زیر مجموعه ها
قانون اساسی کشور زامبیا(انگلیسی)
اطلاعات بیشتر قانون | |||
---|---|---|---|
تصویب شده | قانون اساسی کشور ها | ||
تاریخ تصویب | 1357/11/22 | ||
شناسه | E74C05D0-4975-4507-8AF7-99A0AA5BCDB1 | ||
وضعیت | منسوخ نشده |
Zambia - Constitution
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{ Adopted on: 24 Aug 1991 }
{ Enacted on: 30 Aug 1991 }
{ ICL Document Status: 30 Aug 1991 }
Preamble
We٫ the people of Zambia٫ by our representatives assembled in our Parliament٫
havinggg solemnly resolved to constitute Zambia into a Sovereign Democratic
Republic; In Pursuance of our determination to uphold our inherent and
inviolable right to decide٫ appoint and proclaim the means and style whereby we
shall govern ourselves as a united and indivisible Sovereign State;
Proceedings from the premise that all men have the right freely to determine
and build their own political٫ economic and social system by ways and means of
their own free choice;
Determined to ensure the rights of all men to participate fully and without
hindrance in the affairs of their own government and in shaping the destiny of
their own mother land;
Recognizing that individual rights of citizens including freedom٫ justice٫
liberty and quality are founded on the realization of the rights and duties of
all men in the protection of life٫ liberty and property٫ freedom of conscience٫
expression and association within the context of our National Constitution;
Recognizing the right to work٫ to free choice of employment٫ to just and
favorable conditions of work and to protection against unemployment;
Pledging to all citizens the right to equal access to social٫ economic and
cultural services and facilities provided by the State or by public
authorities;
Recognizing that the family is the natural and fundamental unit of society and
should be protected by the State;
Pledging to every citizen the right to education;
Pledging further to all citizens the bounden duty of the State to respect the
rights and dignity of all members of the human family٫ to uphold the laws of
the State and to conduct the affairs of the state in such manner that its
resources are preserved٫ developed and enjoyed for the benefit of its citizens
as a whole;
do hereby enact and give to ourselves this Constitution.
Part I National Sovereignty and State
Article 1 [Declaration of Republic]
(1) Zambia is a sovereign Republic.
(2) This Constitution is the Supreme Law of Zambia and if any other law is
inconsistent with this Constitution٫ that other law shall٫ to the extent of the
inconsistency٫ be void;
(3) The official language of Zambia shall be English.
Article 2 [Public Seal]
The Public Seal of the Republic shall be such as may be prescribed by and under
an Act of Parliament.
Article 3 [National Anthem and National Emblem]
The National Anthem and the National Emblem shall be such as may be prescribed
by or under an Act of Parliament.
Part II Citizenship
Article 4 [Citizens of Zambia]
(1) Every person who immediately before the commencement of this Constitution
was a citizen of Zambia shall continue to be a citizen of Zambia after the
commencement of this Constitution.
(2) A person who was granted citizenship of Zambia before the commencement of
this Constitution subject to the performance
of any conditions following the happening of a future event٫ shall become a
citizen upon the performance of such conditions.
Article 5 [Children of Zambia]
A person born in or outside Zambia after the commencement of this Constitution
shall become a citizen of Zambia at the date of his birth if on that date at
least one of his parents is a citizen of Zambia.
Article 6 [Registration as Citizens]
(1) Any person who ----
(a) has attained the age of twenty-one years or is or has been married to a
citizen of Zambia; and (b) has been ordinarily resident in Zambia for a
continuous period of not less than ten years immediately preceding that
person''s application for registration; or
(c) is a woman who has been married to a citizen of Zambia for a period of more
than three years preceding 24 July 1988; shall be entitled to apply to the
Citizenship Board٫ in such manner as may be prescribed by or under an Act of
Parliament٫ to be registered as a citizen of Zambia.
(2) An application for registration as a citizen under this Article shall not
be made by or on behalf of any person who٫ under any law in force in Zambia٫ is
adjudged or otherwise declared to be of unsound mind.
(3) Parliament may provide that any period during which a person has the right
to reside in Zambia by virtue of a permit issued under the authority of any law
relating to immigration shall not be taken into account in computing the period
of ten years referred to in paragraph (b) of clause (1).
Article 7 [Powers of Parliament]
Parliament may make provision for ----
(a) the acquisition of citizenship of Zambia by persons who are not eligible to
become citizens of Zambia under this Part;
(b) depriving any person of his citizenship of Zambia:
Provided that a person who is a citizen ----
(i) by virtue of Article 5 and was citizen of Zambia before the commencement of
this Constitution otherwise than by registration or naturalization; or
(ii) by virtue of Article 6٫ shall not be deprived of his citizenship except
upon the ground that he is a citizen of a country other than Zambia; and
(c) the renunciation by any person of his citizenship of Zambia.
Article 8 [Citizenship Board]
Parliament may make provision for the establishment of a Citizenship Board to
deal with any of the matters falling under the provisions of Articles 6 or 7.
Article 9 [Cession of Citizenship]
(1) A Citizen of Zambia shall cease to be such a citizen if at any time he
acquires the citizenship of a country other than Zambia by a voluntary act
other than marriage or does any act indicating his intention to adopt or make
use of such citizenship.
(2) A person who ----
(a) becomes a citizen of Zambia by registration; and
(b) is٫ immediately after he becomes a citizen of Zambia٫ also a citizen of
some other country; shall٫ subject to clause (4)٫ cease to be a citizen of
Zambia at the expiration of three months after he becomes a citizen of Zambia
unless he has renounced the citizenship of that other country٫ taken the oath
of allegiance and made and registered such declaration of his intention
concerning residence as may be prescribed by or under an Act of Parliament.
(3) For the purpose of this Article٫ where٫ under the law of a country other
than Zambia٫ a person cannot renounce his citizenship of that other country he
need not make such renunciation but he may instead be required to make such
declaration concerning that citizenship as may be prescribed by or under an Act
of Parliament.
(4) Provision may be made by or under an Act of Parliament for extending the
period within which any person may make a renunciation of citizenship٫ take
oath or make or register a declaration for the purpose of this Article٫ and if
such provision is made that person shall cease to be a citizen of Zambia only
if at the expiration of the extended period he has not then made the
renunciation٫ taken the oath or made or registered the declaration٫ as the case
may be.
Article 10 [Interpretation]
(1) For the purpose of this Part٫ a person born aboard a registered ship or
aircraft٫ or aboard an unregistered ship or aircraft of the Government of any
country٫ shall be deemed to have been born in the place in which the ship or
aircraft was registered or٫ as the case may be٫ in that country.
(2) Any reference in this Part to the national status 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 his parent٫ be construed as a reference to the national
status of the parent at the time of the parent''s death.
(3) For the avoidance of doubt٫ it is hereby declared that a person born in
Zambia before the 1st of April٫ 1986٫ whose father was an established resident
shall continue to enjoy the rights and privileges٫ and shall remain subject to
the law prevailing immediately before that date.
(4) For the purposes of this Part ----
"Citizenship Board" means the Citizenship Board established by or under an Act
of Parliament;
"established resident" means a person who٫ immediately before the 1st April٫
1986٫ qualified for that status in accordance with the law then prevailing.
Part III Protection of Fundamental Rights and Freedom of the Individual
Article 11 [Fundamental Rights and Freedoms]
It is recognized and declared that every person in Zambia has been and shall
continue to be entitled to the fundamental rights and freedoms of the
individual٫ that is to say٫ the right٫ whatever his race٫ place of origin٫
political opinions٫ color٫ creed٫ sex or marital status٫ but subject to the
limitations contained in this Part٫ to each and all of the following٫ namely:
(a) life٫ liberty٫ security of the person and the protection of the law;
(b) freedom of conscience٫ expression٫ assembly٫ movement and association;
(c) protection of young persons from exploitation;
(d) protection for the privacy of his home and other property and from
deprivation of property without compensation;
and the provisions of this Part shall have effect for the purpose of affording
protection to those rights and freedoms subject to such limitations designed to
ensure that the enjoyment of the said rights and freedoms by any individual
does not prejudice the rights and freedoms of others or the public interest.
Article 12 [Right to Life]
(1) No person shall be deprived of his life intentionally except in
execccution of the sentence of a court in respect of a criminal offence under
the law in force in Zambia of which he has been convicted.
(2) No person shall deprive an unborn child of life by termination of pregnancy
except in accordance with the conditions laid down by an Act of Parliament for
that purpose.
(3) Without prejudice to any liability for a contravention of any other law
with respect to the use of force in such cases; as are hereinafter
mentioned٫ a person shall not be regarded as havinggg been deprived of his
life in contravention of this Article if he dies as a result of the use of
force to such extent as is reasonably justifiable in the circumstances of the
case ----
(a) for the defence of any person from violence or for the defence of property;
(b) in order to effect a lawful arrest or to prevent the escape of a person
lawfully detained;
(c) for the purpose of suppressing a riot٫ insurrection٫ mutiny or if he dies
as a result of a lawful act of war;
(d) in order to prevent the commission by that person of a criminal offence.
Article 13 [Personal Liberty]
(1) No person shall be deprived of his personal liberty except as may be
authorized by law in any of the following cases:
(a) in execccution of a sentence or order of a court٫ whether established for
Zambia or some other country٫ in respect of a criminal offence or which he has
been convicted;
(b) in execccution of an order of a court of record punishing him for contempt
of that court or of a court inferior to it;
(c) in execccution of an order of a court made to secure the fulfillment of
any obligation imposed on him by law;
(d) for the purpose of bringing him before a court in execccution of an order
of a court;
(e) upon reasonable suspicion of his havinggg committed٫ or being about to
commit٫ a criminal offence under the law in force in Zambia;
(f) under an order of a court or with the consent of his parent or guardian٫
for his education or welfare during any period ending not later than the date
when he attains the age of eighteen years;
(g) for the purpose of preventing the spread of an infectious or contagious
disease;
(h) in the case of a person who is٫ or is reasonably suspected to be٫ of
unsound mind٫ addicted to drugs or alcohol٫ or a vagrant٫ for the purpose of
this care or treatment or the protection of the community;
(i) for the purpose of preventing the unlawful entry of that person into
Zambia٫ or for the purpose of effecting the expulsion٫ extradition or other
lawful removal of that person from Zambia or for the purpose of restricting
that person while he is being conveyed through Zambia in the course of his
extradition or removal as a convicted prisoner from one country to another;
or
(j) to such extent as may be necessary in the execccution of a lawful order
requiring that person to remain within a specified area within Zambia or
prohibiting him from being within such area٫ or to such extent as may be
reasonably justifiable for the taking of proceedings against that person
relating to the making of any such order٫ or to such extent as may be
reasonably justifiable for restraining that person during any visit that he is
permitted to make to any part of Zambia in which٫ in consequence of any such
order٫ his presence would otherwise be unlawful.
(2) any person who is arrested or detained shall be informed as soon as
reasonably practicable٫ in a language that he understands٫ of the reasons for
his arrest or detention.
(3) Any person who is arrested or detained ----
(a) for the purpose of bringing him before a court in execccution of an order
of a court; or
(b) upon reasonable suspicion of his havinggg committed٫ or being about to
commit٫ a criminal offence under the law in force in Zambia;
and who is not released٫ shall be brought without undue delay before a court;
and if any person arrested or detained under paragraph (b) is not tried
within a reasonable time٫ then٫ without prejudice to any further proceedings
that may be brought against him٫ he shall be released either unconditionally or
upon reasonable conditions٫ including in particular such conditions as are
reasonably necessary to ensure that the appears at a later date for trial or
for proceedings preliminary to trial.
(4) Any person who is unlawfully arrested or detained by any other person shall
be entitled to compensation therefor from that other person.
Article 14 [Protection from Slavery and Forced Labor]
(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labor.
(3) For the purpose of this Article٫ the expression "force labor" does not
include----
(a) any labor required in consequence of a sentence or order of a court;
(b) labor required of any person while he is lawfully detained that٫ though not
required in consequence of a sentence or order of a court٫ is reasonably
necessary in the interests of hygiene or for the maintenance of the place at
which he is detained;
(c) any labor required of a member of a disciplined force in pursuance of his
duties as such or٫ in the case of a person who has conscientious objectttions
to service as a member of a naval٫ military or air force٫ any labor that that
person is required by law to perform in place of such service;
(d) any labor required during any period when the Republic is at war or a
declaration under Article 30 or 31 is in force or in the event of any other
emergency or calamity that threatens the life and well-being of the community٫
to the extent that the requiring of such labor is reasonably justifiable in the
circumstances of any situation arising or existing during that period٫ or as a
result of that other emergency or calamity٫ for the purpose of dealing with
that situation; or
(e) any labor reasonably required as part of reasonable and normal communal or
other civic obligation.
Article 15 [Protection from Inhuman Treatment]
No person shall be subjected to torture٫ or to inhuman or degrading punishment
or other like treatment.
Article 16 [Protection from Deprivation of Property]
(1) Except as provided in this Article٫ no property of any descriptttion shall
be compulsorily taken possession of٫ and no interest in or right over property
of any descriptttion shall be compulsorily acquired٫ unless by or under the
authority of an Act of Parliament which provides for payment of adequate
compensation for the property or interest or right to be taken possession of or
acquired.
(2) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of clause (1) to the extent that it
is shown that such law provides for the taking possession or acquisition of any
property or interest therein or right thereover ----
(a) in satisfaction of any tax٫ rate or due;
(b) by way of penalty for breach of any law٫ whether under civil process or
after conviction of an offence;
(c) in execccution of judgements or orders of courts;
(d) upon the attempted removal of the property in question out of or into
Zambia in contravention of any law;
(e) as an incident of a contract including a lease٫ tenancy٫ mortgage٫
charrrge٫ pledge or bill of sale or of a title deed to land;
(f) for the purpose of its administration٫ care or custody on behalf of and for
the benefit of the person entitled to the beneficial interest therein;
(g) by way of the vesting of enemy property or for the purpose of the
administration of such property;
(h) for the purpose of ----
(i) the administration of the property of a deceased person٫ a person of
unsound mind or a person who has not attained the age of eighteen years٫ for
the benefit of the persons entitled to the beneficial interest therein;
(ii) the administration of the property of a person adjudged bankrupt or a body
corporate in liquidation٫ for the benefit of the creditors of such bankrupt or
body corporate and٫ subject thereto٫ for the benefit of other persons entitled
to the beneficial interest in the property;
(iii) the administration of the property of a person who has entered into a
deed of arrangement for the benefit of his creditors; or
(iv) vesting any property subject to a trust in persons appointed as trustees
under the instrument creating the trust or by a court or٫ by order of a court٫
for the purpose of giving effect to the trust;
(i) in consequence of any law relating to the limitation of actions;
(j) in terms of any law relating to abandoned٫ unoccupied٫ unutilized or
undeveloped land٫ as defined in such law;
(k) in terms of any law relating to absent or non-resident owners٫ as defined
in such law٫ of any property;
(l) in terms of any law relating to trusts or settlements;
(m) by reason of the property in question being in a dangerous state or
prejudicial to the health or safety of human beings٫ animals or plants;
(n) as a condition in connection with the granting of permission for the
utilization of that or other property in any particular manner;
(o) for the purpose of or in connection with the prospecting for or
exploitation of٫ minerals belonging to the Republic on terms which provide for
the respective interests of the persons affected;
(p) in pursuance of a provision of the marketing of property of that
descriptttion in the common interests of the various persons otherwise
entitled to dispose of that property;
(q) by way of the taking of a sample for the purposes of any law;
(r) by way of acquisition of the shares٫ or a class of shares٫ in a body
corporate on terms agreed to by the holders of not less than nine-tenths in
value of those shares or that class of shares;
(s) where the property consists of an animal٫ upon its being found trespassing
or straying;
(t) for so long as may be necessary for the purpose of any examination٫
investigation٫ trial or inquiry or٫ in the case of the land٫ the carrying out
thereon ----
(i) of work for the purpose of the conservation of natural resources or any
descriptttion; or
(ii) of agricultural development or improvement which the owner or occupier of
the land has been required٫ and has without reasonable and lawful excuse
refused or failed٫ to carry out;
(u) where the property consists of any license or permit;
(v) where the property consists of wild animals existing in their natural
habitat or the carcasses of wild animals;
(w) where the property is held by a body corporate established by law for
public purposes and in which no moneys have been invested other than moneys
provided by Parliament;
(x) where the property is any mineral٫ mineral oil or natural gases or any
rights accruing by virtue of any title or license for the purpose of searching
for or mining any mineral٫ mineral oil or natural gases ----
(i) upon failure to comply with any provision of such law relating to the title
or license or to the exercise of the rights accruing or to the development or
exploitation of any mineral٫ mineral oil or natural gases; or
(ii) in terms of any law vesting any such property or rights in the President;
(y) for the purpose of the administration or disposition of such property or
interest or right by the President in implementation of a comprehensive land
policy or of a policy designed to ensure that the statute law٫ the Common Law
and the doctrines of equity relating to or affecting the interest in or rights
over land٫ or any other interests or right enjoyed by Chiefs and persons
claiming through and under them٫ shall apply with substantial uniformity
throughout Zambia;
(z) in terms of any law providing for the conversion of titles to land from
freehold to leasehold and the imposition of any restriction on subdivision٫
assignment or sub-letting;
(aa) in terms of any law relating to ----
(i) the forfeiture or confiscation of the property of a person who has left
Zambia for the purpose or apparent purpose٫ of defeating the ends of justice;
(ii) the imposition of a fine on٫ and the forfeiture or confiscation of the
property of٫ a person who admits a contravention of any law relating to the
imposition or collection of any duty or tax or to the prohibition or control of
dealing or transactions in gold٫ currencies٫ or securities.
