The Constitution is amended by the repeal of Parts VI to Repeal and

8. The Constitution is amended by the repeal of Parts VI to Repeal and XIV inclusive and the substitution therefor of the following: replacement of Parts VI to XIV PART VII EXECUTIVE Executive Authority 90. The Executive authority derives from the people of Zambia Principles of executive and shall be exercised in a manner compatible with the principles authority of social justice and for the people’s well-being and benefit. 91. (1) There shall be a President of the Republic who shall Presidency be the Head of State and Government and Commander-in-Chief and vesting of executive of the Defence Force. authority (2) The executive authority of the State vests in the President and, subject to this Constitution, shall be exercised directly by the President or through public officers or other persons appointed by the President. 36 No. 2 of 2016] Constitution of Zambia (Amendment) (3) The President shall, in exercise of the executive authority of the State— (a) respect, uphold and safeguard this Constitution; (b) safeguard the sovereignty of the Republic; (c) promote democracy and enhance the unity of the Nation; (d) respect the diversity of the different communities of Zambia; (e) promote and protect the rights and freedoms of a person; and (f) uphold the rule of law. Executive 92. (1) The President shall perform, with dignity, leadership functions of President and integrity, the acts that are necessary and expedient for, or reasonably incidental to, the exercise of the executive authority. (2) Without limiting the other provisions of this Constitution, the President shall— (a) appoint ambassadors, high commissioners, plenipotentiaries, diplomatic representatives and consuls; (b) receive and accredit foreign ambassadors, high commissioners, plenipotentiaries, diplomatic representatives, consuls and heads of international organisations; (c) negotiate and sign international agreements and treaties and, subject to the approval of the National Assembly, ratify or accede to international agreements and treaties; (d) establish, merge and dissolve Government ministries, subject to the approval of the National Assembly; (e) appoint persons as are required by this Constitution or any other law to be appointed by the President; (f) appoint persons as are required to perform special duties for the Executive; (g) confer honours; (h) sign and promulgate proclamations as specified in this Constitution or as prescribed; (i) initiate Bills for submission to, and consideration by, the National Assembly; and Constitution of Zambia (Amendment) [No. 2 of 2016 37 (j) perform other functions specified by this Constitution or as prescribed. 93. (1) A decision or instruction of the President shall be in Confirmation writing under the President’s signature. of presidential decisions (2) The signature of the President on an instrument shall be and under Public Seal. instructions 94. (1) Where the performance of an executive function is Approval of appointments expressed by this Constitution to be subject to approval by the and measures National Assembly, the National Assembly shall, in the sitting next by National after receipt of the request for approval, give the approval within Assembly twenty-one days of the commencement of the sitting. (2) Where an approval is not given within the period specified in clause (1) or the National Assembly unreasonably refuses to give an approval as requested, the President shall refer the matter to the Constitutional Court for hearing and the decision of the Constitutional Court is final. (3) Where the Constitutional Court decides that the refusal or delay by the National Assembly was justified, the President shall comply with the order of the Court. (4) Where the Constitutional Court decides that the refusal or delay by the National Assembly was unreasonable, the National Assembly shall proceed to approve the matter. 95. (1) Where in this Constitution an appointment to an office Ratification of or the taking of a measure by the President is subject to ratification appointments by the National Assembly, the National Assembly shall, in the sitting and next after receipt of the request for ratification, give its ratification measures by National within twenty-one days of the commencement of the sitting. Assembly (2) Where ratification is not given within the period specified in clause (1), the President shall propose another measure or appoint another person to that office and submit that measure or appointment for ratification by the National Assembly. (3) Where the National Assembly refuses or delays the ratification for the second time, the President shall propose another measure or appoint another person to that office and shall submit that measure or appointment for ratification by the National Assembly. (4) Where the National Assembly refuses or delays the ratification of the measure or appointment for the third time, that measure or appointment shall take effect. 38 No. 2 of 2016] Constitution of Zambia (Amendment) Advisory 96. (1) There shall be an Advisory Committee on the Committee prerogative of mercy which shall consist of persons appointed by on prerogative the President. of mercy (2) The Advisory Committee shall advise the President on an action or a decision to be taken in relation to a person convicted of an offence by a court or court-martial. (3) A member of the Advisory Committee shall hold office at the pleasure of the President. (4) The President may preside at a meeting of the Advisory Committee. (5) The Advisory Committee shall determine its own procedure for meetings. Prerogative 97. (1) The President may, on the advice of the Advisory of mercy Committee— (a) conditionally or unconditionally, pardon a person convicted of an offence; (b) substitute a less severe form of punishment imposed on a person by a court; or (c) remit the whole or part of a fine, penalty or forfeiture. (2) A person who is sentenced to death may request the President, either directly or through a representative, for a pardon or commutation of the sentence. Protection of 98. (1) A person shall not institute or continue civil President proceedings against the President or a person performing executive from legal proceedings functions, as provided in Article 109, in respect of anything done or omitted to be