language    of    Zambia    is

English.

(2)    A language, other than English, may be used as a medium of instruction in educational institutions or for legislative, administrative or judicial purposes, as prescribed. (3)    The State shall respect, promote and protect
the diversity of the languages of the people of Zambia.

305.     (1)       Where a person is empowered to make a nomination or an appointment to a public office, that person shall ensure –

(a)    that  the  person  being  nominated  or appointed    has       the       requisite qualification to discharge the functions of the office, as prescribed or specified in    public     office     circulars     or establishment registers;
(b)    that  fifty  percent  of  each  gender  is nominated or appointed from the total available positions, unless it is not practicable to do so; and
(c)      equitable representation  of the  youth and persons with disabilities, where these    qualify    for    nomination    or appointment.
(2)    A person empowered to make a nomination or appointment to a public office shall, where possible, ensure

that the nomination or appointment reflects the regional

diversity of the people of Zambia.

Oath of office and prescribed oaths

Code of conduct and ethics

Conflict of interest

Declaration of assets

Emoluments payable under Constitution

306.      A person assuming a public office, member of the House of Chiefs, and presidential appointee, shall take an Oath of Office and such other oath, as prescribed, before carrying out the duties of office.

307. A person holding a public office shall act in accordance with a code of conduct and ethics, as prescribed for that office.

308.      A person holding a public office shall not act in a manner, or be in a position, where the personal interest of that person conflicts, or is likely to conflict, with the performance of the functions of office.

309.      A person holding a public office shall, before assuming office or leaving office, make a declaration of their assets and liabilities, as prescribed.

310.     (1)       A public officer, chief and member of the House of Chiefs, shall be paid such emoluments as recommended by the relevant authority or commission and determined by the Emoluments Commission.
(2)        The emoluments of a State officer, councillor, Constitutional office holder and a judge shall be determined by the Emoluments Commission, as prescribed.
(3)        The emoluments of a person holding a public office, chief and member of the House of Chiefs shall not be

altered to the disadvantage of that person during that person’s

tenure of office.
(4)    A person holding a public office shall not, while in office, hold another office which pays emoluments.

Funding, expenses and emoluments charge on Consolidated
Fund

Definitions

311.    (1)    A    public    office    shall    be    adequately funded to enable it to effectively perform its functions.
(2)        The expenses of a State organ, State institution and public office shall be a charge on the Consolidated Fund. (3)    The        emoluments    payable    under    this Constitution or as prescribed, shall be a charge on the
Consolidated Fund.

312.    In    this    Constitution,    unless    the    context otherwise requires –
“adult” means a person who has attained, or is above, the age of nineteen years;
“affirmative action” includes a measure designed to ameliorate an inequity or remedy   a systematic denial or infringement of a right or freedom;
“Bill” means a draft of a proposed law to be enacted by

Parliament;

“Bill        of   Rights”   means   the   human   rights   and fundamental  freedoms set out  in  Part  V,  and includes their status, application, interpretation, limitations,    derogations,   non-derogations  and enforcement;
“by-election” means an election to fill a vacancy in the office of a Member of Parliament who holds a constituency-based-seat or councillor;

“candidate” means a person contesting a presidential,

parliamentary or local government election;

“chief” means a person bestowed as chief and who derives allegiance from the fact of birth or descent, in accordance with the customs, traditions, usage or consent of the people in a chiefdom;
“child” means a person who has attained, or is below, the age of eighteen years;
“circuit    schedule”  means  a  table  showing  dates, districts, time and place where a court is to sit and hear matters in any period of twelve months;
“citizen” means a citizen of Zambia;

“civil servant” means a public officer appointed by the

Civil Service Commission;

“civil society” means a group of persons, who are not part of the Government, who associate for the purpose of advancing or protecting particular interests;
“commission” means a commission established under

Part XX this Constitution;

“constituency” means an area into which Zambia is divided for purposes of elections to the National Assembly;
“Constitutional Court” means the Constitutional Court

established in this Constitution;

“Constitutional office” means the office of the Attorney- General,    Solicitor-General,  Director  of  Public Prosecutions, Public Protector, Auditor-General, Secretary        to  the  Cabinet,  Secretary   to  the Treasury and Permanent Secretary;

“Constitutional office holder” means a person holding or acting in a Constitutional office;
“council” includes a city, municipal or town council;

“council chairperson” means a person elected chairperson of a town council in accordance with Article 191;
“councillor” means a member of a council elected in accordance with Article 190;
“court”    means    a    court    of    competent    jurisdiction

established by or under this Constitution;