(3) An Act of Parliament such as is referred to in clause (1) shall provide
that in default of agreement٫ the amount of compensation shall be determined by
a court of competent jurisdiction.
Article 17 [Privacy of Home and Other Property]
(1) Except with his own consent٫ no person shall be subjected to the search of
his person or his property or the entry by others on his premises.
(2) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of this Article to the extent that
it is shown that the law in question makes provision ----
(a) that is reasonably required in the interests of defence٫ public safety٫
public order٫ public morality٫ public health٫ town and country planning٫ the
development and utilization of mineral resources٫ or in order to secure the
development or utilization of any property for a purpose beneficial to the
community;
(b) that is reasonably required for the purpose of protecting the rights or
freedoms of other persons;
(c) that authorizes an officer or agent of the Government٫ a local government
authority or a body corporate established by law for a public purpose to enter
on the premises or anything thereon for the purpose of any tax٫ rate or due or
in order to carry out work connected with any property that is lawfully on
those premises and that belongs to that Government٫ authority٫ or body
corporate٫ as the case may be; or
(d) that authorizes٫ for the purpose of enforcing the judgement or order of a
court in any civil proceedings٫ the search of any person or property by order
of a court or entry upon any premises by such order;
and except so far as that provision or٫ as the case may be٫ anything done under
the authority thereof is shown not to be reasonably justified in a democratic
society.
Article 18 [Protection of Law]
(1) If any person is charrrged with a criminal offence٫ then٫ unless the
charrrge is withdrawn٫ the case shall be afforded a fair hearing within a
reasonable time by an independent and impartial court established by law.
(2) Every person who is charrrged with a criminal offence ----
(a) shall be presumed to be innocent until he is proved or has pleaded guilty;
(b) shall be informed as soon as reasonably practicable٫ in a language that he
understands and in detail٫ of the nature of the offence charrrged;
(c) shall be given adequate time and facilities for the preparation of his
defence;
(d) shall unless legal aid is granted him in accordance with the law enacted by
Parliament for such purpose be permitted to defend himself before the court in
person٫ or at his own expense٫ by a legal representative of his own choice;
(e) shall be afforded facilities to examine in person or by his legal
representative the witnesses called by the prosecution before the court٫ and to
obtain the attendance and carry out the examination of witnesses to testify on
his behalf before the court on the same conditions as those applying to
witnesses called by the prosecution; and
(f) shall be permitted to have without payment the assistance of an interpreter
if he cannot understand the language used at the trial of the charrrge;
and except with his own consent the trial shall not take place in his absence
unless he so conducts himself as to render the continuance of the proceedings
in his presence impracticable and the court has ordered him to be removed and
the trial to proceed in his absence.
(3) When a person is tried for any criminal offence٫ the accused person or any
person authorized by him in that behalf shall٫ if he so requires and subject to
payment of such reasonable fee as may be prescribed by law٫ be given within a
reasonable time after judgment a copy for the use of the accused person of any
record of the proceedings made by or on behalf of the court.
(4) No person shall be held to be guilty of a criminal offence on account of
any act or omission that did not٫ at the time it took place٫ constitute such an
offence٫ and no penalty shall be imposed for any criminal offence that is
severer in degree or descriptttion that the maximum penalty that might have
been imposed for that offence at the time it was committed.
(5) No person who shows that he has been tried by a competent court for a
criminal offence and either convicted or acquitted shall again be tried for
that offence or for any other criminal offence of which he could have been
convicted at the trial for that offence٫ except upon the order of a superior
court in the course of appeal or review proceedings relating to the conviction
or acquittal.
(6) No person shall be tried for a criminal offence if he shows that he has
been pardoned for that offence.
(7) No person who is tried for a criminal offence shall be compelled to give
evidence at the trial.
(8) No person shall be convicted of a criminal offence unless that offence is
defined and the penalty is prescribed in a written law: Provided that nothing
in this clause shall prevent a court of record from punishing any person for
contempt of itself notwithstanding that the act or omission constituting the
contempt is not defined in written law and the penalty therefore is not so
prescribed.
(9) Any court or other adjudicating authority prescribed by law for the
determination of the existence or extent of any civil right or obligation shall
be established by law and shall be independent and impartial; and where
proceedings for such a determination are instituted by any person before such a
court or other adjudicating authority٫ the case shall be given a fair hearing
within a reasonable time.
(10) Except with the agreement of all the parties thereto٫ all proceedings of
every court and proceedings for the determination of the existence or extent of
any civil right or obligation before any other adjudicating authority٫
including the announcement of the decision of the court or other authority٫
shall be held in public.
(11) Nothing in clause (10) shall prevent the court or other adjudicating
authority from excluding from the proceedings persons other than the parties
thereto and their legal representatives to such extent as the court or other
authority ----
(a) may consider necessary or expedient in circumstances where publicity would
prejudice the interest of justice or in interlocutory proceedings; or
(b) may be empowered by law to do in the interest of defence٫ public safety٫
public order٫ public morality٫ the welfare of persons under the age of eighteen
years or the protection of the private lives of persons concerned in the
proceedings.
(12) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of ----
(a) paragraph (a) of clause (2) to the extent that it is shown that the law in
question imposes upon any person charrrged with a criminal offence the burden
of proving particular facts;
(b) paragraph (d) of clause (2) to the extent that it is shown that the law in
question prohibits legal representation before a subordinate court in
proceedings for an offence under Zambian customary law٫ being proceedings
against any person who٫ under that law٫ is subject to that law;
(c) paragraph (e) of clause (2) to the extent that it is shown that the law in
question imposes reasonable conditions that must be satisfied if witnesses
called to testify on behalf of an accused person are to be paid their expenses
out of public funds;
(d) clause (2) to the extent that it is shown that the law provides that ----
(i) where the trial of any person for any offence prescribed by or under the
law has been adjourned and the accused٫ havinggg pleaded to the charrrge٫
fails to appear at the time fixed by the court for the resumption of his trial
after the adjournment٫ the proceedings may continue notwithstanding the absence
of the accused if the court٫ being satisfied that٫ havinggg regard to all the
circumstances of the case٫ it is just and reasonable so to do٫ so orders;
and
(ii) the court shall set aside any conviction or sentence pronounced in the
absence of the accused in respect of that offence if the accused satisfies the
court without undue delay that the cause of his absence was reasonable and that
he had a valid defence to the charrrge;
(e) clause (2) to the extent that it is shown that the law provides that a
trial of a body corporate may take place in the absence of any representative
of the body corporate upon a charrrge in respect of which a plea of not guilty
has been entered by the court;
(f) clause (5) to the extent that it is shown that the law in question
authorizes a court to try a member of a disciplined forced for a criminal
offence notwithstanding any trial and conviction or acquittal of that member
under the disciplinary law of that force٫ so٫ however٫ that any court so trying
such a member and convicting him shall in sentencing him to any punishment take
into account any punishment awarded him under that disciplinary law.
(13) In the case of any person who is held in lawful detention٫ clause (1)٫
paragraphs (d) and (e) of clause (2) and clause (3) shall not apply in relation
to his trial for a criminal offence under the law regulating the discipline of
persons held in detention.
(14) In its application to a body corporate clause (2) shall have effect as if
the words "in person or" were omitted from paragraph (d) and (e).
(15) In this Article "criminal offence" means a criminal offence under the law
in force in Zambia.
Article 19 [Freedom of Conscience]
(1) Except with his own consent٫ no person shall be hindered in the enjoyment
of his freedom of conscience٫ and for the purposes of this Article the said
freedom includes freedom of thought and religion٫ freedom to change his
religion or belief٫ and freedom٫ either alone or in community with others٫ and
both in public and in private٫ to manifest and propagate his religion or belief
in worship٫ teaching٫ practice and observance.
(2) Except with his own consent٫ or٫ if he is a minor٫ the consent of his
guardian٫ no person attending any place of education shall be required to
receive religious instruction or to take part in or attend any religious
ceremony or observance if that instruction٫ ceremony or observance relates to a
religion other than his own.
(3) No religious community or denomination shall be prevented from providing
religious instruction for persons of that community or denomination in the
course of any education provided by the community or denomination or from
establishing and maintaining institutions to provide social services for such
persons.
(4) No person shall be compelled to take any oath which is contrary to his
religion or belief or to take any oath in a manner which is contrary to his
religion or belief.
(5) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of this Article to the extent that
it is shown that the law in question makes provision which is reasonably
required ----
(a) in the interests of defence٫ public safety٫ public order٫ public morality
or public health; or
(b) for the purpose of protecting the rights and freedoms of other persons٫
including the right to observe and practice any religion without the
unsolicited intervention of members of any other religion;
and except so far as that provision or٫ the thing done under the authority
thereof as the case may be٫ is shown not to be reasonably justified in a
democratic society.
Article 20 [Freedom of Expression]
(1) Except with his own consent٫ no person shall be hindered in the enjoyment
of his freedom of expression٫ that is to say٫ freedom to hold opinions without
interference٫ freedom to receive ideas and information without interference٫
freedom to impart and communicate ideas and information without interference٫
whether the communication be to the public generally or to any person or class
of persons٫ and freedom from interference with his correspondence.
(2) Subject to the provisions of this Constitution no law shall make any
provision that derogates from freedom of the press.
(3) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of this Article to the extent that
it is shown that the law in question makes provision ----
(a) that is reasonably required in the interests of defence٫ public safety٫
public order٫ public morality or public health; or
(b) that is reasonably required for the purpose of protecting the reputations٫
rights and freedoms of other persons or the private lives of persons concerned
in legal proceedings٫ preventing the disclosure of information received in
confidence٫ maintaining the authority and independence of the courts٫
regulating educational institutions in the interests of persons receiving
instruction therein٫ or the registration of٫ or regulating the
technical administration or the technical operation of٫ newspapers and other
publications٫ telephony٫ telegraphy٫ posts٫ wireless broadcasting or
television; or
(c) that imposes restrictions on public officers; and except so far as that
provision or٫ the thing done under the authority thereof as the case may be٫ is
shown not to be reasonably justifiable in a democratic society.
Article 21 [Freedom of Assembly and Association]
(1) Except with his own consent٫ no person shall be hindered in the enjoyment
of his freedom of assembly and association٫ that is to say٫ his right to
assemble freely and associate with other persons and in particular to form or
belong to any political party٫ trade unionnn or other association for the
protection of his interests.
(2) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of this Article to the extent that
it is shown that the law in question makes provision ----
(a) that is reasonably required in the interests of defence٫ public safety٫
public order٫ public morality or public health;
(b) that is reasonably required for the purpose of protecting the rights or
freedoms of other persons;
(c) that imposes restrictions upon public officers; or
(d) for the registration of political parties or trade unionnns in a register
established by or under a law and for imposing reasonable conditions relating
to the procedure for entry on such register including conditions as to the
minimum number of persons necessary to constitute a trade unionnn qualified
for registration;
and except so far as that provision or٫ the thing done under the authority
thereof as the case may be٫ is shown not to be reasonably justifiable in a
democratic society.
Article 22 [Freedom of Movement]
(1) Subject to the other provision of this Article and except in accordance
with any other written law٫ no citizen shall be deprived of his freedom of
movement٫ and for the purposes of this Article freedom of movement means ----
(a) the right to move freely throughout Zambia:
(b) the right to reside in any part of Zambia; and
(c) the right to leave Zambia and to return to Zambia.
(2) Any restrictions on a person''s freedom of movement that relates to his
lawful detention shall not be held to be inconsistent with or in contravention
of this Article.
(3) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of this Article to the extent that
it is shown that the law in question makes provision ----
(a) for the imposition of restrictions that are reasonably required in the
interests of defence٫ public safety٫ public order٫ public morality or public
health or the imposition or restrictions on the acquisition or use by any
person of land or other property in Zambia٫ and except so far as that provision
or٫ the thing done under the authority thereof٫ as the case may be٫ is shown
not be reasonably justifiable in a democratic society;
(b) for the imposition of restrictions on the freedom of movement of any person
who is not a citizen of Zambia;
(c) for the imposition of restrictions upon the movement or residence within
Zambia of public officers; or
(d) for the removal of a person from Zambia to be tried outside Zambia for a
criminal offence or to undergo imprisonment in some other country in
execccution of the sentence of a court in respect of a criminal offence under
the law in force in Zambia of which he has been convicted.
Article 23 [Protection from Discrimination]
(1) Subject to clauses (4)٫ (5) and (7)٫ no law shall make any provision that
is discriminatory either of itself or in its effect.
(2) Subject to clauses (6)٫ (7) and (8)٫ no person shall be treated in a
discriminatory manner by any person acting by virtue of any written law or in
the performance of the functions of any public office or any public authority.
(3) In this Article the expression "discriminatory" mean٫ affording different
treatment to different persons attributable٫ wholly or mainly to their
respective descriptttions by race٫ tribe٫ sex٫ place of origin٫ marital
status٫ political opinions color or creed whereby persons of one such
descriptttion are subjected to disabilities or restrictions to which persons
of another such descriptttion are not made subject or are accorded privileges
or advantages which are not accorded to persons of another such descriptttion.
(4) Clause (1) shall not apply to any law so far as that law makes provision
----
(a) for the appropriation of the general revenues of the Republic;
(b) with respect to persons who are not citizens of Zambia;
(c) with respect to adoption٫ marriage٫ divorce٫ burial٫ devolution of property
on death or other matters of personal law;
(d) for the application in the case of members of a particular race or tribe٫
of customary law with respect to any matter to the exclusion of any law with
respect to that matter which is applicable in the case of other persons; or
(e) whereby persons of any such descriptttion as is mentioned in clause (3)
may be subjected to any disability or restriction or may be accorded any
privilege or advantage which٫ havinggg regard to its nature and to special
circumstances pertaining to those persons or to persons of any other such
descriptttion٫ is reasonably justifiable in a democratic society.
(5) Nothing contained in any law shall be held to be inconsistent with or in
contravention of clause (1) to the extent that it is shown that it makes
reasonable provision with respect to qualifications for service as a public
officer or as a member of a disciplined force or for the service of a local
government authority or a body corporate established directly by any law.
(6) Clause (2) shall not apply to anything which is expressly or by necessary
implication authorized to be done by any such provision or law as is referred
to in clause (4) or (5).
(7) No thing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of this Article to the extent that
it is shown that the law in question makes provision whereby persons of any
such descriptttion as is mentioned in clause (3) may be subjected to any
restriction on the rights and freedoms guaranteed by Articles 17٫ 19٫ 20٫ 21
and 22٫ being such a restriction as is authorized by clause (2) of Article 17٫
clause (5) of Article 19٫ clause (2) of Article 20٫ clause (2) of Article 21 or
clause (3) of Article 22٫ as the case may be.
(8) Nothing in clause (2) shall affect any discretion relating to the
institution٫ conduct or discontinuance of civil or criminal proceedings in any
court that is vested in any person by or under this Constitution or any other
law.
Article 24 [Protection of Young Persons from Exploitation]
(1) No young person shall be employed and shall in no case be caused or
permitted to engage in any occupation or employment which would prejudice his
health or education or interfere with his physical٫ mental or moral
development: Provided that an Act of Parliament may provide for the employment
of a young person for a wage under certain conditions.
(2) All young persons shall be protected against physical or mental
ill-treatment٫ all forms of neglect٫ cruelty or exploitation.
