Constitution making process in zambia was still on. On this page you can read or download constitution of zambia 2016 pdf in pdf format. By virtue of being supreme, the constitution sits at the top of the hierarchy of zambia s material laws. Nov 27, 2015 on this page you can read or download zambian constitution 2016 pdf download in pdf format. The attorney general 30th january 2020 sitali, mulenga, mulonda, munalula and musaluke jjc. The august 2016 elections also sought voter approval of constitutional.
Zambia and any other written law, customary law and customary practice that is. Constitution of zambia amendment 2016act no 2 as you can see from the title and provisions, this is not a new constitution. Introduction theegrand coalitioneon the campaign for a people driven constitution in zambia is a multistakeholder platform made up ofeover 300 civil society organisations collectivelyeadvocating and campaigning for the successful finalisation of the constitution reform process in. Bill to amend constitution to enhance the bill of rights june 2016 download pdf bill to amend the constitution of zambia to enhance bill of rights, to be submitted to a referendum in 2016. The constitution of zambia amendment bill, 2016 memorandum the object of this bill is to amend the constitution of zambia so as to a revise the bill of rights to include civil, political. The constitution of zambia national assembly of zambia. On this page you can read or download 2016 zambian constitution pdf download in pdf format. Userspublicdocumentsgp jobsconstitution of zambia act. 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.
The quest for a people driven constitution in zambia 1. Jan 29, 2016 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. Its constitution building history can be divided into post independence and post cold war periods. An act or omission that contravenes this constitution is illegal. The power to determine whether legislation is inconsistent with the constitution is vested in the courts article 91.
Last week, zambia enacted a package of amendments to the constitution that has been years in the making among the amendments are a number of significant changes to the presidency. Enacted by the parliament of zambia of 2016 3 short title cap. The bills adopted are the draft constitution of zambia amendment bill, 2019, the draft electoral process amendment bill, 2019, and the draft public order bill, 2019. Our cause is for the promotion of readership among our peers, families, friends and the general public, the zambian constitution. Comments on the 2016 constitution stated that the 2016 constitution needed a complete overhaul to be done by experts. This is just an act of parliament that has made amendments changes to the 1991 constitution. It formally enshrines those fundamental rights and liberties considered essential for all people in our country. 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. Jan 09, 2017 this bill of rights is the keystone of democracy in zambia.
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 constitution of zambia was formally adopted in 1991 and amended in 2009 and last amended in 2016 references. The bill of rightspart iii of the constitution of zambia. Our conclusion is that once again zambia has failed to adopt a constitution that responds to the aspirations of the zambia. Zambia general elections and referendum the commonwealth. History of zambian constitutionpart v zambia daily nation. What is clear is that we are not going to have a new constitution before 2016 because the time has run out. Scroll using scroll buttons or touch gestures, it even has a snapshot function.
The forum has sat for a total number of 16 days from the initial ten days that were provided for. Professor ndulo explains the law on zambian parliament and courts. Oct 24, 2014 the government has now published the draft constitution of zambia after persistent demands by civil society and other members of public. Constitutional law zambia legal information institute. Constitution of zambia amendment act, 2015 5 january 2016. Zambia amendment act of 2016, though the amendments lacked many of the provi. Download zambias new constitution as amended elias. Mazoka was the partys presidential candidate for the 2001 general elections, finishing second with 27% of the vote, less than 2% behind the winner levy mwanawasa of the mmd. Jan 05, 2016 president edgar lungu has unveiled the longawaited peopledriven republican constitution as he promised. History of zambian constitution zambia daily nation. It avows the democratic values that border on human dignity, equality and freedom. Under clause 118 2 of the constitution, in exercising judicial authority, the courts shall be guided by the following principles.
Constitutional lawyer john sangwa says the constitution of zambia is superior to both the speaker of the national assembly and the national assembly itself. This constitution is the supreme law of the republic of zambia and any other written law, customary law and customary practice that is inconsistent with its provisions is void to the extent of the. A constitutional referendum was held in zambia on 11 august 2016 alongside general elections, a move designed to reduce the cost of the referendum. Articles 71 and 72 of the constitution of zambia does state that only the high court can settle a dispute concerning the loss of a parliamentary a seat, but justice lengalengas judgment failed to appreciate the fact that other. Constitution of zambia preamble as amended by act no.