“Court of Appeal” means the Court of Appeal established

in this Constitution;

“deputy provincial speaker” means a person elected as deputy provincial speaker in accordance with Article 185;
“devolution” means a form of decentralisation where there is a transfer of rights, functions and powers or an office from the central government or State institution to a sub-national authority or the bringing of a service that is provided at central government level to, or opening of a branch of a public office or institution at, a sub- national level, and the word “devolved” shall be construed accordingly;
“disability”    means  a  permanent  physical,  mental, intellectual or sensory impairment that alone, or in combination with social or environmental barriers, hinders the ability of a person to fully or effectively participate in an activity or perform a function as specified in this Constitution or as prescribed;

“discrimination” means directly or indirectly treating a person differently on the basis of that person’s birth, race, sex, origin, colour, age, disability, religion, conscience, belief, culture, language, tribe, pregnancy, health, or marital, ethnic, social or economic status;
“district” means an administrative unit of a Province as provided in Article 179;
“election” means an election to the  office of President National Assembly, provincial assembly or a council;
“Electoral    Commission”     means     the     Electoral Commission    of   Zambia   established   in   this Constitution;
“emoluments” include salaries, allowances, benefits and rights that form an individual’s remuneration for services rendered, including pension benefits or other benefits on retirement;
“Emoluments  Commission”  means  the  Emoluments

Commission established in this Constitution;

“executive authority” means the power and the right to

execute executive functions;

“executive    functions”    means    the    functions    of    the

President set out in this Constitution;

“ex-officio” means a person who is appointed as a member by virtue of office;
“First Deputy Speaker” means the person elected as

First Deputy Speaker in accordance with Article

139 (4);

“freedom fighter” means a person who fought for the independence    of   the   former  protectorate  of

Northern Rhodesia  to become  the  Republic of

Zambia;

“function” includes powers and duties;

“gender” means female or male and the role individuals play in society as a result of their sex and status; “general    election”    means    Presidential,    National Assembly     and local government elections when
held on the same day;

“gross misconduct” means –

(a)    behaviour which brings a public office into disrepute, ridicule or contempt;
(b)       behaviour that is prejudicial or inimical to the economy or the security of the State;
(c)    an act of corruption; or

(d)       using or lending the prestige of an office to advance    the  private  interests  of  that person, members of that person’s family or another person;
“health practitioner” means a person registered as a health practitioner as prescribed;
“High Court” means the High Court established in this

Constitution;

“individual” means a natural person;

“judge” means a person appointed as a judge of a superior court;
“judgment” includes a decision, an order or decree of a

court or an authority, as prescribed;

“judicial  authority”  means  the  power  and  right  to

perform judicial functions;

“judicial function” means the functions of the Judiciary

set out in this Constitution;

“judicial officer” includes a magistrate, local court magistrate,    registrar   and   such   officers   as prescribed;
“legislative authority” means the power and right to perform legislative functions;
“legislative    functions”    means    the    functions    of    the

legislature set out in this Constitution;

“local authority” means a council and it’s secretariat consisting of persons appointed by the Local Government Service Commission;
“local Bill” means a draft of a proposed law to be enacted by a provincial assembly;
“local government” means governance at the local level; “local government elections tribunal” means a tribunal established in accordance with Article 196;
“Local Government Equalisation Fund” means a fund

established in accordance with Article 200;

“mayor” means a person elected mayor of a city or municipal council in accordance with Article190; “Member of Parliament” means a person who is member
of the National Assembly;

“Minister” means a Cabinet Minister;

“non-refoulement” means the right not to be returned to the country of origin or a third country if that person has a well-founded fear of persecution, in the country of origin or a third country, which justifies that person’s request for asylum or refuge;
“oath” includes an affirmation;

“older member of society” means a person who has attained, or is above, the age of sixty years;

“opposition” means a political party which is not the political party in government;
“ordinarily resident” means residing in a place for a

prescribed period of time;

“Parliament” means the President and the National

Assembly;

“parliamentary    committee”    means    a    committee established in accordance with Article 137;
“party list” means a list of persons submitted to the Electoral Commission by a political party in accordance with Article 128;
“pension benefit” includes a pension, compensation, gratuity or similar allowance in respect of a person’s service;
“person”    means  an  individual,  a  company  or  an association of persons, whether corporate or unincorporated;
“person    with  disability”  means  a  person  with  a permanent    physical,  mental,  intellectual     or sensory impairment;
“political party” means an association whose objectives include the contesting of elections in order to form government or influence the policy of the national or local government;
“power” includes privilege, authority and discretion; “prescribed” means provided for in an Act of Parliament; “President-elect” means the presidential candidate who
has been declared by the Returning Officer as having won the presidential election;