(3) No young person shall be the subject of traffic in any form.
(4) In this Article "young person" means any person under the age of fifteen
years.
Article 25 [Derogation from Fundamental Rights and Detention]
Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of Articles 13٫ 16٫ 17٫ 19٫ 20٫ 21٫ 22٫
23٫ or 24 to the extent that it is shown that the law in question authorizes
the taking٫ during any period when the Republic is at war or when a declaration
under Article 30 is in force٫ or measures for the purpose of dealing with any
situation existing or arising during that period; and nothing done by any
person under the authority of any such law shall be held to be in contravention
of any of the said provisions if it is shown that the measures taken were٫
havinggg due regard to the circumstances prevailing at the time٫ reasonably
required for the purpose of dealing with the situation in question.
Article 26 [Restriction and Detention]
(1) where a person''s freedom of movement is restricted٫ or he is detained٫
under the authority of any such law as is referred to in Article 22 or 25٫ as
the case may be٫ the following provisions shall apply ----
(a) he shall٫ as soon as reasonably practicable and in any case not more than
fourteen days after the commencement of his detention or restriction٫ be
furnished with a statement in writing in a language that he understands
specifying in detail the grounds upon which he is restricted or detained;
(b) not more than fourteen days after the commencement of his restriction or
detention a notification shall be published in the Gazette stating that he has
been restricted or detained and giving particulars of the place of detention
and the provision of law under which his restriction or detention is
authorized;
(c) if he so requests at any time during the period of such restriction or
detention not earlier than three months after the commencement thereof or after
he last made such a request during that period٫ as the case may be٫ his case
shall be reviewed by an independent and impartial tribunal established by law
and presided over by a person٫ appointed by the Chief Justice٫ who is or is
qualified to be a judge of the High Court;
(d) he shall be afforded reasonable facilities to consult a legal
representative of his own choice who shall be permitted to make representations
to the authority by which the restriction or detention was ordered or to any
tribunal established for the review of his case; and
(e) at the hearing of his case by such tribunal he shall be permitted to appear
in person or by a legal representative of his own choice.
(2) On any review by a tribunal under this Article٫ the tribunal shall advise
the authority by which it was ordered on the necessity or expediency of
continuing his restriction or detention and that authority shall be obliged to
act in accordance with any such advice.
(3) The President may at any time refer to the tribunal the case of any person
who has been or is being restricted or detained pursuant to any restriction or
detention order.
(4) Nothing contained in paragraph (d) or (e) of clause (1) shall be construed
as entitling a person to legal representation at public expense.
(5) Parliament may make or provide for the making of rules to regulate the
proceedings of any such tribunal including but without derogating from the
generality of the foregoing٫ rules as to evidence and the admissibility
thereof٫ the receipt of
evidence including written reports in the absence of the restricted or detained
person and his legal representative٫ and the exclusion of the public from the
whole or any portion of the proceedings.
(6) Clauses (11) and (12) or Article 18 shall be read and construed subject to
the provisions of this Article.
Article 27 [Reference of Certain Matters to Special Tribunal]
(1) Whenever ----
(a) a request is made in accordance with clause (2) for a report on a bill or
statutory instrument; or
(b) the Chief Justice considers it necessary for the purpose of determining
claims for legal aid in respect of proceedings under Article 30 or 31; the
Chief Justice shall appoint a tribunal which shall consist of two persons
selecttted by him from amongst persons who hold or have held the office of a
judge of the Supreme Court or the High Court.
(2) A request for a report on a bill or a statutory instrument may be made by
not less than thirty members of the National Assembly by notice in writing
delivered ----
(a) in the case of a bill٫ to the Speaker within three days after the final
reading of the bill in the Assembly.
(b) in the case of a statutory instrument٫ to the authority havinggg power to
make the instrument within fourteen days of the publication of the instrument
in the Gazette.
(3) Where a tribunal is appointed under this Article for the purpose of
reporting on a bill or a statutory instrument٫ the tribunal shall٫ within the
prescribed period٫ submit a report to the President and to the Speaker of the
National Assembly stating ----
(a) in the case of a bill٫ whether or not in the opinion of the tribunal any٫
and if so which٫ provisions of the bill are inconsistent with this
Constitution;
(b) in the case of a statutory instrument٫ whether or not in the opinion of the
tribunal any٫ and if so which٫ provisions of the instrument are inconsistent
with this Constitution;
and٫ if the tribunal reports that any provision would be or is inconsistent
with this Constitution٫ the grounds upon which the tribunal has reached that
conclusion. Provided that if the tribunal considers that the request for a
report on a bill or statutory instrument is merely frivolous or vexatious٫ it
may so report to the President without entering further upon the question
whether the bill or statutory instrument would be or is inconsistent with this
Constitution.
(4) In determining any claim for legal aid as referred to in clause (2)٫ the
tribunal may grant to any person who satisfies it that ----
(a) he intends to bring or is an applicant in proceedings under clause (1) or
(4) of Article 28;
(b) he has reasonable grounds for bringing the application; and
(c) he cannot afford to pay for the cost of the application;
a certificate that the application is a proper case to be determined at public
expenses: Provided that paragraph (c) shall not apply in any case where the
application relates to the validity or a provision of law in respect of which
the tribunal has reported that it would be or is inconsistent with this
Constitution or where it appears to the tribunal that issues are or will be
raised in the application which are of general importance.
(5) Where a certificate is granted to any person by the tribunal in pursuance
of clause (4)٫ there shall be paid to that person out of the general revenues
of the Republic such amount as the tribunal٫ when hearing the application٫ may
assess as the costs incurred by that person in connection with the application;
and the sums required for making such payment shall be a charrrge on the
general revenue of the Republic.
(6) For the purposes of clause (5) ----
(a) the costs incurred in an application shall include the cost of obtaining
the advice of a legal representative and٫ if necessary٫ the cost of
representation by a legal representative in any court in steps preliminary or
incidental to the application;
(b) in assessing the costs reasonably incurred by a person in an application
regard shall be had to costs awarded against that person or recovered by him in
those proceedings.
(7) In this Article٫ "prescribed period" means ----
(a) in relation to a bill٫ the period commencing from the appointment of the
tribunal to report upon the bill and ending thirty days thereafter or if the
Speaker٫ on the application of the tribunal considers that owing to the length
or complexity of the bill thirty days is insufficient for consideration of the
bill٫ ending on such later day as the Speaker may determine;
(b) in relation to a statutory instrument٫ the period of forty days commencing
with the day on which the instrument is published in the Gazette.
(8) Nothing in clause (1)٫ (2) or (3) shall apply to a bill for the
appropriation of the general revenues of the Republic or a bill containing only
proposals for expressly altering this Constitution or the Constitution of
Zambia Act٫ 1991.
Article 28 [Enforcement of Protective Provisions]
(1) Subject to clause (5)٫ if any person alleges that any of the provisions of
Articles 11 to 26 inclusive has been٫ is being or is likely to be contravened
in relation to him٫ then٫ without prejudice to any other action with respect to
the same matter which is lawfully available٫ that person may apply for redress
to the High Court which shall ----
(a) hear and determine any such application;
(b) determine any question arising in the case of any person which is referred
to it in pursuance of clause (2); and which may٫ make such order٫ issue such
writs and give such directions as it may consider appropriate for the purpose
of enforcing٫ or securing the enforcement of٫ any of the provisions of Articles
11 to 26 inclusive.
(2)(a) If in any proceedings in any subordinate court any question arises as to
the contravention of any of the provisions of Articles 11 to 26 inclusive٫ the
person presiding in that court may٫ and shall if any party to the proceedings
so requests٫ refer the question to the High Court unless٫ in his opinion the
raising of the question is merely frivolous or vexatious.
(b) Any person aggrieved by any determination of the High Court under this
Article may appeal therefrom to the Supreme Court: Provided that no appeal
shall lie from a determination of the High Court under this Article dismissing
an application on the ground that it is frivolous and vexatious.
(3) No application shall be brought under clause (1) on the grounds that the
provisions of Articles 11 to 26 (inclusive) are likely to be contravened by
reason of proposals contained in any bill which٫ at the date of the
application٫ has not become a law.
(4) Parliament may confer upon the Supreme Court or High Court such
jurisdiction or powers in addition to those conferred by this Article as may
appear to be necessary or desirable of the purpose of enabling that Court more
effectively to exercise the jurisdiction conferred upon it by this Article or
of enabling any application for redress to be more speedily determined.
Article 29 [Declaration of War]
(1) The President may٫ in consultation with Cabinet٫ at any time٫ by
Proclamation published in the Gazette declare war.
(2) A declaration made under clause (1) shall continue in force until the
cessation of hostilities.
(3) An Act of Parliament shall provide for the conditions and circumstances
under which a declaration may be made under clause (1).
Article 30 [Declaration of Public Emergency]
(1) The President may٫ in consultation with Cabinet٫ at any time٫ by
Proclamation published in the Gazette declare that a State of public emergency
exists.
(2) A declaration made under clause (1) of this Article shall cease to have
effect on the expiration of a period of seven days commencing with the day on
which the declaration is made unless٫ before the expiration of such period٫ it
has been approved by a resolution of the National Assembly supported by a
majority of all the members thereof not counting the Speaker.
(3) In reckoning any period of seven days for the purposes of clause (2) no
account shall be taken of any time during which Parliament is dissolved.
(4) A declaration made under clause (1) may٫ at any time before it has been
approved by a resolution of the National Assembly٫ be revoked by the President
by Proclamation published in the Gazette.
(5) Subject to clause (6) a resolution of the National Assembly under clause
(2) will continue in force until the expiration of a period of three months
commencing with the date of its being approved or until revoked at such earlier
date of its being so approved or until such earlier date as may be specified in
the resolution. Provided that the National Assembly may٫ by majority of all the
members thereof٫ not counting the Speaker extend the approval of the
declaration for periods of not more than three months at a time.
(6) The National Assembly may٫ by resolution٫ at any time revoke a resolution
made by it under this Article.
(7) Whenever an election to the office of President results in a change of the
holder of that office٫ any declaration made under this Article and in force
immediately before the day on which the President assumes office shall cease to
have effect on the expiration of seven days commencing with that day.
(8) The expiration or revocation of any declaration or resolution made under
this Article shall not affect the validity of anything previously done in
reliance on such declaration.
Article 31 [Declaration Relating to Threatened Emergency]
(1) The President may at any time by the Proclamation published in the Gazette
declare that a situation exists which٫ if it is allowed to continue may lead to
a state of public emergency.
(2) A declaration made under clause (1) of this Article shall cease to have
effect on the expiration of a period of seven days commencing with the day on
which the declaration is made unless٫ before the expiration of such period٫ it
has been approved by a resolution of the National Assembly supported by a
majority of all the members thereof not counting the Speaker.
(3) In reckoning any period of seven days for the purpose of clause (2) no
account shall be taken of any time during which Parliament is dissolved.
(4) A declaration made under clause (1)٫ may٫ at any time before it has been
approved by a resolution of the National Assembly٫ be revoked by the President
by Proclamation published in the Gazette.
(5) Subject to clause (6) a resolution of the National Assembly under clause
(2) shall continue in force until the expiration of a period of three months
commencing with the date of its being approved or until revoked on an earlier
date of its being so approved or until such earlier date as may be specified in
the resolution.
(6) The National Assembly may by resolution٫ at any time revoke a resolution
made by it under this Article.
(7) Whenever an election to the office of President results in a change in the
holder of that office٫ any declaration made under
this Article and in force immediately before the day on which the President
assumes office٫ shall cease to have effect on the expiration of seven days
commencing with that day.
(8) The expiration or revocation of any declaration or resolution made under
this Article shall not affect the validity of anything previously done in
reliance on such declaration.
Article 32 [Interpretation and Savings]
(1) In this Part٫ unless the context otherwise requires ----
"contravention"٫ in relation to any requirement٫ includes a failure to comply
with that requirement and cognate expressions shall be construed accordingly;
"court" means any court of law havinggg jurisdiction in Zambia٫ other than
a court established by a disciplinary law٫ and in Articles 12 and 14 includes a
court established by a disciplinary law; "disciplinary law" means a law
regulating the disciplined force;
"disciplined force" means ----
(a) a naval٫ military or air force;
(b) the Zambia Police Force; or
(c) any other force established by or under an Act of Parliament;
"legal representative" means a person entitled to practice in Zambia as an
advocate;
"member"٫ in relation to a disciplined force٫ includes any person who٫ under
the law regulating the discipline of that force is subject to that discipline.
(2) In relation to any person who is a member of a disciplined force raised
under the law of Zambia٫ nothing contained in or done under the authority of
the disciplinary law of that force shall be held to be inconsistent with or in
contravention of any of the provisions of this Part other than Articles 12٫ 14٫
and 15.
(3) In relation to any person who is a member of a disciplinary force raised
otherwise than as aforesaid and lawfully present in Zambia٫ nothing contained
in or done under the authority of the disciplinary law of that force shall be
held to be inconsistent with or in contravention of any of the provisions of
this part.
Part IV The execccutive
Article 33 [The office of President]
(1) There shall be a President of the Republic of Zambia who shall be the Head
of State and of the Government and the Commander-in-Chief of the Defence
Forces.
(2) The execccutive power of the Republic of Zambia shall vest in the
President and٫ subject to the other provisions of this Constitution٫ shall be
exercised by him either directly or through officers subordinate to him.
Article 34 [Election of President]
(1) The election of the President shall be direct by universal adult suffrage
and by secret ballot and shall be conducted in accordance with this Article and
as may be prescribed by or under an Act of Parliament.
(2) An election to the office of President shall be held whenever the National
Assembly is dissolved and otherwise as provided by Article 38.
(3) A person shall be qualified to be a candidate for election as President if
he ----
(a) is a citizen of Zambia;
(b) has attained the age of thirty-five years;
(c) is a member of٫ or is sponsored by٫ a political party; and
(d) is otherwise qualified to be elected as a member of the National Assembly.
(4) A candidate for election as President (hereinafter referred to as a
Presidential candidate) shall deliver his nomination papers
to the returning officer in such manner٫ on such day٫ at such time and at such
place as may be prescribed by or under an Act of Parliament.
(5) A Presidential candidate shall not be entitled to take part in an election
unless ----
(a) he has paid such election fee as may be prescribed by or under an Act of
Parliament on or before the date fixed by the Electoral Commission in that
behalf; and
(b) he makes٫ by statutory declaration which shall be open to public inspection
at such time and at such place as may be prescribed by or under an Act of
Parliament٫ a full declaration of his assets and liabilities; and
(c) his nomination is supported by not less than 200 registered voters.
(6) At an election to the office of President ----
(a) all persons registered in Zambia as voters for the purposes of elections to
the National Assembly shall be entitled to vote in the election;
(b) the poll shall be taken by a secret ballot on such day٫ at such time٫ in
such places and in such manner as may be prescribed by or under an Act of
Parliament; and
(c) after the expiration of the time fixed for polling٫ the votes cast shall be
counted and the returning officer shall declare the result.
(7) If٫ at the initial poll٫ a Presidential candidate receives more than fifty
per cent of the valid votes cast٫ the returning officer shall declare him to be
elected as President.
(8) If٫ at the initial poll٫ no Presidential candidate receives more than fifty
per cent of the valid votes cast٫ a further poll shall be taken in accordance
with clause (6).
(9) If٫ at the second poll٫ there is still no Presidential candidate who has
received more than fifty per cent of the valid votes cast or there are two
Presidential candidates who have an equal number of votes٫ the returning
officer shall so report to the President who shall summon Parliament to elect
the new President.
(10) The President shall submit to the National Assembly the names of those
candidates who received the highest and the next highest number of valid votes
cast٫ or the names of the Presidential candidates who have received an equal
number of votes٫ and a session of the National Assembly shall then be held for
the purpose of electing the President.
(11) At the session held in accordance with clause (10)٫ the Presidential
candidate who receives the greatest number of the valid votes cast by the
members of the National Assembly present and voting shall be declared
President.
(12) Where there is only one qualified Presidential candidate nominated for
election٫ that candidate shall be declared as elected without an election
taking place.
(13) A person elected to the office of President under this Article shall
assume that office on the day upon which he is elected and sworn in.
Article 35 [Tenure of Office of President]
(1) Subject to clause (2) and (4) every President shall hold office for a
period of five years.
(2) After the commencement of this Constitution no person who holds or has held
office as President for two terms of five years each٫ shall be eligible for
re-election to that office.
(3) For the purposes of clause (2) the period of two terms of five years each
shall be computed from the commencement of this Constitution.