Here is the amended constitution signed by edgar lungu on january 5, 2016. White christian missionaries brought education and christianised much of the zambian territory. The mission of the human rights commission is to promote and protect human rights for all people in zambia through investigations of human rights violations, rehabilitation of victims of human rights abuses, education of communities and advocacy for policy and legal changes influenced by. In the last decade, two early presidential elections 2008. I repeal and replacement of part ill status of bill of rights l. This complete constitution has been generated from excerpts of texts from the. Revision of kapoko v people 2016cc0023 2016 zmcc 6. Country reports on human rights practices for 2016. Act, 2016, and shall be read as one with theact referred to as the constitution. The ceremony passed the provisions whose amendment does not require referendum, leaving the bill of rights and the amendment clause to undergo the mandatory referendum expected to bring to an end the 40year struggle to enact a people driven constitution that enjoys both legitimacy. The constitution of zambia zambia online news site. Voters were asked whether they approve of proposed amendments to the bill of rights and article 79, which dictates the process of future amendments. Unfortunately, it has been an unnecessarily, very long processthe presidential assent to the 2016 constitution.
Jan 17, 2016 zambia constitutional amendments posted on 1701 2016 by jdmussel last week, zambia enacted a package of amendments to the constitution that has been years in the making. Sangwa explains supremacy of constitution to matibini. A constitutional referendum was held alongside the elections, with proposals to amend the bill of rights and article 79 president edgar lungu, previously elected in january 2015 to finish the term of michael sata, who died in office, was reelected to a full fiveyear term when he scored. The national constitution supreme law of the land is the set of fundamental rules written or unwritten that control how a government can exercise public power and authority. It came into force through the zambia independence act of 1964. In the national assembly elections the upnd won 49 seats. That its rules continue to apply, read with necessary modifications to suit its. Download pdf constitution of zambia amendment act, 2015 5 january 2016 source. By elias munshya the commotion over bill 10s proposal to christianise the zambian constitution is in my opinion, wholly unnecessary and a waste of time. A brief on the constitutional court of zambia the constitutional court is a new court which was established under article 127 of the constitution of zambia amendment act, no. In todays final part of our constitutional history, i will enumerate the events that have taken place regarding the zambian constitution since 1964.
President edgar lungu reads the constitution of zambia while chairing a special cabinet meeting at state house in lusaka. The advent of networked technology has spurred innovation, cultivated knowledge, encouraged free expression, and increased the nations economic prosperity. On 5 january 2016 president edgar lungu signed zambia s new constitution with much fanfare and pomp. Covid19 legal resources are available on zambialii here constitutional court decisions. Postnet suite 209, private bag x31, saxonwold, 22, johannesburg, south africa. Constitution of zambia, 1991 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 thereto, and to provide for matters connected with or incidental to the foregoing. This is a must have for all well meaning zambians who own an android powered device and want to have the law of the motherland at a touch of a button. Constitution of zambia amendment 2016 act no 2 as you can see from the title and provisions, this is not a new constitution. Follow signs for philaindependence hallcallowhill streets. Nov 27, 2015 on this page you can read or download the zambian constitution 2016 pdf in pdf format. Training manual regulating the zambian construction industry. You are at home 2016 november 1 resources reference materials acts of parliament 2016 constitution of zambia amendmen act no.
Zambia is a constitutional republic governed by a democratically elected president. Apr 30, 20 the zambian constitution in article 1 provides that this constitution is the supreme law of zambia and if any other law is inconsistent with this constitution, that law shall to the extent of the inconsistency, be void. This act may be cited as the constitution of zambia act, 2016. Constitution, and to have taken any necessary oath required to be taken under the constitution, unless the president requires any person who continues in office by virtue of this section to take any oath prescribed by the constitution or by an act of parliament. Phase 1 is the enactment of nonentrenched provisions whereas phase 2 deals with the entrenched provisions. If you dont see any interesting for you, use our search form on bottom v.