“presidential candidate” means a person nominated to stand for election as President in accordance with Article 79 (1);
“presidential election” means an election to the office of President, and includes the election of a Vice- President as a running mate to the President;
“property” includes a vested or contingent right to, or interest in, or arising from –
(a)    land,    permanent    fixtures    on,    or improvements to, land;
(b)    goods or personal property; (c)    intellectual property; or
(d)    money,    choses    in    action    or    negotiable instruments;
“provincial administration” means the administrative secretariat established in accordance with Article
180;

“provincial    legislation”  means  laws  enacted  by  a provincial assembly and assented to by the President;
“Provincial    Minister”    means    a    person    appointed

Provincial Minister by the President;

“provincial    speaker”   means   a   person   elected   as provincial speaker of a provincial assembly in accordance with Article 185;
“public    media”  means  media  owned,  operated  or controlled by the Government;
“public office” means an office whose emoluments and expenses are a charge on the Consolidated Fund or other prescribed public fund and includes a State office, Constitutional office and an office in

the public service, including that of a member of a commission;
“public officer” means a person holding or acting in a public office, but does not include a State officer, councillor, a Constitutional office holder, a judge and a judicial officer;
“public service” means service in the Civil Service, the Teaching Service, Defence Force and National Security Service, the Zambia Correctional Service, the    Zambia    Police    Service,    Emoluments Commission, State Audit Commission, Lands Commission,    Electoral   Commission,   Human Rights    Commission,        the    Anti-Corruption Commission, Drug Enforcement Commission, the Anti-Financial and Economic Crimes Commission, the Police and Public Complaints Commission, and service as a constitutional office holder, service in other offices, as prescribed;
“rights and freedoms” means the human rights and fundamental freedoms provided for in the Bill of Rights;
“Republic” means the Republic of Zambia;

“returning officer” means a person who is a returning officer for a parliamentary or local authority election    and   “Returning   Officer”   means  the Chairperson of the Electoral Commission in a presidential election;
“running mate” means a person who is selected by a presidential    candidate   to   stand   with   the presidential candidate in a presidential election so that the person becomes the Vice-President if

that    presidential    candidate    is    elected    as

President;

“Second Deputy Speaker” means the person elected as Second    Deputy  Speaker  in  accordance  with Article 139 (5);
“Service Commission” means a Commission established

under Articles 267, 269, 271, 273, 274, 275, and

277;

“session” means a period not exceeding twelve months, within the term of the National Assembly, of sittings    of   the   National   Assembly,   which commence on the first day of sitting after a general election or prorogation of Parliament and ends    with   a   prorogation   or   dissolution   of Parliament;
“sitting” means a meeting of the National Assembly, within    a  session,  which  concludes  with  an adjournment, and includes a parliamentary committee meeting;
“Speaker” means the person elected Speaker of the National Assembly in accordance with Article 139 (1);
“State institution” includes a ministry or department of the    Government,   a   public   office,   agency, institution,    statutory   body,   commission   or company in which the Government or local authority has a controlling interest, other than a State organ;
“State office” includes the office of President, Vice- President, Speaker, Deputy Speaker, Member of Parliament,    Minister,    Provincial    Minister,

provincial speaker, Parliamentary Secretary provincial deputy speaker and member of a provincial assembly;
“State officer” means a person holding or acting in a

State office;

“State  organ”  means  the  Executive,  Legislature  or

Judiciary;

“statutory    instrument”    means    a    proclamation, regulation, rule, by-law, order or other similar legal instrument made under a power conferred by this Constitution or an Act of Parliament;
“subordinate court” means a court subordinate to the

High Court;

“sub-national” means an administrative division of government at provincial or district level;
“sub-structure” includes a district, ward and village;

“superior    court”    means    the    Supreme    Court, Constitutional Court, Court of Appeal and High Court        established   in   accordance   with   this Constitution;
“Supreme    Court”   means   the   Supreme   Court   as established in this Constitution;
“tax” includes rates, levies, charges, tariffs, fees, tolls and duties;
“term” means a period of five years commencing when the National Assembly first sits, after a general election, and ending when Parliament is dissolved;
“Treasury” means the office, in the Ministry responsible for    finance,  which  receives,  keeps,  receipts, manages and disburses public funds;

“Vice-President-elect” means the person declared as having been duly elected as a Vice-President after a presidential election;
“ward” means a unit into which a district is divided for purposes of electing councillors;
“young person” means a person who has attained the age of fifteen years, but is below the age of nineteen years; and
“youth” means a person who has attained the age of nineteen years, but is below the age of thirty-five
years.