(4) The President may٫ at any time by writing under his hand addressed to the
Speaker of the National Assembly resign his office.
(5) A person assuming the office of the President in accordance with this
Constitution shall unless ----
(a) he resigns his office; or
(b) he ceases to hold office by virtue of Article 36 or 37.
(c) the National Assembly is dissolved;
continue in office until the person elected at the next election to the office
of President assumes office.
Article 36 [Removal of President on Grounds of Incapacity]
(1) If it is resolved by a majority of all the members of the Cabinet that the
question of the physical or mental capacity of the President to discharrrge
the functions of his office ought to be investigated٫ and they so inform the
Chief Justice٫ then the Chief Justice shall appoint a board consisting of not
less than three persons selecttted by him from among persons who are qualified
as medical practitioners under the law of Zambia or under the law of any other
country in the Commonwealth٫ and the board shall inquire into the matter and
report to the Chief Justice on whether or not the President is٫ by reason of
any infirmity of body or mind٫ incapable of discharrrging the functions of his
office.
(2) If the board reports that the President is incapable of discharrrging the
functions of his office٫ the Chief Justice shall certify in writing accordingly
and thereupon the President shall cease to hold office.
(3) Where the Cabinet resolve that the question of the physical or mental
capacity of the President to discharrrge the functions of his office shall be
investigated٫ the President shall٫ until another person assumes the office of
President or the board appointed under clause (1) reports that the President is
not incapable of discharrrging the functions of his office٫ whichever is
earlier٫ cease to perform the functions of his office and those functions shall
be performed by ----
(a) the Vice-President; or
(b) in the absence of the Vice-President or if the Vice-President is unable٫ by
reason of physical or mental infirmity٫ to discharrrge the functions of his
office٫ by such member of the Cabinet as the Cabinet shall elect: Provided that
any person performing the functions of the office of President under this
clause shall not dissolve the National Assembly nor٫ except on the advice of
the Cabinet٫ revoke any appointment made by the President.
(4) A motion for the purposes of clause (1) may be proposed at any meeting of
the Cabinet.
(5) For the purposes of this Article٫ a certificate of the Chief Justice that
the President is٫ by reason of physical or mental infirmity٫ unable to
discharrrge the functions of this office shall be conclusive and shall not be
questioned in any court.
Article 37 [Impeachment of President for Violation of Constitution]
(1) If notice in writing is given to the Speaker of the National Assembly
signed by not less than one-third of all the members of the Assembly of a
motion alleging that the President has committed any violation of the
Constitution or any gross misconduct and specifying the particulars of the
allegations and proposing that a tribunal be established under this Article to
investigate those allegations٫ the Speaker shall ----
(a) if Parliament is then sitting or has been summoned to meet within five
days٫ cause the motion to be considered by the Assembly within seven days of
the notice;
(b) if Parliament is not then sitting (and notwithstanding that it may be
prorogued) summon the Assembly to meet within twenty-one days of the notice and
cause the motion to be considered at that meeting.
(2) Where a motion under this Article is proposed for consideration by the
National Assembly٫ the Assembly shall not debate the motion but the person
presiding in the Assembly shall forthwith cause a vote to be taken on the
motion and if the
motion is supported by the votes of not less than two-thirds of all the members
of the Assembly٫ shall declare the motion to be passed.
(3) If the motion is declared to be passed under clause (2) ----
(a) the Chief Justice shall appoint a tribunal which shall consist of a
Chairman and not less than two other members selecttted by the Chief Justice
from among persons who hold or have held high judicial office;
(b) the tribunal shall investigate the matter and shall report to the National
Assembly whether it finds the particulars of the allegations specified in the
motion to have been substantiated;
(c) the President shall have the right to appear and be represented before the
tribunal during its investigation of the allegations against him.
(4) If the tribunal reports to the National Assembly that the tribunal finds
that the particulars of any allegation against the President specified in the
motion have not been substantiated no further proceedings shall be taken under
this Article in respect of that allegation.
(5) If the tribunal reports to the National Assembly that the tribunal finds
that the particulars of any allegation specified in the motion have been
substantiated٫ the Assembly may٫ on a motion supported by the votes of not less
than three-quarters of all members of the Assembly٫ resolve that the President
has been guilty of such violation of the Constitution or٫ as the case may be
such gross misconduct as it is incompatible with his continuance in office as
President and٫ if the Assembly so resolves٫ the President shall cease to hold
office upon the third day following the passage of the resolution.
(6) No proceedings shall be taken or continued under this Article at any time
when Parliament is dissolved.
Article 38 [Vacancy in Office of President]
(1) An election to fill a vacancy in the office of President caused by
expiration of the period of five years referred to in clause (1) of Article 35
shall be completed in accordance with Article 34 before the expiration of that
period.
(2) If the office of the President becomes vacant by reason of his death or
resignation or by reason of his ceasing to hold office by virtue of Article 36٫
37٫ or 88٫ an election to the office of President shall be held in accordance
with Article 34 within six months from the date of the office becoming vacant.
(3) Whenever the office of President becomes vacant٫ the Vice-President or٫ in
the absence of the Vice-President or if the Vice-President is unable٫ by reason
of physical or mental infirmity٫ to discharrrge the functions of his office٫ a
member of the Cabinet elected by the Cabinet shall perform the functions of the
office of President until a person elected as President in accordance with
Article 34 assumes office.
(4) The Vice-President or٫ the member of the Cabinet as the case may be٫
performing the functions of the office of the President under clause (3) shall
not dissolve the National Assembly nor٫ except on the advice of the Cabinet٫
revoke any appointment made by the President.
Article 39 [Discharrrge of Functions of President During Absence or Illness]
(1) Whenever the President is absent from Zambia or considers it desirable so
to do by reason of illness or for any other cause٫ he may by direction in
writing٫ authorize the Vice-President٫ or where the Vice-President is absent
from Zambia or incapable of discharrrging the functions of the office of
President٫ any other person٫ to discharrrge such functions of the office of
President as he may specify٫ and the Vice-President or such other person may
discharrrge those functions until his authority is revoked by the President.
(2) If the President is incapable by reason of physical or mental infirmity of
discharrrging the functions of his office and the infirmity is of such a
nature that the President is unable to authorize another person under this
Article to perform those functions ----
(a) the Vice-President; or
(b) during any period when the Vice-President is absent from Zambia or is
himself٫ by reason of physical or mental infirmity٫ unable to perform the
functions of his office٫ such member of the Cabinet as the Cabinet shall elect;
shall perform the functions of the office of President. Provided that any
person performing the functions of the office of President under this clause
shall not dissolve the National Assembly nor٫ except on the advice of the
Cabinet٫ revoke any appointment made by the President.
(3) Any person performing the functions of the office of President by virtue of
clause (2) shall cease to perform those functions if he is notified by the
President that the President is about to resume those functions or if another
person is elected as٫ and assumes the office of٫ President.
(4) For the purpose of subclause (2)٫ a certificate of the Chief Justice that
----
(a) the President is incapable by reason of physical or mental infirmity of
discharrrging the functions of his office and that the infirmity is of such a
nature that the President is unable to authorize another person under this
Article to perform those functions; or
(b) the Vice-President is by reason of physical or mental infirmity unable to
discharrrge the functions of his office:
shall be conclusive and shall not be questioned in any court: Provided that any
such certificate as is referred to in paragraph (a) shall cease to have effect
if the President notifies any person under clause (3) that he is about to
resume the functions of the office of the President or if another person is
elected as٫ and assumes the office of٫ President.
Article 40 [Oath of President]
A person assuming the office of President٫ shall before entering the office٫
take and subscribe such oaths as may be prescribed by or under an Act of
Parliament.
Article 41 [Returning Officer at Elections of President]
(1) The Chief Justice shall be the returning officer for the purpose of
elections to the office of President.
(2) Any question which may arise as to whether ----
(a) any provisions of this Constitution or any law relating to the election of
a President has been complied with; or
(b) any person has been validly elected as President under Article 34; shall
be referred to and determined by the Supreme Court.
Article 42 [Salary and Allowances of President]
(1) The President shall receive such salary and allowances as may be prescribed
by an Act of Parliament; and they shall be a charrrge on the general
revenues of the Republic.
(2) The salary and allowances of the President shall not be altered to his
disadvantage during his term of office.
(3) A person who has held the office of President shall receive such pension
and such gratuity as may be prescribed by an Act of Parliament٫ and that
pension and gratuity shall be a charrrge on the general revenues of the
Republic.
Article 43 [Protection of President in Respect of Legal Proceedings]
(1) No civil proceedings shall be instituted or continued against the person
holding the office of President or performing the functions of that office in
respect of which relief is claimed
against him in respect of anything done or omitted to be done in his private
capacity.
(2) No person holding the office of President or performing the functions of
that office shall be charrrged with any criminal offence or be amenable to the
criminal jurisdiction of any court in respect of any act done or omitted to be
done during his tenure of that office or as the case may be٫ during his
performance of the functions of that office.
(3) No person who has held٫but no longer holds٫ the office of President shall
be charrrged with a criminal offence or be amenable to the criminal
jurisdiction of any court in respect of any act done or omitted to be done by
him in his personal capacity while he held office of President٫ unless the
National Assembly has٫ by resolution٫ determined that such proceedings would
not be contrary to the interests of the State.
(4) Where provision is made by law limiting the time within which proceedings
of any descriptttion may be brought against any person٫ the term of any person
in the office of President shall not be taken into account in calculating any
period of time prescribed by that law which determines whether any such
proceedings as are mentioned in clause (1) and (3) may be brought against that
person.
Article 44 [Functions of President]
(1) As the Head of the State٫ the President shall perform with dignity and
leadership all acts necessary or expedient for٫ or reasonably incidental to٫
the discharrrge of the execccutive functions of government٫ subject to the
overriding terms of this Constitution and the Laws of Zambia which he is
constitutionally obliged to protect٫ administer and execccute.
(2) Without prejudice to the generality of clause (1)٫ the President may
preside over meetings of the Cabinet and shall have the power٫ subject to this
Constitution٫ to ----
(a) dissolve the National Assembly as provided in Article 88;
(b) accredit٫ receive and recognize ambassadors٫ and to appoint ambassadors٫
plenipotentiaries٫ diplomatic representatives and consuls;
(c) pardon or reprieve offenders٫ either unconditionally or subject to such
conditions as he may consider fit;
(d) negotiate and sign international agreements and to delegate the power to do
so;
(e) establish and dissolve such Government Ministries and Departments subject
to the approval of the National Assembly;
(f) confer such honors as he considers appropriate on citizens٫ residents and
friends of Zambia in consultation with interested and relevant persons and
institutions; and
(g) appoint such persons as are required by this Constitution or any other law
to be appointed by him.
(3) Subject to the provisions of this Constitution dealing with assent to laws
passed by Parliament and the promulgation and publication of such laws in the
Gazette٫ the President shall have power to ----
(a) sign and promulgate any proclamation which by law he is entitled to
proclaim as President; and
(b) initiate٫ in so far as he considers it necessary and expedient٫ laws for
submission and consideration by the National Assembly.
(4) When any appointment to an office to be made by the President is expressed
by any provision of this Constitution to be subject to ratification by the
National Assembly ----
(a) the National Assembly shall not unreasonably refuse or delay such
ratification but the question whether the Assembly has so acted unreasonably
shall not be enquired into by any court;
(b) if such ratification is refused the President may appoint another person to
the office in question and shall submit the appointment for ratification;
(c) if the National Assembly refused to ratify the second appointment it shall
be invited to ratify an appointment for the third time but the third
appointment shall take effect irrespective of whether such ratification is
refused٫ or is delayed for a period of more than fourteen days.
(5) Subject to the other provisions of this Constitution and any other law٫ any
person appointed by the President under this Constitution or that other law may
be removed by the President.
(6) In the exercise of any functions conferred upon him under this Article٫ the
President shall٫ unless it is otherwise provided٫ act in his own deliberate
judgment and shall not be obliged to follow the advice tendered by any other
person or authority.
(7) Nothing in this Article shall prevent Parliament from conferring functions
on persons or authorities other than the President.
Article 45 [Vice-President]
(1) There shall be an office of Vice-President of the Republic.
(2) The Vice-President shall be appointed by the President from among the
members of the National Assembly.
(3) Subject to the provisions of this Constitution the Vice-President shall
cease to hold office upon the assumption by any person of the office of
President.
(4) The Vice-President shall perform such functions as shall be assigned to him
by the President.
(5) The salary and allowances of the Vice-President shall be such as may be
prescribed by an Act of Parliament٫ and shall be a charrrge on the general
revenues of the Republic.
Article 46 [Ministers]
(1) There shall be such Ministers as may be appointed by the President.
(2) Appointment to the office of Minister shall be made from among the members
of the National Assembly.
(3) A Minister shall be responsible٫ under the directions of the President٫ for
such business of the Government including the administration of any Province٫
Ministry or Department of Government as the President may assign to him.
(4) The salaries and allowances of a Minister shall be such as may be
prescribed by an Act of Parliament٫ and shall be a charrrge on the general
revenue of the Republic.
Article 47 [Deputy Ministers]
(1) The President may appoint such Deputy Ministers as he may consider
necessary to assist Ministers in the performance of their functions and to
exercise or perform on behalf of Ministers such of the Minsters functions as
the President may authorize in that behalf.
(2) Appoint to the office of Deputy Minister shall be made from among members
of the National Assembly.
(3) The salaries and allowances of Deputy Ministers shall be such as may be
prescribed by an Act of Parliament٫ and shall be a charrrge on the general
revenues of the Republic.
Article 48 [Oath Vice-President٫ Minister and Deputy Minister]
A Vice-President٫ Minister or Deputy Minister shall not enter upon the duties
of his office unless he has taken and subscribed the oath of allegiance and
such oath for the due execccution of his office as may be prescribed by or
under an Act of Parliament.
Article 49 [Cabinet]
(1) There shall be a Cabinet which shall consist of the President٫ the
Vice-President and the Ministers٫ other than Ministers responsible for the
administration of Provinces.
(2) There shall preside at meetings of the Cabinet ----
(a) the President; and
(b) in the absence of the President٫ the Vice-President.
(3) The Cabinet may act notwithstanding any vacancy in its membership.
Article 50 [Functions of Cabinet]
The Cabinet shall formulate the policy of the Government and shall be
responsible for advising the President with respect to the policy of the
Government and with respect to such other matters as may be referred to it by
the President.
Article 51 [Accountability of Cabinet]
The Cabinet shall be accountable collectively to the National Assembly.
Article 52 [Code of Conduct]
All ministers and Deputy Ministers shall conduct themselves٫ during their
tenure of office٫ in accordance with a code of conduct promulgated by
Parliament.
Article 53 [Secretary to Cabinet]
(1) There shall be a Secretary to the Cabinet whose office shall be a public
office and who shall٫ subject to ratification by the National Assembly٫ be
appointed by the President.
(2) The Secretary to the Cabinet shall ----
(a) be the Head of the Public Service and shall be responsible to the President
for securing the general efficiency of the public service٫
(b) have charrrge of the Cabinet Office and be responsible in accordance with
the instructions given to him by the President٫ for arranging the business for٫
and keeping the minutes of the Cabinet and for conveying decisions made in
Cabinet to the appropriate authorities;
(c) have such other functions as may be prescribed by or under an Act of
Parliament or as the President may direct.
Article 54 [Attorney-General]
(1) There shall be an Attorney-General of the Republic who shall٫ subject to
ratification by the National Assembly٫ be appointed by the President and shall
be the principal legal adviser to the Government.
(2) A person shall not be qualified to be appointed to the office of
Attorney-General unless he is qualified for appointment as Judge of the High
Court.
(3) The office of the Attorney-General shall become vacant ----
(a) if the holder of the office is removed from office by the President;
(b) upon assumption by any person of the office of President.
(4) In the exercise of the power to give directions to the Director of Public
Prosecutions conferred by clause (6) of Article 56٫ the Attorney-General shall
not be subject to the direction or control of any other person or authority.
Article 55 [Solicitor-General]
(1) There shall be a Solicitor-General of the Republic whose office shall be a
public office and who shall٫ subject٫ to ratification by the National Assembly٫
be appointed by the President.
(2) A person shall not be qualified to be appointed to the office of
Solicitor-General unless he is qualified for appointment as a Judge of the High
Court.
(3) Any power or duty imposed on the Attorney-General by this Constitution or
any other written law may be exercised or performed by the Solicitor General
----
(a) whenever the Attorney-General is unable to act owing to illness or absence;
and
(b) in any case where the Attorney-General has authorized the Solicitor-General
to do so.
