Constitution of the republic of zambia 1991, as amended to. Read the 1996 zambian constitution and the search for a durable democratic constitutional order in africa, african yearbook of international law online on deepdyve, the largest online rental service for scholarly research with thousands of academic publications available at your fingertips. Constitution in the schedule to that act, are repealed in so far as they form part of the laws of zambia. The draft constitution retains dictatorial presidential powers as contained in the 1996 constitution and as a matter of fact expands on them.
I would therefore like to refresh the minds of the readers of what has been written in the previous four parts. More political parties were allowed to participate as enshrined by the new constitution. This act may be cited as the constitution of zambia amendment act, 2015, and shall be read as one with the constitution of zambia, in thisact referred to as the constitution. The 1996 constitution provides for an executive president, who is head of state and commanderinchief of the armed forces. The current zambian constitution clearly states that similar provisions are not justiciable. This is why it is called the constitution of zambia amendment act of 2016. The constitution is amended by the repeal of the preamble. The 1991 constitution, as amended by act 18 of 1996, therefore remained in place leaving a general sense of dissatisfaction not only on the part of government but also on the part of civil society, the general public and the opposition political parties, who increasingly called for a fully people driven process as the only route to a legitimate. This act may be cited as the constitution of zambia act, 1991. Constitution of the republic of zambia 1991, as amended to 2009. The convention was attended by over 257 participants from. Although the supreme court of zambia ruled in january 1996 that sections of the zambian law requiring prior permission for public meetings contravened the zambian constitution, the government immediately proposed new legislation allowing police to cancel meetings and. Review of the draft constitution for the republic of zambia.
Approaches to developing a new constitution for zambia muna ndulo cornell university and chaloka beyani london school of economics and political science i. The republic of south africa is one, sovereign, democratic state founded on the following values. According to the zambian constitution, the power to interpret legislation and the constitution is vested in the courts. The national anthem of the republic is determined by presi dent by proclamation. The constitution of zambia act, 1996 by the zambian for zambia. Statutes of the republic of south affxaonstitutional law constitution of the republic of south ajiica act, ss. Approaches to developing a new constitution for zambia muna ndulo cornell university. Calls from civil society organisations and opposition political parties for the government to establish dialogue mechanisms on. This act may be cited as the constitution of zambia amendment act, 2016, and shall be read as one with the constitution of zambia, in this act referred to as the constitution. Constitution means the constitution of zambia, 1991 act no. Subject to this act, the constitution shall come into operation on the date of assent by the president. The zambia independence constitution was protected by a referendum clause.
The procedure for amending the current zambian constitution the constitution to be replaced is set out in article 79 of the constitution of zambia act no. Head of state, the president is head of state and government and. If you dont see any interesting for you, use our search form on bottom v. Zambia and any other written law, customary law and customary practice that is. The law forbade the amendment of any part of the constitution without going through a referendum. This constitution shall bind all persons in the republic of zambia and all legislative, executive and judicial organs of the state at all levels. An act to provide for the printing and publication of the amended constitution. Constitution of zambia amendment national assembly of zambia. The redundancy comes from its contradiction of the zambian constitution as it collides with articles 20 and 21 where fundamental rights are guaranteed. History of zambian constitutionpart v zambia daily nation. The provisions of the independence constitution relating to human rights should in the same form as those in chapter i of the present constitution subject to the following modifications. We, the people of zambia by our representatives, assembled in our.
Abstract politically and constitutionally, zambia achieved a first in 1964 by becoming the first country in anglophone subsahara africa, to attain independence as a republic within the british commonwealth. Constitution bill fails, 1996 constitution to remain. The rule therefore is that there is no law that is above the constitution if the constitution is to remain the supreme law of the land. Except as provided under this act, the constitution of zambiaact,1991, andthe constitution inthescheduleto thatact are amended in so far as they form part of the laws of zambia. The northern rhodesia independence conference took place at marlborough house in london from 5 may, 1964 to 19 may 1964 and was chaired by the secretary of state for commonwealth relations and the. First there is the question of whether a sequenced reform process can result in a new constitution of zambia. Nov 27, 2015 on this page you can read or download zambian constitution 2016 pdf download in pdf format. In todays final part of our constitutional history, i will enumerate the events that have taken place regarding the zambian constitution since 1964.
Subject to this act, the constitution as amended in act no. The object of the bill was to amend the republican constitution, act 1 of 1991, so as to, inter alia, a. Constitution of zambia, 1996 by the zambian for zambia. Prof has detailed the contents of these sections and i have. The vice president and the cabinet are appointed by the president from the national assembly. The constitution of zambia was formally adopted in 1991 and amended in 2009 and last amended in 2016 references. A new preamble recognizes the equal worth of men and women and defines zambia as a christian nation with freedom of religion. Article 202 of the zambian constitution is a provision which states that subject to the provisions of this constitution no law shall make any provision that derogates from freedom of the press. May 15, 2015 the redundancy comes from its contradiction of the zambian constitution as it collides with articles 20 and 21 where fundamental rights are guaranteed.