Interpretation of Constitution

313.    (1)       This Constitution shall be interpreted in accordance with Article 24 and in a manner that –
(a)    promotes   its   purposes,  values   and principles;
(b)    permits the development of the law; and

(c)    contributes to good governance.

(2)       If  there  is  a  conflict  between  the  English version of this Constitution and a different language version, the English  version shall prevail.
(3)       A  provision  of  this  Constitution  shall  be construed according to the doctrine that the law is continuously in force and accordingly –
(a)    a   function   may   be   performed,   as occasion requires, by the person holding the office to which the function is assigned;
(b)    a reference to a person holding an office includes    a  reference  to  the  person

lawfully performing the functions of that office at a particular time;
(c)    a reference to an office, State organ, State institution or locality shall be read with    any  modification  necessary  to make        it      applicable      in      the circumstances;
(d)    a reference in a provision applying that provision to another provision shall be read with any modification necessary to make it applicable in the circumstances and    any  reference  to  the  modified provision shall apply as modified; and
(e)    a   reference  to   an   office,   body   or organisation, where that office, body or organisation has ceased to exist, is a reference to its successor or to the equivalent office, body or organisation performing the functions.
(4)       A provision of this Constitution to the effect that a person, an authority or institution is not subject to the direction or control of a person or an authority in the performance of a function, does not preclude a court from exercising jurisdiction in relation to a question as to whether that  person,  authority  or  institution  has  performed  the
function in accordance with this Constitution or other laws.

Provisions with respect to amendment to Constitution

314.    An Act to amend an Article or Articles shall not, unless the contrary intention appears –

(a)    revive anything not in force or existing at the time at which the amendment takes effect;
(b)    affect  the  previous  operation  of  an Article or Articles or anything duly done or suffered under the amended Article;
(c)    affect  a  right,  privilege, obligation or liability acquired, accrued or incurred under the amended Article;
(d)    affect a penalty, forfeiture, confiscation or    punishment   imposed   under   the amended Article; or
(e)    affect an investigation, legal proceeding or    remedy  in  respect  of  any  right, privilege, obligation, liability, penalty, forfeiture, confiscation or punishment, and an investigation, legal proceeding or remedy may be instituted, continued or enforced    and   a   penalty,   forfeiture, confiscation    or  punishment  may  be imposed, as if the amending Act had not
been passed.

Grammatical variation

315.    In    this    Constitution,    unless    the    context otherwise requires –
(a)    a  word  in  the  singular  includes  the plural and a word in the plural includes the singular; and
(b)       a word or expression  defined, shall be read with any grammatical variation or

similar    expression    of    that    word    or

expression.

Computation of time

Power to appoint includes power
to remove

316.    For the purposes of this Constitution, in computing time, unless a contrary intention is expressed –
(a)    a period of days from the happening of an event or the doing of an act shall be considered to be exclusive of the day on which the event happens or the act is done;
(b)    if  the  last  day  of  the  period  is  a Saturday, Sunday or public holiday (“excluded day”), the period shall include the next  day;
(c)    where an act or a proceeding is directed or allowed to be done or taken on a specified    day   and   that   day   is  an excluded day, the act or proceeding shall be considered as done or taken in due time if it is done or taken the next day; and
(d)    where an act or a proceeding is directed or allowed to be done or taken within a time    not   exceeding   six   days,   an excluded day shall not be counted in the computation of the time.

317.    In  this  Constitution, unless  a  contrary intention is expressed, power to appoint a person to hold or act in an office includes the power to confirm appointments,

to exercise disciplinary control over the person holding or

acting in the office and to remove that person from office.

Implied power

Legislation to give effect to Constitution

Power to make statutory instrument, resolution or direction

318.     In this Constitution, a power given to a person or an authority to do or enforce the doing of an act, includes the necessary and ancillary powers to enable that person or authority to do or enforce the doing of the act.