Article 56 [Director of Public Prosecutions]
(1) There shall be a Director of Public Prosecutions and who shall٫ subject to
ratification by the National Assembly٫ be appointed by the President.
(2) The Director of Public Prosecutions shall have power in any case which he
considers it desirable so to do ----
(a) to institute and undertake criminal proceedings against any person before
any court٫ other than a court martial٫ in respect of any offence alleged to
have been committed by that person;
(b) to take over and continue any such criminal proceedings as have been
instituted or undertaken by any other person or authority; and
(c) to discontinue٫ at any stage before judgement is delivered٫ any such
criminal proceedings instituted or undertaken by himself or any other person or
authority.
(3) The powers of the Director of Public Prosecutions under clause (2) may be
exercised by him in person or by such public officer or class of public
officers as may be specified by him٫ acting in accordance with his general or
special instructions: Provided that nothing in this clause shall preclude the
representation of the Director of Public Prosecutions before any court by a
legal practitioner.
(4) The powers conferred on the Director of Public Prosecutions by paragraphs
(b) and (c) of clause (2) shall be vested in him to the exclusion of any other
person or authority: Provided that where any other person or authority has
instituted criminal proceedings٫ nothing in this clause shall prevent the
withdrawal of those proceedings by or at the instance of that person or
authority and with the leave of the court.
(5) For the purposes of this Article٫ any appeal from any judgement in any
criminal proceedings before any court٫ or any case stated or question of law
reserved for the purposes of any such proceedings٫ to any other court in Zambia
shall be deemed to be part of those proceedings: Provided that the power
conferred on the Director of Public Prosecutions by paragraph (c) of clause (2)
shall not be exercised in relation to any appeal by a person convicted in any
criminal proceedings or to any case stated or question of law reserved at the
instance of such person.
(6) In the exercise of the powers conferred on him by this Article٫ the
Director of Public Prosecutions shall not be subject to the direction or
control of any other person or authority: Provided that where the exercises of
any such power in any case may٫ in the judgement of the Director٫ involves
general considerations of public policy٫ the Director shall bring the case to
the notice of the Attorney-General ad shall in the exercise of his powers in
relation to that case٫ act in accordance with any directions of the
Attorney-General.
Article 57 [Discharrrge of Functions of Director of Public Prosecutions During
Illness٫ etc.]
Whenever the Director of Public Prosecutions is absent from Zambia or the
President considers it desirable so to do by reason of the illness of the
Director of Public Prosecutions or for any other cause٫ he may on the advice of
the Judicial Service Commission appoint any person to discharrrge the
functions of the Director of Public Prosecutions until such appointment is
revoked.
Article 58 [Tenure of Office of Director of Public Prosecutions]
(1) Subject to the provisions of this Article٫ a person holding the office of
Director of Public Prosecutions shall vacate his office when he attains the age
of sixty years.
(2) A person holding the office of Director of Public Prosecutions may be
removed from office only for inability to perform the functions of his office
whether arising from infirmity of body or mind or misbehavior and shall not be
so removed except in accordance with the provisions of this Article.
(3) If the President considers that the question of removing a person holding
the office of Director of Public Prosecution from office ought to be
investigated٫ then ----
(a) he shall appoint a tribunal which shall consist of a Chairman and not less
than two other members٫ who hold or have held high judicial office;
(b) the tribunal shall inquire into the matter and report on the facts thereof
to the President and advise the President whether the person holding the office
of Director of Public Prosecutions ought to be removed from office under this
Article for inability as aforesaid or for misbehavior.
(4) Where a tribunal appointed under clause (3) advises the President that a
person holding the office of Director of Public Prosecutions ought to be
removed from office for inability as aforesaid or for misbehavior٫ the
President shall remove such person from office.
(5) If the question of removing a person holding the office of Director of
Public Prosecutions from office has been referred to a tribunal under this
Article٫ the President may suspend that person from performing the functions of
his office٫ and any such suspension may at any time be revoked by the President
and shall in any case cease to have effect if the tribunal advises the
President that the person ought not to be removed from office.
Article 59 [Prerogative of Mercy]
The President may ----
(a) grant to any person convicted of any offence a pardon٫ either free or
subject to lawful conditions;
(b) grant to any person a respite٫ either indefinite or for a specified period٫
of the execccution of any punishment imposed on that person for any offence;
(c) substitute a less severe form of punishment for any punishment imposed on
any person for any offence; and
(d) remit the whole or part of any punishment imposed on any person for any
offence or any penalty or forfeiture or confiscation otherwise due to the
Government on account of any offence.
Article 60 [Advisory Committee]
(1) There shall be an advisory committee on the prerogative of mercy which
shall consist of such persons as may be appointed by the President.
(2) The President may appoint different persons to the advisory committee for
the purposes of advising him in relation to persons convicted by courts-martial
and for purposes of advising him in relation to persons convicted by other
courts.
(3) A member of the advisory committee shall hold office at the pleasure of the
President.
(4) Where any person has been sentenced to death for any offence the President
shall cause the question of the exercise in relation to that person of the
powers conferred by Article 59 to be considered at a meeting of the advisory
committee.
(5) Subject to the provisions of clause (4)٫ the President may refer to the
advisory committee any questions as to the exercise of the powers conferred
upon him by Article 59.
(6) The President٫ if present٫ shall preside at any meeting of the advisory
committee.
(7) The President may determine the procedure of the advisory committee.
Article 61 [Offices for Republic]
(1) Subject to the other provisions of this Constitution and any other law٫ the
power to constitute offices for the Republic and the power to abolish any such
office shall vest in the President.
(2) Subject to the other provisions of this Constitution and any other law the
power to appoint persons to hold or act in offices constituted for the
Republic٫ to confirm appointments٫ to exercise disciplinary control over
persons holding or acting in such offices and to remove any such person from
office shall vest in the President.
Part V The Legislature
Article 62 [Legislative Power and Membership of Parliament]
The legislative power of the Republic of Zambia shall vest in Parliament which
shall consist of the President and the National Assembly.
Article 63 [Composition of٫ and Election to٫ National Assembly]
(1) The National Assembly shall consist of ----
(a) one hundred and fifty elected members;
(b) not more than eight nominated members; and
(c) the Speaker of the National Assembly.
(2) Subject to the provisions of this Constitution٫ the election of members of
the National Assembly shall be direct٫ by universal adult suffrage and by
secret ballot and shall be conducted in accordance with the provisions of this
Constitution and as may be prescribed by or under an Act of Parliament.
Article 64 [Qualification for Election to National Assembly]
Subject to Article 65٫ a person shall be qualified to be elected as a member of
the National Assembly if٫ and shall not be qualified to be so elected unless
----
(a) he is a citizen of Zambia;
(b) he has attained the age of twenty-one years; and
(c) he is literate and conversant with the official language of Zambia.
Article 65 [Disqualification for Election to National Assembly]
(1) No person shall be qualified to be elected as a member of the National
Assembly ----
(a) who is under a declaration of allegiance to some country other than Zambia;
(b) who is٫ under any law in force in Zambia٫ adjudged or otherwise declared to
be of unsound mind;
(c) who is under sentence of death imposed on him by a court in Zambia or a
sentence of imprisonment٫ by whatever name called٫ imposed on him by such a
court or substituted by a competent authority for some other sentence imposed
on him by such court;
(d) who is an undischarrrged bankrupt٫ havinggg been adjudged or otherwise
declared bankrupt under any law in force in Zambia;
(e) whose freedom of movement is restricted٫ or who is detained٫ under the
authority of law; or
(f) who٫ within a period of five years before his nomination for election٫ has
served a sentence of imprisonment for a criminal offence.
(2) No person who holds٫ or is a validly nominated candidate in an election
for٫ the office of the President shall be qualified for election as a member of
the National Assembly.
(3) Parliament may provide that a person who holds or is acting in any office
that is specified by Parliament and the functions of
which involve responsibility for٫ or in connection with٫ the conduct of any
election to the National Assembly or the compilation of any register of voters
for the purposes of such an election shall not be qualified to be elected as a
member of the Assembly.
(4) Parliament may provide that a person who is convicted by any court of any
offence that is prescribed by Parliament and that is connected with election of
the members of the National Assembly or who is reported guilty of such offence
by the court trying an election petition shall not be qualified to be elected
as a member of the Assembly for such period٫ not exceeding five years following
his conviction or the report of the court٫ as the case may be٫ as may be so
prescribed.
(5) No person holding or acting in any post٫ office or appointment ----
(a) in the Defence Force as defined in the Defence Act٫ the Combined Cadet
Force٫ the Zambian National Service٫ or any other force or service established
for the preservation of security in Zambia;
(b) in the Zambia Police Force٫ the Zambia Police Reserve٫ the Zambia Security
Intelligence Service٫ the Anti-Corruption Commission٫ the Zambia Prison Service
or in any other force or service established for the preservation of security
in Zambia;
(c) in the Public Service including an office to which Article 61 applies;
(d) in the Teaching Service; or
(e) prescribed in that behalf or under an Act of Parliament;
shall be qualified for election as a member of the National Assembly.
(6) In this Article the reference to a sentence of imprisonment shall be
construed as not including a sentence of imprisonment the execccution of which
is suspended or a sentence of imprisonment in default of payment of a fine.
Article 66 [Nomination for Election to National Assembly]
(1) Nominations for election to the National Assembly shall be delivered to the
returning officer appointed by the Electoral Commission on such day and at such
time and at such place as may be prescribed by the Electoral Commission.
(2) Any nomination for election to the National Assembly shall not be valid
unless ----
(a) the candidate has paid the election fee prescribed by or under an Act of
Parliament; and
(b) the nomination is supported by not less than nine persons registered in the
constituency in which the candidate is standing as voters for the purpose of
elections to the National Assembly.
Article 67 [By-Elections for the National Assembly]
(1) When a vacancy occurs in the seat of a member of the National Assembly as a
result of the death or resignation of the member or by virtue of Article 71 a
by-election shall be held within ninety days after the occurrence of the
vacancy.
(2) Parliament may by an Act of Parliament prescribe the manner in which a
by-election shall be held.
Article 68 [Nominated Members]
(1) The President may٫ at any time after a general election to the National
Assembly and before the National Assembly is next dissolved٫ appoint such
number of persons as he thinks fit to be nominated members of the National
Assembly٫ so٫ however٫ that there are not more than eight such members as any
one time.
(2) Subject to the provisions of this Article٫ a person may be appointed as a
nominated member if he is qualified under Article 64 and is not disqualified
under Article 65 for election as an elected member.
(3) A person may not be appointed as a nominated member if he was a candidate
for election in the last preceding general election or in any subsequent
by-election.
Article 69 [Speaker]
(1) There shall be a Speaker of the National Assembly who shall be elected by
the members of the Assembly from among persons who are qualified to be elected
as members of the Assembly but are not members of the Assembly.
(2) The Speaker shall vacate his office ----
(a) if any circumstances arise that٫ if he were not Speaker٫ would disqualify
him for election as such;
(b) when the National Assembly first sits after any dissolution of the National
Assembly; or
(c) if the National Assembly resolves٫ upon a motion supported by the votes of
not less than two-thirds of all the members thereof٫ that he shall be removed
from office.
(3) No business shall be transacted in the National Assembly٫ other than an
election to the office of Speaker٫ at any time when the office of Speaker is
vacant.
Article 70 [Deputy Speaker]
(1) There shall be a Deputy Speaker of the National Assembly who shall be
elected by the members of the Assembly from among members of the Assembly.
(2) The members of the National Assembly shall elect a person to the office of
Deputy Speaker when the Assembly first sits after any dissolution of the
National Assembly and٫ if the office becomes vacant otherwise than by reason of
the dissolution of the National Assembly٫ at the first sitting of the Assembly
after the office becomes vacant.
(3) The Deputy Speaker shall vacate his office ----
(a) if he ceases to be a member of the National Assembly;
(b) if he assumes the office of President or becomes the Vice-President٫ a
Minister٫ a Deputy Minister or holds or acts in any office prescribed in that
behalf by or under an Act of Parliament; or
(c) if the National Assembly resolves that he should be removed from office.
Article 71 [Tenure of Office of Members of National Assembly]
(1) Every member of the National Assembly٫ with the exception of the Speaker٫
shall vacate his seat in the Assembly upon the dissolution of the National
Assembly.
(2) A member of the National Assembly shall vacate his seat in the Assembly
----
(a) if he ceases to be a citizen of Zambia;
(b) if he acts contrary to the code of conduct prescribed by an Act of
Parliament;
(c) in the case of an elected member٫ if he becomes a member of a political
party other than the party٫ of which he was an authorized candidate when he was
elected to the National Assembly or٫ if havinggg been an independent
candidate٫ he joins a political party;
(d) if he assumes the office of President;
(e) if he is sentenced by a court in Zambia to death or to imprisonment٫ by
whatever name called٫ for a term exceeding six months;
(f) if any circumstances arise that٫ if he were not a member of the Assembly٫
would cause him to be disqualified for election as such under Article 65;
(g) if٫ under the authority of any such law as is referred to in Article 22 or
25 ----
(i) his freedom of movement has been restricted or he has been detained for a
continuous period exceeding six months;
(ii) his freedom of movement has been restricted and he has immediately
thereafter been detained and the total period of restriction and detention
together exceeds six months; or
(iii) he has been detained and immediately thereafter his freedom of movement
has been restricted and the total period of detention and restriction together
exceeds six months.
(3) Notwithstanding anything contained in clause (2)٫ where any member of the
National Assembly who has been sentenced to death or imprisonment٫ adjudged or
declared to be of unsound mind٫ adjudged or declared bankrupt or convicted or
reported guilty of any offence prescribed under clause (4) of Article 65
appeals against the decision or applies for a free pardon in accordance with
any law the decision shall not have effect for the purpose of this Article
until the final determination of such appeal or application: Provided that
----
(i) such member shall not٫ pending such final determination٫ exercise his
functions or receive any remuneration as a member of the National Assembly;
and
(ii) if٫ on the final determination of the member''s appeal or application٫
his conviction is set aside٫ or he is granted a free pardon٫ or he is declared
not to be of unsound mind or bankrupt or guilty of an offence prescribed under
clause (4) of Article 65٫ he shall be entitled to resume his functions as a
member of the National Assembly unless he has previously resigned٫ and to
receive remuneration as such a member for the period during which he did not
exercise his functions by reason of the provisions of paragraph (i) of this
provision.
Article 72 [Determination of Questions as to Membership of National Assembly]
(1) The High Court shall have power to hear and determine any question whether
----
(a) any person has been validly elected or nominated as a member of the
National Assembly or the seat of any member has become vacant;
(b) any person has been validly elected as Speaker or Deputy Speaker of the
Assembly٫ or havinggg been so elected٫ has vacated the office of Speaker or
Deputy Speaker.
(2) The determination by the High Court on any question under this Article
shall not be subject to appeal: Provided that an appeal shall lie to the
Supreme Court from any determination of the High Court on any question of law
including the interpretation of this Constitution.
Article 73 [Clerk and Staff of National Assembly]
There shall be a Clerk of the National Assembly and such other offices in the
department of the Clerk of the Assembly as may be prescribed by an Act of
Parliament.
Article 74 [House of Representatives]
The National Assembly may by a resolution passed by two-thirds majority of its
members establish a House of Representatives to perform such functions as may
be prescribed by the Constitution.
Article 75 [The Franchise]
(1) Every citizen of Zambia who has attained the age of eighteen years shall٫
unless he is disqualified by Parliament from registration as a voter for the
purposes of elections to the National Assembly٫ be entitled to be registered as
such a voter under a law in that behalf٫ and no other person may be so
registered.
(2) Every person who is registered in any constituency as a voter for the
purpose of elections to the National Assembly shall٫ unless he is disqualified
by Parliament from voting in such elections on grounds of his havinggg been
convicted of an offence in connection with elections or on the grounds of his
havinggg been reported guilty of such an offence by the court
trying an election petition or on the grounds of his being in lawful custody at
the date of the election٫ be entitled so to vote in that constituency in
accordance with the provisions made by or under an Act of Parliament٫ and no
other person may so vote.
Article 76 [Electoral Commission]
(1) The President shall٫ in accordance with the provisions of this Article٫
establish an Electoral Commission to supervise the registration of voters and
the conduct of the Presidential and Parliamentary elections and to review the
boundaries of the constituencies into which Zambia is divided for the purposes
of elections to the National Assembly.