Why justice lengalenga got it wrong in the gbm case. Download 2016 zambian constitution pdf download document. Zambia s constitution of 1991 with amendments through 2016. It is presented in a readable scroll and swipe view format. Jan 05, 2016 zambian leader edgar lungu signed into law constitutional changes setting new rules for general elections on aug.
The zambia independence constitution was protected by a referendum clause. Jan 08, 2016 constitution of zambia amendment act, no. Section 2e of the english law extent of application act stipulates that the supreme court practice rules of england in force until 1999 shall be in force in the republic, provided they are subject to the constitution and legislation 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 colonies mr. Jan 09, 2016 here is the amended constitution signed by edgar lungu on january 5, 2016.
The constitution establishes the mandate of a government by defining the basic principles to which a society must conform. Prof ndulo, a usbased lawyer, in his article zambia s unfullfilled struggle for a democratic constitution. Map parking bus facility arrows indicate oneway streets directions by bus or car national constitution center 525 arch street independence mall philadelphia, pa 19106 215 4096600 from the south. This act may be cited as the constitution of zambia amendment no. This act may be cited as the constitution of zambia.
Which was not a result of the baby boom that followed world war ii answers apex. Dissatisfied with this, the applicant moved this court for an interpretation of article 118 2 e of the constitution of zambia, act no 2 of 2016. Determined to uphold and exercise our inherent and inviolable right as a people to decide, appoint and. The quest for a people driven constitution in zambia.
The enactment of the new zambian constitution however is being done in two phases. January 2016 employers quarterly federal tax return department of the treasury internal revenue service 950114. The upnd was established in december 1998 under the leadership of anderson mazoka, who had left the movement for multiparty democracy mmd shortly beforehand. Zambia has a constitution conflict between the concourt.
Download pdf constitution of zambia amendment act, 2015 5 january 2016 download pdf constitution of zambia amendment act, 2015 5 january 2016 source. And prof ndulo says the 2016 constitution is an embarrassing document not befitting country like zambia. This constitution is the supreme law of the republic of zambia and any other written law, customary law and customary practice that is inconsistent with its provisions is void to the extent of the inconsistency. 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. Constitution amendment act 2016 national assembly of zambia. By virtue of article 128 1 a, it is the preserve of the constitutional court to provide an interpretation of the constitution other than the bill of rights. He assented to the new constitution on 5 january, 2016. Constitutional court decisions zambia legal information. General elections were held in zambia on 11 august 2016 to elect the president and national assembly. 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. Article 31 declaration relating to threatened emergency. Comments on the 2016 constitution muna ndulo professor of law, elizabeth and arthur reich director, leo and arvilla berger international legal studies program, and director, institute for african development 4 april 2016.
Constitution is the supreme law of zambia and that if any other law is inconsistent with it, that other law shall, to the extent of the inconsistency, be void. Jan 25, 2017 the following is a mirror upload of the analysis completed by veritas zimbabwe on the constitution of zimbabwe amendment no. Sangwa said this in a letter to speaker patrick matibini who, with impunity, has set himself above the constitution and courts of law. The judiciary of zambia is an independent arm of the government. The ceremony passed the provisions whose amendment does not require referendum, leaving the bill of rights and the amendment clause to. Sangwa has explained to matibini that the supremacy. It is a promise he made to the zambian people on january 24, 2015, when he was sworn in as zambias sixth head of state and he returned to the same venue, heroes stadium in lusaka, to give the people what he promised. I have over the years been following the history of the zambian constitution and i consider the 2916 constitution to be very progressive. Approaches to developing a new constitution for zambia muna ndulo cornell university and chaloka beyani london school of economics and political science i. Ndulo calls for complete overhaul of constitution the. The bill of rights is subject to be incorporated in the new zambian constitution upon a referendum on august 11th, 2016. Constitutional court decisions judiciary of zambia. An analysis of spaces for lgbti activism in zambia country report. Download zambian constitution 2016 pdf download document.