319.     Parliament may enact legislation to give effect to an Article or a provision in this Constitution which –
(a)    confers a function or jurisdiction on a person, office, institution, council or commission;
(b)        provides for a process or procedure to be taken, followed or prescribed;
(c)    requires   an   action,   a   measure   or decision to be taken or provided;
(d)    requires a remedy or compensation to be given;
(e)    prohibits an action or measure;

(f)    deals with a specific subject-matter or general matter that would require to be legislated on in order to give effect to the Constitution; or
(g)    generally  requires   something   to  be prescribed.

320.    In this Constitution, a power conferred on a person or an authority to make a statutory instrument, a resolution or direction, includes the power to amend or revoke the statutory instrument, resolution or direction.

Time for performance of function

Exercise of power between publication and commencement of Acts

321.    A function conferred in this Constitution may be performed as occasion requires.

322.    Where    an    Article    provides    for    a    power exercisable by making a statutory instrument to –
(a)    make an appointment; or

(b)    do any other thing for the purposes of the Article;
the power may be exercised at any time on or after the date of publication of the statutory instrument in the Gazette.

ANNEX

(Article 176 (2))

FUNCTIONS OF NATIONAL, PROVINCIAL AND LOCAL LEVELS OF DEVOLVED GOVERNMENT

A.    Exclusive national functions

•    Elections

•    Foreign and international affairs

•    Budget

•    Taxation including customs and excise

•    Airports, other than district airports

•    Casinos,    racing,    gambling    and    wagering, excluding lotteries and sports pools
•    Disaster management  and public emergency

•    National parks, national botanical gardens and resources
•    National forests

•    passports and National Registration

•    Prisons

•    Refugees

•    Registration of Births and Deaths

•    Wildlife

•    Water resources management

•    Energy and hydro electricity

•    Petroleum and lubricants

•    Public roads

•    Defence, security, maintenance of law and order

•    Citizenship and immigration

•    Public enterprises

•    Regulation of commerce and manufacturing

•    Road traffic regulation

•    Land, mines, minerals and natural resources

•    Census and statistics

•    Traditional leadership

•    National archives

•    National libraries

•    National museums

•  Tertiary Education

B. Concurrent national and provincial functions

•    administration of justice

•    legal affairs

•    Administration of forests

•    Agriculture

•    Animal control and diseases

•    Consumer protection

•    Cultural matters

•    Customary law

•    Education    at    all    levels,    excluding    tertiary education
•    Environmental management

•    Health services

•    Housing

•    Industrial promotion

•    Language policy and the regulation of official languages
•    Nature conservation

•    Parliamentary Business

•    legislative procedures and processess

•    Pollution control

•    Population development

•    Property transfer tax

•    Public procurement

•    Public transport

•    Public works only in respect of the needs of provincial administration
•    Provincial spatial planning and development

•    Soil conservation

•    Tourism, trade and commerce

•    Urban and rural development

•    Welfare services

•    Industrial and labour relations

•    Resettlement

•    Investment

•    Telecommunication

C. Local Authorities exclusive functions

•    Pollution control

•    Building regulations

•    Child-care facilities

•    Electricity

•    Fire fighting services

•    Local tourism

•    District airports, Aerodromes and Airships

•    District planning

•    District health services

•    District public transport

•    District public works only in respect of the needs of Districts in the discharge of councils responsibilities    to    administer    functions specifically    assigned   to   them   under   this Constitution or other law
•    Levies, tariffs and tolls

•    Pontoons, ferries, jetties, piers and harbours, excluding the regulation of international and national shipping and matters related thereto
•    Storm water management systems in built-up areas
•    Trading

•    Water and sanitation services limited to potable water supply systems and domestic waste- water and sewage disposal systems
•    Veterinary services, excluding regulation of the veterinary profession
•    Vehicle licensing

•    Abattoirs

•    Ambulance services

•    Archives

•    Libraries

•    Liquor licencing

•    Museums

•    Local spatial planning

•    Cultural matters

•    Recreation and amenities

•    Sport

•    Roads and traffic automation and maintenance

•    Amusement facilities

•    Billboards and the display of advertisements in public places
•    Cemeteries, funeral parlours and crematoria

•    Local cleansing

•    Control of public nuisances

•    Control of undertakings that sell liquor to the public
•    Facilities  for  the  accommodation,  care  and burial of animals
•    Fencing and fences

•    Licensing of dogs

•    Licensing and control of undertakings that sell food to the public
•    Local amenities

•    Local sport facilities

•    Markets

•    Local parks and recreation

•    Local roads

•    Noise pollution

•    Pounds

•    Public places

•    Refuse removal, refuse dumps and solid waste disposal
•    Street trading

•    Street lighting

•    Traffic and parking

•    Gardens and landscaping






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