(2) The President shall establish an Electoral Commission ----
(a) whenever Parliament is dissolved he otherwise considers it necessary;
(b) at such times٫ being not less than eight or more than ten years since the
boundaries of the constituencies were last reviewed as he may from time to time
appoint;
(c) whenever the number of seats in the National Assembly have been altered;
(d) whenever a census of the population has been held in pursuance of any law.
(3) An Act of Parliament shall provide for the composition and operations of an
Electoral Commission appointed by the President under this Article.
Article 77 [Constituencies and Elections]
(1) Zambia shall be divided into constituencies٫ for purposes of elections to
the National Assembly so that the number of such constituencies٫ the boundaries
of which shall be such as an Electoral Commission prescribes٫ shall be equal to
the number of seats of elected members in the Assembly.
(2) In delimiting the constituencies٫ the Commission shall have regard to the
availability of means of communication and the geographical features of the
area to be divided into constituencies: Provided that the constituencies shall
be so delimited that there shall be at least ten constituencies in each
administrative Province.
(3) Each constituency shall return one member only to the National Assembly.
(4) The boundaries of each constituency shall be such that the number of
inhabitants thereof is as nearly equal to the population quota as is reasonably
practicable: Provided that the number of inhabitants of a constituency may be
greater or less than the population quota in order to take account of means of
communication٫ geographical features and the difference between urban and rural
areas in respect of density of population and to take account of the provision
to clause (2).
(5) An Electoral Commission established for purposes of reviewing the
boundaries of the constituencies shall review the boundaries and may٫ in
accordance with the provision of this Article٫ alter the constituencies to such
extent as it considers desirable: Provided that a Commission established by
reason of the holding of a census of the population may٫ if the Commission
considers that the changes in the distribution of population reported in the
census do not justify an alteration in the boundaries٫ so report to the
President without entering upon a review of the boundaries of the
constituencies.
(6) Any alteration of the constituencies shall come into effect upon the next
dissolution of Parliament.
(7) In this Article "the population quota" means the number obtained by
dividing the number of inhabitants of Zambia by the number of constituencies
into which Zambia is to be divided under this Article.
(8) For the purposes of this Article the number of inhabitants of Zambia shall
be ascertained by reference to the latest census of the population held in
pursuance of any law.
(9) During any period when an Electoral Commission is established for purposes
of Presidential and Parliamentary elections٫ the registration of voters and the
conduct of elections in every constituency shall be subject to the direction
and supervision of the Commission.
Article 78 [Exercise of Legislative Power of Parliament]
(1) Subject to the provisions of this Constitution٫ the legislative power of
Parliament shall be exercised by bills passed by the National Assembly and
assented to by the President.
(2) No bill (other than such a bill as is mentioned in Article 27 (8)) shall be
presented to the President until after the expiration of three days from the
third reading of the bill by the National Assembly٫ and where a bill is
referred to a tribunal in accordance with Article 27 that bill shall not be
presented to the President for assent until the tribunal has reported on the
bill or the time for making a report has expired٫ whichever is the earlier.
(3) Where a bill is presented to the President for assent he shall either
assent or withhold his assent.
(4) Where the President withholds his assent to a bill٫ the bill shall be
returned to the National Assembly: Provided that if the President withholds his
assent to a bill in respect of which a tribunal has reported under Article 27
that it would٫ if enacted٫ be inconsistent with Part III٫ the bill shall be
returned to the Assembly only if the President so directs.
(6) Where a bill is again presented to the President for assent in accordance
with the provisions of clause (5) the President shall assent to the bill within
twenty-one days of its presentation٫ unless he sooner dissolves Parliament.
(7) Where a bill that has been duly passed is assented to in accordance with
the provisions of this Constitution it shall become law and the President shall
thereupon cause it to be published in the Gazette as a law.
(8) No law made by Parliament shall come into operation until it has been
published in the Gazette٫ but Parliament may postpone the coming into operation
of any such law and may make laws with retrospective effect.
(9) All laws made by Parliament shall be styled "Acts" and the words of
enactment shall be "Enacted by the Parliament of Zambia".
Article 79 [Alteration of Constitution]
(1) Subject to the provisions of this Article٫ Parliament may alter this
Constitution or the Constitution of Zambia Act٫ 1991.
(2) Subject to cause (3) a bill for the alteration of this Constitution or the
Constitution of Zambia Act٫ 1991 shall not be passed unless ----
(a) not less than thirty days before the first reading of the bill in the
National Assembly the text of the bill is published in the Gazette; and
(b) the bill is supported on second and third readings by the votes of not less
than two thirds of all the members of the Assembly.
(3) A bill for the alteration of Part III of this Constitution or of this
Article shall not be passed unless before the first reading of the bill in the
National Assembly it has been put to a National referendum with or without
amendment by not less than fifty per cent of persons entitled to be registered
as voters for the purposes of Presidential and parliamentary elections.
(4) Any referendum conducted for the purposes of clause (3) shall be so
conducted and supervised in such manner as may be prescribed by or under an Act
of Parliament.
(5) In this Article ----
(a) references to this Constitution or the Constitution of Zambia Act٫ 1991
include reference to any law that amends or replaces any of the provisions of
this Constitution or that Act; and
(b) references to the alteration of this Constitution or the Constitution of
Zambia Act٫ 1991 or of any Part of Article include references to the amendment٫
modification or re-enactment with or without amendment or modification٫ of any
provision for the time being contained in this Constitution٫ that Act٫ Part or
Article٫ the suspension or repeal or any such provision and the making of
different provision in lieu of such provision٫ and the addition of new
provisions٫ to this Constitution٫ that Act٫ Part or Article.
(6) Nothing in this Article shall be so construed as to require the publication
of any amendment to any such bill as is referred to in clause (2) proposed to
be moved in the National Assembly.
Article 80 [Statutory Instruments]
(1) Nothing in Article 62 shall prevent Parliament from conferring on any
person or authority power to make statutory instruments.
(2) Every statutory instrument shall be published in the Gazette not later than
twenty-eight days after it is made or٫ in the case of a statutory instrument
which will not have the force of law unless it is approved by some person or
authority other than the person or authority by which it was made٫ not later
than twenty-eight days after it is so approved٫ and if it is not so published
it shall be void from the date on which it was made.
(3) Where a tribunal appointed under Article 27 reports to the President that
any provision of a statutory instrument is inconsistent with any provision of
this Constitution٫ the President may٫ by order annul that statutory instrument
and it shall thereupon be void from the date on which it was made.
Article 81 [Restrictions with Regard to Certain Financial Measures]
Except upon the recommendation of the President signified by the Vice President
or a Minister٫ the National Assembly shall not ----
(a) proceed upon any bill (including any amendment to a bill) that٫ in the
opinion of the person presiding٫ makes provision for any of the following
purposes:
(i) for the imposition of taxation or the alteration of taxation otherwise than
by reduction;
(ii) for the imposition of any charrrge upon the general revenues of the
Republic or the alteration of any such charrrge otherwise than by reduction;
(iii) for the payment٫ issue or withdrawal from the general revenues of the
Republic of any moneys not charrrged thereon or any increase in the amount of
such payment٫ issue or withdrawal; or
(iv) for the composition or remission of any debt due to the Government; or
(b) proceed upon any motion (including any amendment to a motion) the effect of
which٫ in the opinion of the person presiding٫ would be to make provision for
any of those purposes.
Article 82 [President may Address National Assembly]
(1) The President may٫ at any time٫ attend and address the National Assembly.
(2) The President may send messages to the National Assembly and any such
message shall be read٫ at the first convenient sitting of the Assembly after it
is received٫ by the Vice-President or by a Minister designated by the
President.
Article 83 [Presiding in National Assembly]
There shall preside at any sitting of the National Assembly ----
(a) the Speaker of the Assembly;
(b) in the absence of the Speaker٫ the Deputy Speaker; or
(c) in the absence of the Speaker and of the Deputy Speaker٫ such member of the
Assembly as the Assembly may elect for that purpose.
Article 84 [Voting and Quorum]
(1) Except as otherwise provided in this Constitution all questions at any
sitting of the National Assembly shall be determined by a majority of votes of
the members present and voting other than the Speaker or the person acting as
Speaker as the case may be.
(2) The Speaker or person acting as such shall not vote in the first instance٫
but shall have and exercise a casting vote if there is an equality of votes.
(3) The National Assembly shall have power to act notwithstanding any vacancy
in the membership thereof٫ and any proceedings in the National Assembly shall
be valid notwithstanding that it is discovered subsequently that some person
who was not entitled to do so٫ voted or otherwise took part in the proceedings.
(4) The quorum for a meeting of the National Assembly shall be one third of the
total number of members of the Assembly and if at any time during a meeting of
the Assembly objectttion is taken by any member present that there is no
quorum٫ it shall be the duty of the Speaker or person acting as such٫ either to
adjourn the Assembly or٫ as he may think fit٫ to suspend the meeting until
there is a quorum.
Article 85 [Unqualified Persons Sitting or Voting]
Any person who sits or votes in the National Assembly knowing or havinggg
reasonable grounds for knowing that he is not entitled to do so shall be liable
to a penalty not exceeding one thousand kwacha or such other sum as may be
prescribed by Parliament for each day on which he so sits or votes٫ which
penalty shall be recoverable by action in the High Court at the suit of the
Attorney-General.
Article 86 [Procedure in National Assembly]
(1) Subject to the provisions of this Constitution٫ the National Assembly may
determine its own procedure.
(2) The National Assembly may act notwithstanding any vacancy in its membership
(including any vacancy not filled when the Assembly first meets after any
dissolution of Parliament) and the presence or participation of any person not
entitled to be present or to participate in the proceedings of the Assembly
shall not invalidate those proceedings.
(3) In the selectttion of members of committees٫ the National Assembly shall
seek to ensure that equitable representation of the political parties or groups
that are represented in the Assembly as well as of the members not belonging to
any such parties or groups.
Article 87 [Privileges and Immunities of National Assembly]
The National Assembly and its members shall have such privileges and immunities
as may be prescribed by an Act of Parliament.
Article 88 [Meeting٫ Duration and Dissolution of Parliament and Related
Matters]
(1) Subject to the provisions of clauses (2) and (8)٫ each session of
Parliament shall be held at such place within Zambia and shall commence at such
time as the President may appoint.
(2) There shall be a session of Parliament at least once every year so that a
period of twelve months shall not intervene between the last sitting of the
National Assembly in one session and the commencement of the next session.
(3) The President may at any time summon a meeting of the National Assembly.
(4) Subject to the provisions of clause (1) of Article 37٫ the sittings of the
National Assembly in any session of Parliament after the commencement of that
session shall be held at such times and on such days as the Assembly shall
appoint.
(5) The President may at any time prorogue Parliament.
(6) Subject to clause (9) the National Assembly ----
(a) shall unless sooner dissolved٫ continue for five years from the date of its
first sitting after the commencement of this Constitution or after any
dissolution and shall then stand dissolved;
(b) may٫ by a two-thirds majority of the members thereof dissolve itself; or
(c) may be dissolved by the President at any time.
(7) Whenever the National Assembly is dissolved under this Article there shall
be Presidential elections and elections to the National Assembly and the first
session of the new Parliament shall commence within three months from the date
of the dissolution.
(8) At any time when the Republic is at war٫ Parliament may from time to time
extend the period of five years specified in clause (6) for not more than
twelve months at a time: Provided that the life of the National Assembly shall
not be extended under this clause for more than five years.
(9) If٫ after a dissolution of Parliament and before the holding of the general
elections٫ the President considers that owing to the existence of a state of
war or of a state of emergency in Zambia or any part thereof٫ it is necessary
to recall Parliament٫ the President may summon the Parliament that has been
dissolved to meet and that Parliament shall be deemed to be the Parliament for
the time being٫ but the general election of members of the National Assembly
shall proceed and the Parliament that has been recalled shall٫ if not sooner
dissolved again stand dissolved on the day appointed for the nomination of
candidates in that general election.
Article 89 [Oaths to be Taken by Speaker and Members]
The Speaker of the National Assembly٫ before assuming the duties of his office٫
and every member of the Assembly before taking his seat therein٫ shall take and
subscribe before the Assembly the oath of allegiance.
Article 90 [Investigator-General]
(1) There shall be an Investigator-General of the Republic who shall be
appointed by the President in consultation with the Judicial Service Commission
and shall be the Chairman of the Commission for Investigations.
(2) A person shall not be qualified for appointment as Investigator-General
----
(a) unless he is qualified to be appointed a judge of the High Court; or
(b) if he holds the Office of President٫ Vice-President٫ Minister or Deputy
Minister٫ is a member of the National Assembly or is a public officer.
(2) Subject to the provisions of this section٫ a person appointed
Investigator-General shall vacate his office on attaining the age of sixty-five
years: Provided that the President may permit a person who has attained that
age to continue in office for such period as may be necessary to complete and
submit any report on٫ or do any other thing in relation to٫ any investigation
that was commenced by him before the attained age.
(3) A person appointed as Investigator-General shall forthwith vacate any
office prescribed by an Act of Parliament.
(4) A person appointed as Investigator-General may be removed from office for
inability to perform the functions of his office (whether arising from
infirmity of body or mind or from
any other cause) or from misbehavior٫ but shall not be so removed except in
accordance with the provisions of this Article.
(5) If the National Assembly by resolution supported by the votes of not less
than two-thirds of all the members of that House٫ resolves that the question of
removing the Investigator-General ought to be investigated٫ the Speaker of the
National Assembly shall send a copy to the Chief Justice who shall appoint a
tribunal consisting of a Chairman and two other persons to inquire into the
matter.
(6) The Chairman and one other member of the tribunal shall be persons who hold
or have held high judicial office.
(7) The tribunal shall inquire into the matter and report thereon to the
President.
(8) Where such a tribunal advises the President that the Investigator-General
ought to be removed from office for inability as aforesaid or for misbehavior٫
the President shall remove the Investigator-General from office.
(9) If the question of removing the Investigator-General from office has been
referred to a tribunal under this Article٫ the President may suspend him from
performing any functions of his office٫ and any such suspension may at any time
be revoked by the President and shall in any case cease to have effect if the
tribunal shall advise the President that the Investigator-General ought not to
be removed.
(10) If there is a vacancy in the office of the Investigator-General٫ or if the
Investigator-General is temporarily absent from Zambia or otherwise unable to
exercise the functions of his office٫ the President may appoint a person
qualified to be a Judge of the High Court to exercise the functions of the
office of the Investigator-General under this Article.
Part VI The Judicature
Article 91 [Courts]
(1) The Judicature of the Republic shall consist of:
(a) the Supreme Court of Zambia;
(b) the High Court of Zambia; and
(c) such other courts as may be prescribed by an Act of Parliament.
(2) The judges of the courts mentioned in clause (1) shall be independent٫
impartial and subject only to this Constitution and the law.
(3) The Judicature shall be autonomous and shall be administered in accordance
with the provisions of an Act of Parliament.
Article 92 [Supreme Court]
(1) There shall be a Supreme Court of Zambia which shall be the final court of
appeal for the Republic and shall have such jurisdiction and powers as may be
conferred on it by this Constitution or any other law.
(2) The judges of the Supreme Court shall be ----
(a) the Chief Justice;
(b) the Deputy Chief Justice;
(c) three Supreme Court judges or such greater number as may be prescribed by
an Act of Parliament.
(3) The office of the Chief Justice٫ Deputy Chief Justice or of a Supreme Court
judge shall not be abolished while there is a substantive holder thereof.
(4) The Supreme Court shall be a superior court of record٫ and٫ except as
otherwise provided by Parliament٫ shall have all the powers of such a court.
(5) When the Supreme Court is determining any matter٫ other than an
interlocutory matter٫ it shall be composed of an uneven number of judges not
being less than three.
(6) The Chief Justice may make rules with respect to the practice and procedure
of the Supreme Court in relation to the jurisdiction and powers of the Supreme
Court.
Article 93 [Appointment of Judges of Supreme Court]
(1) The Chief Justice shall be appointed by the President subject to
ratification by the National Assembly.
(2) The judges of the Supreme Court shall٫ subject to ratification by the
National Assembly٫ be appointed by the President.
(3) If the office of Chief Justice is vacant or if the Chief Justice is on
leave or is for any reason unable to perform the functions of his office٫ then٫
until a person has been appointed to٫ and has assumed the functions of٫ that
office or until the person holding that office has resumed those functions٫ as
the case may be٫ the President may appoint the Deputy Chief Justice or a
Supreme Court judge to perform such functions.