General elections were held in zambia on 18 november 1996 to elect a president and national assembly. Zambia shall continue to be a citizen of zambia after the commencement of this constitution. This is the fifth and final part of the history of the zambian constitution. The draft constitution retains dictatorial presidential. Constitution of zambia 1996 ace electoral knowledge. Constitutional development in zambia can be traced back to the british colonial times, especially from the beginning of the 1950s. Download zambias new constitution as amended elias. The draft constitution retains dictatorial presidential powers as contained in the 1996 constitution and. This act may be cited as the constitution of zambia. Constitution applies are any countries which are for the time being declared by the minister, by notice published in the gazette, to be countries which permit citizens of zambia to becomecitizens ofthose countries byregistration. Chiluba as president, a new attempt was made to get a lasting.
They have gone on to freeze donor aid and balance of payments support. Zambia has been engaged in several efforts to try and develop a new constitution in the context of both demands for a more democratic constitution and the need to rebuild. Legislation online laws of zambia, blackhall publishing pdf of act as amended to act no. Statutes of tj3e republic of south africaconstitutional law constitution of the republic of south africa act, ss. These topic pages provide a quick overview and easy access to all content that can be found on ace for any give topic of interest weather encyclopaedia files, electoral materials, comparative data, consolidated replies, case studies, or other. With the demise of kaunda and the election of fredrick j. The president is limited to a maximum of two fiveyear terms. 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. The changes imposed a twoterm limit on the presidency, required presidential candidates to be born to two zambian citizens by birth or descent, and required national assembly candidates to give up their.
A government white paper in late1995 proposed that article 79 of the constitution of zambia act, 1991, which stated that, subject to the provisions of this article, parliament may alter this. This is the official consolidation, with the amendment made by act no. Please note that the constitution is not necessarily a new constitution but is an amendment of the 1991 constitution. Enactment part i preliminary short title commencement interpretation act no. Read the 1996 zambian constitution and the search for a durable democratic constitutional order in africa, african yearbook of international law online on deepdyve, the largest online rental service for scholarly research with thousands of academic publications available at. Comparative constitutions project, and distributed on. They were boycotted by the main opposition party, the united national independence party, together with five other allied parties, following changes to the constitution which they failed to have reversed following a court challenge. The conference was an initiative of church organizations and ngos.
Zambias constitution of 1991 with amendments through 2016. History of zambian constitution zambia daily nation. This act maybe cited as the bank of zambia act, 1996, and shall come into operation on such date as. Zambian day supremacy of the constitution over the. It abrogates the 1973 constitution, which allowed, as stated above, only one political party. On 28 may, 1996, president chiluba assented to the constitution of zambia amendment bill no. The constitution was also to lay the foundation stone for the independence of northern rhodesia outside the federation. The university of zambia law association, co school of law, the university of zambia, great east road campus, p. Review of the draft constitution for the republic of zambia july 11, 2012 muna ndulo.
An act to provide for a new constitution of the republic of zambia and to repeal the constitution of zambia act, 1973, and the constitution scheduled there to, and to provide for matters connected with or incidental to the foregoing. Zambias constitutionmaking exercise initiated in 2011 is at a critical crossroads because of ambiguities over the modes of validating the draft document, and eventually adopting and enacting the final constitution. Provides significant amendments to the zambian constitution. Constitution bill fails, 1996 constitution to remain in place.
Its constitution building history can be divided into post independence and post cold war periods. The constitution was adopted in 1991 and was amended in 1996. On this page you can read or download zambian constitution 2016 pdf download in pdf format. This complete constitution has been generated from excerpts of texts from the repository of the. This act may be cited as the constitution of zambia act. In 1996 a raft of constitutional amendments were enacted. The political situation in zambia merits urgent attention from its friends and from the international community at large as a fragile experiment in democracy is under threat in a situation where the shortage of time is a critical factor, the post, 24 september, 1996. Constitution of zambia, constitution of zambia 1996, constitution of zambia 1996 act, zambian constitution, zambian constitution 1996, zambian constitution 1996 act about the zambian editor im the curator of all things on the zambian.
Jan 08, 2016 please note that the constitution is not necessarily a new constitution but is an amendment of the 1991 constitution. The constitution of zambia makes provision for constitutional supremacy. Although the supreme court of zambia ruled in january 1996 that sections of the zambian law requiring prior permission for public meetings contravened the zambian constitution, the government immediately proposed new legislation allowing police to cancel meetings and processions after giving organisers 48hour notice. Subject to the other provisions of this act, the constitution as amended under act 18 of 1996, shall come into operation on the commencement of this act. Zambia constitution of zambia amendment act, 1996 no. Natlex, the ilos database featuring national laws on. The constitution of zambia act an act to provide for the new constitution of the republic of zambia. The constitution of zambia act, 1996 by the zambian for.
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