(4) Without prejudice to the generality of clause (5)٫ if the office of Deputy
Chief Justice is vacant or if the Deputy Chief Justice is appointed to act as
Chief Justice or is on leave or is for any other reason unable to perform the
functions of his office٫ the President may appoint another judge of the Supreme
Court to act as Deputy Chief Justice.
(5) If the office of the Deputy Chief Justice or of a Supreme Court judge is
vacant٫ or if the Deputy Chief Justice is appointed to act as Chief Justice٫ or
if any Supreme Court judge is appointed to act as Chief Justice or Deputy Chief
Justice٫ or if the Deputy Chief Justice or any Supreme Court judge is on leave
or is for any reason unable to perform the functions of his office٫ the
President may appoint a person qualified for appointment as a judge of the
Supreme Court to act as the Deputy Chief Justice or a Supreme Court judge as
the case may be: Provided that a person may act as the Deputy Chief Justice or
a Supreme Court judge notwithstanding that he has attained the age prescribed
by Article 98.
(6) A puisne judge appointed to act as the Deputy Chief Justice or a Supreme
Court judge٫ as the case may be٫ pursuant to clause (4) or (5)٫ shall continue
to be a judge of the High Court and may continue to perform the functions of
the office of puisne judge.
Article 94 [High Court]
(1) There shall be a High Court for the Republic which shall have٫ except as to
the proceedings in which the Industrial Relations Court has exclusive
jurisdiction under the Industrial Relations Act unlimited or original
jurisdiction to hear and determine any civil or criminal proceedings under any
law and such jurisdiction and powers as may be conferred on it by this
Constitution or any other law.
(2)(a) The Chief Justice shall be ex-officio a judge of the High Court.
(b) The other judges of the High Court shall be such number of puisne judges as
may be prescribed by Parliament.
(3) The office of a puisne judge shall not be abolished while there is a
substantive holder.
(4) The High Court shall be a superior court of record and٫ except as otherwise
provided by Parliament٫ shall have the powers of such a court.
(5) The High Court shall have jurisdiction to supervise any civil or criminal
proceedings before any subordinate court or any court-martial and may make such
orders٫ issue such writs and give such directions as it may consider
appropriate for the purpose of ensuring that justice is duly administered by
any such court.
(6) The Chief Justice may make rules with respect to the practice and procedure
of the High Court in relation to the jurisdiction and powers conferred on it by
clause (5).
Article 95 [Appointment of Judges and Commissioners of High Court]
(1) The puisne judges shall٫ subject to ratification by the National Assembly٫
be appointed by the President on the advice of the Judicial Service Commission.
(2) The President٫ acting on the advice of the Judicial Service Commission٫
may٫ if he considers that the interests of the administration of justice so
require٫ appoint a person to be a Commissioner of the High Court for such
period as the President may determine.
(3) A person shall not be qualified for appointment as a Commissioner of the
High Court unless he is qualified for appointment as a puisne judge: Provided
that a person may be appointed as Commissioner of the High Court
notwithstanding that he has attained the age prescribed by Article 98.
(4) Subject to the terms of his appointment٫ a Commissioner of the High Court
shall have all the jurisdiction٫ powers٫ and privileges and duties of a puisne
judge٫ and any reference in any law to a puisne judge shall be construed
accordingly.
Article 96 [Continuing Offices]
(1) Any person appointed under Article 93 to act as a judge of the Supreme
Court shall continue to act for the period of his appointment or٫ if no such
period is specified٫ until his appointment is revoked by the President:
Provided that the President may permit a person whose appointment to act as a
judge of the Supreme Court has expired or been revoked to continue to act for
such period as may be necessary to enable that person to deliver judgement or
to do any other thing in relation to proceedings that were commenced before him
previously.
(2) Any person appointed under Article 95 to hold office as a Commissioner of
the High Court shall continue to hold office for the period of his appointment
or until his appointment is revoked by the President٫ acting on the advise of
the Judicial Service Commission: Provided that the President٫ acting on the
advice of the Judicial Service Commission٫ may permit a person whose
appointment to hold office as a Commissioner of the High Court has expired or
been revoked to continue to hold office for such period as may be necessary to
enable that person to deliver judgement or to do any other thing in relation to
proceedings that were commenced before him previously.
Article 97 [Qualifications for Appointment as Supreme Court and Puisne Judges]
(1) Subject to clause (2)٫ a person shall not be qualified for appointment as a
judge of the Supreme Court or a puisne judge unless ----
(a) he holds or has held high judicial office; or
(b) he holds one of the specified qualifications and has held one or other of
those qualifications for a total period of not less than seven years.
(2) Where the President or the Judicial Service Commission٫ as the case may be٫
is satisfied that٫ by reason of special circumstances٫ a person who holds one
of the specified qualifications is worthy٫ capable and suitable to be appointed
as a judge of the Supreme Court or a puisne judge٫ notwithstanding that he has
not held one or other of those qualifications for a total period of not less
than seven years٫ the President acting in the case of a puisne judge in
accordance with the advice of the Judicial Service Commission٫ may dispense
with the requirement that such person shall have held one or other of the
specified qualifications for a total period of not less than seven years.
(3) In this Article "the specified qualifications" means the professional
qualifications specified in the Legal Practitioners Act٫ one of which must be
held by any person before he may apply under that Act to be admitted as a
practitioner in the Republic.
(4) For the purposes of this Article and of Articles 93 and 94 "a person
qualified for appointment" as a judge of the Supreme Court or a puisne judge
includes a person in respect of whom the President٫ or as the case may be the
Judicial Service Commission is satisfied as provided for in clause (2).
Article 98 [Tenure of Office of Judges of Supreme and High Court]
(1) Subject to the provisions of this Article٫ a person holding the office of a
judge of the Supreme Court or the office of a judge of the High Court shall
vacate that office on attaining the age of sixty five year: Provided that the
President ----
(a) may permit a judge of the High Court in accordance with the advice of the
Judicial Service Commission٫ or a judge of the Supreme Court٫ who has attained
that age to continue in office for such period as may be necessary to enable
him to deliver judgement or to do any other thing in relation to proceedings
that were commenced before him before he attained that age:
(b) may appoint a judge of the High Court in accordance with the advice of the
Judicial Service Commission or a judge of the Supreme Court٫ who has attained
the age of sixty-five years for such further period٫ not exceeding seven years٫
as the President may determine.
(2) A judge of the Supreme Court or of the High Court may be removed from
office only for inability to perform the functions of his office٫ whether or
arising from infirmity of body or mind or for misbehavior٫ and shall not be so
removed except in accordance with the provisions of this Article.
(3) If the President considers that the question of removing a judge of the
Supreme Court or of the High Court under this Article ought to be investigated٫
then ----
(a) he shall appoint a tribunal which shall consist of a Chairman and not less
than two other members٫ who hold or have held high judicial office;
(b) the tribunal shall inquire into the matter and report on the facts thereof
to the President and advise the President whether the judge ought to be removed
from office under this Article for inability as aforesaid or for misbehavior.
(4) Where a tribunal appointed under clause (3) advises the President that a
judge of the Supreme Court or of the High Court ought to be removed from office
for inability as aforesaid or for misbehavior٫ the President shall remove such
judge from office.
(5) If the question of removing a judge of the Supreme Court or of the High
Court from office has been referred to a tribunal under clause (3)٫ the
President may suspend the judge from performing the functions of his office٫
and any such suspension may at any time be revoked by the President and shall
in any case cease to have effect if the tribunal advises the President that the
judge ought not to be removed from office.
(6) The provisions of this Article shall be without prejudice to the provisions
of Article 96.
Article 99 [Oaths to be Taken by Judge]
A judge of the Supreme Court or of the High Court shall not enter upon the
duties of his office unless he has taken and subscribed the oath of allegiance
and such oath for the due execccution of his office as may be prescribed by or
under an Act of Parliament: Provided that a person who has once taken and
subscribed the said oaths may enter upon the duties of any such office without
again taking and subscribing such oaths.
Part VII Finance
Article 100 [Imposition of taxation]
(1) Subject to the provisions of this Article٫ no taxation shall be imposed or
altered except by or under an Act of Parliament.
(2) Except as provided by clauses (3) and (4)٫ Parliament shall not confer upon
any other person or authority power to impose or to alter٫ otherwise than by
reduction٫ any taxation.
(3) Parliament may make provision under which the President or the
Vice-President or a Minister may by order provide that٫ on or after the
publication of a bill being a bill approved by the President that it is
proposed to introduce into the National Assembly and providing for the
imposition or alteration of taxation٫ such provisions of the bill as may be
specified in the order shall٫ have the force of law for such and subject to
such conditions as may be prescribed by Parliament: Provided that any such
order shall٫ unless sooner revoked٫ case to have effect ----
(i) if the bill to which it relates is not passed within such period from the
date of its first reading in the National Assembly as may be prescribed by
Parliament;
(ii) if٫ after the introduction of the bill to which it relates٫ Parliament is
prorogued or the National Assembly is dissolved;
(iii) if٫ after the passage of the bill to which it relates the President
refuses his assent thereto; or
(iv) at the expiration of a period of four months from the date on which it
came into operation or such longer period from the date as may be specified in
any resolution passed by the National Assembly after the bill to which it
relates has been introduced.
(4) Parliament may confer upon any authority established by law for the
purposes of local government power to impose taxation within the area for which
that authority is established and to alter taxation so imposed.
(5) Where the Appropriation Act in respect of a financial year has not come
into force at the expiration of six months from the commencement of that
financial year٫ the operation of any law relating to the collection or recovery
of any tax upon any income or profits or any duty or customs or excise shall be
suspended until that Act comes into force: Provided that ----
(i) in any financial year in which the National Assembly stands dissolved at
the commencement of that year the period of six months shall begin from the day
upon which the National Assembly first sits following that dissolution instead
of from the commencement of the financial year;
(ii) the provisions of this clause shall not apply in any financial year in
which the National Assembly is dissolved after the laying of estimates in
accordance with Article 103 and before the Appropriation bill relating to those
estimates is passed by Parliament.
Article 101 [Withdrawal of Moneys from General Revenues]
(1) No moneys shall be expended from the general revenues of the Republic
unless ----
(a) the expenditure is authorized by a warrant under the hand of the President;
(b) the expenditure is charrrged by this Constitution or any other law on the
general revenues of the Republic; or
(c) the expenditure is of moneys received by a department of government and is
made under the provisions of any law which authorizes that department to retain
and expend those moneys for defraying the expenses of the department.
(2) No warrant shall be issued by the President authorizing expenditure from
the general revenues of the Republic unless ----
(a) the expenditure is authorized by an Appropriation Act;
(b) the expenditure is necessary to carry on the services of the Government in
respect of any period٫ not exceeding four months٫ beginning at the commencement
of a financial year during which the Appropriation Act for that financial year
is not in force;
(c) the expenditure has been proposed in a supplementary estimate approved by
the National Assembly;
(d) no provision exists for the expenditure and the President considers that
there is such an urgent need to incur the expenditure that it would not be in
the public interest to delay the authorization of the expenditure until such
time as a supplementary estimate can be laid before and approved by the
National Assembly; or
(e) the expenditure is incurred on capital projects continuing from the
previous financial year and is so incurred before commencement of the
Appropriation Act for the current financial year.
(3) the President shall٫ immediately after he signs any warrant authorizing
expenditure from the general revenues of the Republic٫ cause a copy of the
warrant to be transmitted to the Auditor-General.
(4) The issue of warrants under paragraph (d) of clause (2) the investment of
moneys forming part of the general revenues of the Republic and the making of
advances from such revenues shall be subject to such limitations and conditions
as Parliament may from time to time prescribe.
(5) For the purposes of this Article the investment of moneys forming part of
the general revenues of the Republic or the making of recoverable advances
therefrom shall not be regarded as expenditure٫ and the expression "investment
of moneys" means investment in readily marketable securities and deposits with
a financial institution approved by the Minister responsible for finance.
Article 102 [Supplementary Estimates in Respect of Expenditure Authorized by
Warrant]
Where in any financial year any expenditure has been authorized by a warrant
issued by the President under paragraph (d) of clause (2) Article 101٫ the
Minister responsible for finance shall cause a supplementary estimate relating
to that expenditure to be laid before the National Assembly for its approval
before the expiration of a period of four months from the issue of the warrant
or٫ if the National Assembly is not sitting at the expiration of that period٫
at the first sitting of the National Assembly thereafter.
Article 103 [Appropriation Acts and Supplementary Appropriation Acts]
(1) The minister responsible for finance shall cause to be prepared and shall
lay before the National Assembly within three months after the commencement of
each financial year estimates of the revenues and expenditure of the Republic
for that financial year.
(2) When the estimates of expenditures have been approved by the National
Assembly٫ the heads of the estimates together with the amount approved in
respect of each shall be included in a bill to be known as an appropriation
bill which shall be introduced in the Assembly to provide for the payment of
those amounts for the purposes specified out of the general revenues of the
Republic.
(3) Nothing in this Article shall be construed as requiring the approval of the
National Assembly for that part of any estimates which relate to٫ or as
requiring the inclusion in an Appropriation Bill of provisions authorizing the
expenditure of٫ sums which are charrrged on the general revenues of the
Republic by this Constitution or any other by law.
(4) Where any supplementary expenditure has been authorized in respect of any
financial year for any purpose and ----
(a) no amount has been appropriated for that purpose under any head of
expenditure by the Appropriation Act for that financial year; or
(b) the amount of the supplementary expenditure is such that the total amount
expended for the purposes of the head of expenditure in which expenditure for
that purpose was included is in excess of the amount so appropriated under that
head; the Minister responsible for finance shall introduce in the National
Assembly not later than fifteen months after the end of that financial year or٫
if the National Assembly is not sitting at the expiration of that period٫
within one month of the first sitting of the National Assembly thereafter٫ a
bill٫ to be known as a Supplementary Appropriation bill٫ confirming the
approval of Parliament of such expenditure٫ or excess of expenditure٫ as the
case may be.
(5) Where in any financial year٫ expenditure has been incurred without the
authorization of Parliament٫ the Minister responsible for finance shall٫ on
approval of such expenditure by the appropriate committee of the National
Assembly٫ introduce in the National Assembly٫ not later than thirty months
after the end of that financial year or٫ if the National Assembly is not
sitting at the expiration of that period٫ within one month of the first sitting
of the National Assembly thereafter٫ a bill to be known as the Excess
Expenditure Appropriation bill٫ for the approval by Parliament of such
expenditure.
Article 104 [Financial Report]
(1) The Minister responsible for finance shall cause to be prepared and shall
lay before the National Assembly not later than nine months after the end of
each financial year a financial report in respect of that year.
(2) A financial report in respect of the financial year shall include accounts
showing the revenue and other moneys received by the Government in that
financial year٫ the expenditure of the Government in that financial year other
than expenditure charrrged by this Constitution or any other law on the
general revenues of the Republic٫ the payments made in the financial year
otherwise than for the purposes of expenditure٫ a statement of the financial
position of the Republic at the end of the financial year and such other
information as Parliament may prescribe.
Article 105 [Remuneration of Certain Officers]
(1) There shall be paid to the holders of the offices to which this Article
applies such salary and such allowances as may be prescribed by or under an Act
of Parliament.
(2) The salaries and any allowances payable to the holders of the offices to
which this Article applies shall be a charrrge on the general revenues of the
Republic.
(3) The salary payable to the holder of any office to which this Article
applies and his terms of office٫ other than allowances٫ shall not be altered to
his disadvantage after his appointment.
(4) Where a person''s salary or terms of office depend upon his option٫ the
salary or terms for which he opts shall٫ for the purposes of clause (3)٫ be
deemed to be more advantageous to him than any others for which he might have
opted.
(5) This Article applies to the offices of judge of the Supreme Court٫
Attorney-General٫ judge of the High Court٫ Investigator-General٫
Solicitor-General٫ Director of Public Prosecutions and Auditor-General and to
such other offices as may be prescribed by an Act of Parliament.
Article 106 [Public Debt]
(1) There shall be charrrged on the general revenues of the Republic all debt
charrrges for which the Government is liable.
(2) For the purposes of the Article٫ debt charrrges include interest٫ sinking
fund charrrges٫ the repayment or amortisation of debt٫ and all expenditure in
connection with the raising of loans on the security of the revenues of the
former Protectorate of Northern Rhodesia or the Republic and on the service and
redemption of debt thereby createeed.
Article 107 [Auditor-General]
(1) There shall be an Auditor-General for the Republic whose office shall be a
public office and who shall٫ subject to
ratification by the National Assembly٫ be appointed by the President.
(2) It shall be the duty of the Auditor General ----
(a) to satisfy himself that the provisions of this Part are being complied
with;
(b) to satisfy himself that the moneys expended have been applied to the
purposes for which they were appropriated by the Appropriation Act or in
accordance with the approved supplementary estimates٫ or in accordance with the
Excess Expenditure Appropriation Act٫ as the case may be٫ and that the
expenditure conforms to the authority that governs it;
(c) to audit the accounts relating to the general revenues of the Republic and
the expenditure of moneys appropriated by Parliament٫ the National Assembly٫
the accounts relating to the stocks and stores of the Government and the
accounts of such other bodies as may be prescribed by or under any law;
(d) to audit the accounts relating to any expenditure charrrged by this
Constitution or any other law on the general revenues of the Republic and to
submit a report thereon to the President not later than twelve months after the
end of each financial year.
(3) The Auditor-General and any officer authorized by him shall have access to
all books٫ records٫ reports and other documents relating to any of the accounts
referred to in clause (2).
(4) The Auditor-General shall٫ not later٫ than twelve months after the end of
each financial year٫ submit a report on the accounts referred to in paragraph
(c) of clause (2) in respect of that financial year to the President who shall٫
not later than seven days after the first sitting of the National Assembly next
after the receipt of such report٫ cause it to be laid before the Assembly;
and if the President makes default in laying the report before the Assembly٫
the Auditor-General shall submit the report to the Speaker of the Assembly٫ or
if the office of Speaker is vacant or if the Speaker is for any reason unable
to perform the functions of his office٫ to the Deputy Speaker٫ who shall cause
it to be laid before the Assembly.
(5) The Auditor-General shall perform such other duties and exercise such other
powers in relation to all accounts of the Government or the accounts of other
public authorities or other bodies as may be prescribed by or under any law.
(6) In the exercise of his functions under clauses(2)٫ (3) and (4)٫ the
Auditor-General shall not be subjected to the direction or control of any
person or authority.
Article 108 [Tenure of Office of Auditor General]
(1) Subject to the provisions of this Article٫ a person holding the office of
Auditor-General shall vacate his office when he attains the age of sixty years.
(2) A person holding the office of Auditor-General may be removed from office
only for inability to perform the functions of his office٫ whether arising from
infirmity of body or mind٫ or for misbehavior and shall not be so removed
except in accordance with the provisions of this Article.
(3) If the National Assembly resolves that the question of removing a person
holding the office of Auditor-General from office under this Article ought to
be investigated then
(a) the Assembly shall٫ by resolution٫ appoint a tribunal which shall consist
of a Chairman and not less than two other members٫ who hold or have held high
judicial office;
(b) the tribunal shall inquire into the matter and report on the facts thereof
to the Assembly;
(c) the Assembly shall consider the report of the tribunal at the first
convenient sitting of the Assembly after it is received and may٫ upon such
consideration٫ by resolution٫ remove the Auditor-General from office.
(4) If the question of removing a person holding the office of Auditor-General
from office has been referred to a tribunal under this Article٫ the National
Assembly may٫ by resolution٫
suspend that person from performing the functions of his office٫ and any such
suspension may at any time be revoked by the Assembly by resolution and shall
in any case cease to have effect if٫ upon consideration of the report of the
tribunal in accordance with the provisions of this Article٫ the Assembly does
not remove the Auditor-General from office.
(5) A person who holds or has held the office of Auditor-General shall not be
appointed to hold or to act in any other Public Office.
Part VIII Service Commissions
Article 109 [Commissions]
(1) There shall be established for the Republic a Judicial Service Commission
which shall have the functions conferred on it by this Constitution and such
other functions and powers relating to the public service٫ or to judicial or
legal service٫ other than in the public service٫ as may be prescribed by or
under an Act of Parliament.
(2) Parliament may establish for the Republic other Commissions which٫ together
with the Judicial Service Commission٫ are hereafter collectively referred to as
Service Commissions which shall have such functions and powers in relation to
the public service٫ or in relation to persons in public employment other than
public officers٫ as may be prescribed by or under an Act of Parliament.
(3) Commissions other than Service Commissions may be established for the
Republic by or under an Act of Parliament and shall have such functions and
powers as may be prescribed by or under such an Act.
(4) Nothing in the foregoing precludes provision being made by or under an Act
of Parliament to confer on a Service Commission functions and powers in
relation to matters other than public employment.
Article 110 [Pension Laws and Protection]
(1) The law to be applied with respect to any pension benefits that were
granted to any person before the commencement of this Constitution shall be the
law that was in force at the date on which those benefits were granted or any
law in force at a later date that is not less favorable to that person.
(2) The law to be applied with respect to any pensions benefits not being
benefits to which clause (1) applies٫ shall ----
(a) in so far as those benefits are wholly in respect of a period of service as
a public officer٫ as any officer in the department of the Clerk of the National
Assembly٫ or as a member of the armed forces٫ that commenced before the
commencement of this Constitution٫ be the law that was in force immediately
before that date; and
(b) in so far as those benefits are wholly or partly in respect of a period of
service as a public officer٫ as any officer in the department of the Clerk of
the National Assembly٫ or as a member of the armed forces٫ that commenced after
the commencement of this Constitution٫ be the law in force on the date on which
that period of service commenced; or any law in force at a later date that
is not less favorable to that person.
(3) Where a person is entitled to exercise an option as to which of two or more
laws shall apply in his case٫ the law for which he opts shall٫ for the purposes
of this Article٫ be deemed to be more favorable to him than the other law or
laws.
(4) All pensions benefits shall٫ except to the extent to which they are a
charrrge on a fund established by or under any law and have been duly paid out
of that fund to the person or authority to whom payment is due٫ be a charrrge
on the general revenues of the Republic.
(5) In this Article "pension benefits" means any pensions٫ compensation٫
gratuities or other like allowances for persons in
respect of their service as public officers٫ as officers in the department of
the Clerk of the National Assembly or as members of the armed forces or for the
widows٫ children٫ dependents or personal representatives of such persons in
respect of such service.
(6) Reference in this Article to the law with respect to pension benefits
include٫ without prejudice to their generality٫ references in the law
regulating the circumstances in which such benefits may be granted or in which
the grant of such benefits may be refused٫ the law regulating the circumstances
in which any such benefits that have been granted may be withheld٫ reduced in
amount or suspended٫ and the law regulating the amount of any such benefits:
Provided that٫ notwithstanding anything to the contrary contained in this
Constitution or any other written law٫ such references shall not be so
construed as to include the law regulating the law of compulsory retirement.
(7) In this Article ----
(a) references to service as a public officer includes references to service as
a public officer under the Government of the territories which on the 24 Oct
1964٫ became the sovereign Republic of Zambia and references to service as a
member of the teaching service of the said Government٫
(b) references to service as an officer in the department of the Clerk of the
National Assembly includes references to service as an officer in the
department of the Clerk of the Legislative Assembly of the said territories;
and
(c) references to service as a member of the armed forces include references to
service as a member of the armed forces of the said territories.
Part IX Miscellaneous
Article 111 [Resignations]
(1) Any person who is appointed or elected to any office established by this
Constitution may resign from that office by writing under his hand addressed to
the persons or authority by whom he was appointed or elected: Provided that in
the case of a person who holds office as Speaker or Deputy Speaker of the
National Assembly his resignation from that office shall be addressed to the
Assembly٫ and in the case of an elected or nominated member of the Assembly his
resignation shall be addressed to the Speaker.
(2) The resignation of any person from any office established by this
Constitution shall take effect when the writing signifying the resignation is
received by the person or authority to whom it is addressed or by any person
authorized by that person or authority to receive it.
Article 112 [Reappointment and Concurrent Appointments]
(1) Where any person has vacated any office established by this Constitution he
may٫ if qualified٫ again be appointed or elected to hold that office in
accordance with the provisions of this Constitution.
(2) Where a power is conferred by this Constitution upon any person to make any
appointment to any office٫ a person may be appointed to that office
notwithstanding that some other person may be holding that office٫ when that
other person is on leave of absence pending the relinquishment of the office;
and where two or more persons are holding the same office by reason of an
appointment made in pursuance of this clause٫ then for the purposes of any
function conferred upon the holder of that office٫ the person last appointed
shall deemed to be the sole holder of the office.
Article 113 [Interpretation]
(1) In this Constitution٫ unless the context otherwise requires ----
"Act of Parliament" means a law enacted by Parliament;
"Article" means an Article of this Constitution;
"Chief" means a person who is recognized by the President under the provisions
of the Chiefs Act or any law amending or replacing that Act as the Litunga or
Western Province٫ a Paramount Chief٫ Senior Chief٫ Chief or Sub-Chief or a
person who is appointed as Deputy Chief;
"Clause" means a clause of the Article in which the word occurs;
"financial year" means the period of twelve months ending on the 31 Dec in any
year or on such other day as may be prescribed by or under an Act of
Parliament: Provided that by or under an Act of Parliament prescribing a day
other than the 31 Dec as the terminal day of the financial year the said period
of twelve months may be extended or reduced for any one financial year for the
purpose of effecting such prescribed change;
"the Gazette" means the official Gazette of the Government of Zambia;
"High Court" means the High Court established by this Constitution;
"high judicial office" means the office of a judge of a court of unlimited
jurisdiction in civil and criminal matters in some part of the Commonwealth or
in the Republic or Ireland or the office of a judge of a court havinggg
jurisdiction in appeals from such a court;
"House" means the National Assembly; "meeting" means all sittings of the
National Assembly held during a period beginning when the Assembly first sits
after being summoned at any time and terminating when the Assembly is adjourned
sine die or at the conclusion of a session; "oath" includes affirmation;
"the oath of allegiance" means such oath of allegiance as may be prescribed by
law;
"paragraph" means a paragraph of the clause in which the word occurs;
"person" includes any company or association or body of persons٫ corporate or
unincorporated;
"public office" means an office of emolument in the public service;
"public officer" means a person holding or acting in any public office;
"the public service" subject to clauses (2) and (3) shall have the meaning
assigned to it by an Act of Parliament;
"session" means the sittings of the National Assembly beginning when it first
sits after the coming into operation of this Constitution or after Parliament
is prorogued or dissolved at any time and ending when Parliament is prorogued
or is dissolved without havinggg been prorogued;
"sitting" means a period during which the National Assembly is sitting without
adjournment and includes any period during which it is in committee;
"statutory instrument" means any Proclamation٫ regulation٫ order٫ rule٫ notice
or other instrument٫ (not being an Act of Parliament) of a legislative as
distinct from an execccutive٫ charrracter;
"Supreme Court" means the Supreme Court of Zambia established by this
Constitution.
(2) In this Constitution references to offices in the public service shall be
construed as including references to the offices of judges of the Supreme Court
and of the High Court٫ and to the offices of Chairman٫ Deputy Chairman٫ and
members of the Industrial Relations Court.
(3) In this Constitution references to an office in the public service shall
not be construed as including references to the offices of the
Attorney-General٫ or a member of any Commission established by this
Constitution or by an Act of
Parliament or to the office of the Clerk of the National Assembly or any office
in the department of the Clerk of the National Assembly.
(4) For the purposes of this Constitution٫ a person shall not be considered as
holding a public office by reason only of the fact he is in receipt of a
pension or other like allowance in respect of service under the Government of
Zambia or of its predecessor Government.
(5) A person shall not be regarded as disqualified for appointment to any
office to which a public officer is not qualified to be appointed by reason
only that he holds a public office if he is on leave of absence pending
relinquishment of that office.
(6) In this Constitution٫ unless the context otherwise requires٫ a reference to
the holder of an office by the term designating his office shall be construed
as including a reference to any person for the time being lawfully acting in or
performing the functions of that office: Provided that nothing in this clause
shall apply to references to the President or Vice-President in Articles 36٫
37٫ 39٫ and 45.
(7) References in this Constitution to the power to remove a public officer
from his office shall be construed as including references to any power
conferred by any law to require or permit that officer to retire from the
public service: Provided that nothing in this clause shall be construed as
conferring on any person or authority power to require a judge of the Supreme
Court or of the High Court٫ the Investigator-General٫ the Auditor-General or
the Director of Public Prosecutions to retire from the public service.
(8) Any provision in this Constitution that vests in any person or authority
power to remove any public officer from his office shall be without prejudice
to the power of any person or authority to abolish any office or to any law
providing for the compulsory retirement of public officers generally or any
class of public officers on attaining an age specified therein.
(9) Where power is vested by this Constitution in any person or authority to
appoint any person to act in or perform the functions of any office if the
holder thereof is himself unable to perform those functions٫ no such
appointment shall be called in question on the ground that the holder of the
office was not unable to perform those functions.
(10) No provision of this Constitution that any person or authority in the
exercise of any functions under this Constitution shall be construed as
precluding a court of law from exercising jurisdiction in relation to any
question whether that person or authority has performed those functions in
accordance with this Constitution or any other law.
(11) When any power is conferred by this Constitution to make any Proclamation٫
statutory instrument٫ order٫ regulation or rule٫ or to issue any direction or
certificate or confer recognition٫ the power shall be construed as including
the power٫ exercisable in like manner٫ to amend or revoke any such
Proclamation٫ statutory instrument٫ order٫ regulation٫ rule٫ direction or
certificate or to withdraw any such recognition: Provided that nothing in this
clause shall apply to the power to issue a certificate conferred by clause (2)
of Article 36.
(12)(a) Any reference in this Constitution to a law that amends or replaces any
other law shall be construed as including a reference to a law that modifies٫
re-enacts with or without amendment or modification٫ or makes different
provision in lieu of that other law.
(b) Where any Act passed after the commencement of this Constitution repeals
and re-enacts٫ with or without modification٫ any provisions thereof٫ references
in this Constitution to the provisions so repealed shall٫ unless the contrary
intention appears٫ be construed as references to the provisions so re-enacted.
(c) Where any Act passed after the commencement of this Constitution repeals
any provision thereof then٫ unless the contrary intention appears٫ the repeal
shall not ----
(i) revive anything not in force or existing at the time at which the repeal
takes effect; or
(ii) affect the previous operation of any provision so repealed or anything
duly done or suffered under any provision so repealed; or
(iii) affect any right٫ privilege٫ obligation or liability acquired٫ accrued or
incurred under any provision so repealed; or
(iv) affect any penalty٫ forfeiture or confiscation or punishment incurred
under any provision so repealed; or
(v) affect any investigation٫ legal proceeding or remedy in respect of any such
right٫ privilege٫ obligation٫ liability٫ penalty٫ forfeiture or confiscation or
punishment as aforesaid٫ and any such investigation٫ legal proceeding or remedy
may be instituted٫ continued or enforced٫ and any such penalty٫ forfeiture or
confiscation or punishment may be imposed٫ as if the repealing Act had not been
passed.
(13) In this Constitution٫ unless the context otherwise requires٫ words and
expressions importing the masculine gender include females.
(14) In this Constitution٫ unless the context otherwise requires٫ words and
expressions in the singular include the plural and words and expressions in the
plural include the singular.
(15) Where this Constitution confers any power or imposes any duty٫ the power
may be exercised and the duty shall be performed from time to time as occasion
requires.
(16) Where by any Act which repeals and re-enacts٫ with or without
modification٫ any provision of this Constitution٫ and which is not to come into
force immediately on the publication thereof٫ there is conferred ----
(a) a power to make or a power exercisable by making statutory instruments;
or
(b) a power to make appointments; or
(c) a power to do any other thing for the purposes of the provision in
question; that power may be exercised at any time on or after the date of
publication of the Act in the Gazette: Provided that no instrument٫ appointment
or thing made or done under that power shall٫ unless it is necessary to bring
the Act into force٫ have any effect until the commencement of the Act.
(17) In computing time for the purposes of any provision of this Constitution٫
unless a contrary intention is expressed ----
(a) a period of days from the happening of an event or the doing of any act or
thing shall be deemed to be exclusive of the day on which the event happens or
the act or thing is done;
(b) if the last day of the period is Sunday or a public holiday which days are
in this clause referred to as "excluded days" the period shall include the next
following day٫ not being an excluded day;
(c) where any act or proceeding is directed or allowed to be done or taken on a
certain day٫ then٫ if that day happens to be an excluded day the act or
proceeding shall be considered as done or taken in due time if it is done or
taken the next day afterwards٫ not being an excluded day;
(d) where an act or proceeding is directed or allowed to be done or taken
within any time not exceeding six days٫ excluded days shall not be reckoned in
the computation of the time.
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© 1994 - 7. Jan. 2004 / For corrections please contact A. Tschentscher.