done by the President or that person in their private capacity during the tenure of office as President. (2) The President shall not, in the President’s private capacity during the tenure of office as President, institute or continue civil proceedings against a person. (3) For purposes of clauses (1) and (2), where a law limits the time within which proceedings may be brought against a person, the term of office shall not be taken into account in calculating the period of time. (4) Subject to clause (9), the President or a person performing executive functions, as provided in Article 109, is immune from criminal proceedings which immunity continues after that person ceases to hold or perform the functions of that office. Constitution of Zambia (Amendment) [No. 2 of 2016 39 (5) Where there is prima facie evidence that a person who held the office of President or who performed executive functions committed an offence whilst in office or during the period that person performed executive functions, the President shall submit a report, outlining the grounds relating to the offence allegedly committed, to the National Assembly, requesting the National Assembly to remove the immunity from criminal proceedings of that person. (6) Where the National Assembly receives a report, submitted in accordance with clause (5), the National Assembly shall constitute a select committee to scrutinise the grounds submitted and determine whether or not there is a prima facie case, based on the grounds submitted, that warrants the removal of the immunity from criminal proceedings, and recommend its decision to the National Assembly. (7) The person who held the office of President or who performed executive functions has the right to appear, be represented and be heard before the select committee constituted under clause (6). (8) Where the select committee, constituted under clause (6), recommends the removal of immunity from criminal proceedings from the person who held the office of President or who performed executive functions, the National Assembly may remove the immunity in respect of the alleged offence, by a resolution supported by a vote of not less than two-thirds of the Members of Parliament. (9) Where immunity is removed, in accordance with clause (8), the person who held the office of President or who performed executive functions, shall be charged with the offence for which the immunity from criminal proceedings was removed. (10) Where a court acquits the person who held the office of President or who performed executive functions, of an offence for which that person’s immunity from criminal proceedings was removed, the immunity of that person shall, for all purposes, be deemed not to have been removed, without further proceedings. (11) The process for the removal of immunity, provided for under this Article, shall not apply to an impeachable offence under Article108. 40 No. 2 of 2016] Constitution of Zambia (Amendment) Election of President Returning 99. The Chairperson of the Electoral Commission shall be the officer for presidential Returning Officer in an election to the office of President. elections Qualifications 100. (1) A person qualifies to be nominated as a candidate and disqualifica- for election as President if that person— tions for (a) is a citizen by birth or descent; nomination as (b) has been ordinarily resident in Zambia; presidential candidate (c) is at least thirty-five years old; (d) is a registered voter; (e) has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent; (f) is fluent in the official language; (g) has paid that person’s taxes or has made arrangements, satisfactory to the appropriate tax authority, for the payment of the taxes; (h) declares that person’s assets and liabilities, as prescribed; (i) pays the prescribed election fee on, or before, the date fixed for the delivery of nomination papers; and (j) is supported by at least one hundred registered voters from each Province. (2) A person is disqualified from being nominated as a candidate for election as President if that person— (a) is a public officer; (b) has dual citizenship; (c) is holding or acting in a Constitutional office or other public office; (d) is a judge or judicial officer; (e) was removed from public office on grounds of gross misconduct in the immediate preceding five years; (f) has a mental or physical disability that would make the person incapable of performing the executive functions; (g) is an undischarged bankrupt; (h) is serving a sentence of imprisonment; or (i) has, in the immediate preceding five years, served a term of imprisonment of at least three years. Constitution of Zambia (Amendment) [No. 2 of 2016 41 101. (1) A President shall be elected by registered voters in Election of accordance with Article 47 (1) and this Article. President (2) The Returning Officer shall declare the presidential candidate who receives more than fifty percent of the valid votes cast during the election as President-elect. (3) If at the initial ballot a presidential candidate does not receive more than fifty percent of the valid votes cast, a second ballot shall be held within thirty-seven days of the initial ballot, where the only candidates shall be the presidential candidates who obtained— (a) the highest and second highest number of valid votes cast in the initial ballot; or (b) an equal number of the valid votes cast in the initial ballot, being the highest votes amongst the presidential candidates that stood for election to the office of President. (4) A person may within seven days of the declaration made under clause (2), petition the Constitutional Court to nullify the election of a presidential candidate who took part in the initial ballot on the ground that— (a) the person was not validly elected; or (b) a provision of this Constitution or other law relating to presidential elections was not complied with. (5) The Constitutional Court shall hear an election petition filed in accordance with clause (4) within fourteen days of the filing of the petition. (6) The Constitutional Court may, after hearing an election petition— (a) declare the election of the presidential candidate valid; (b) nullify the election of the presidential candidate; or (c) disqualify the presidential candidate from being a candidate in the second ballot. (7) A decision of the Constitutional Court made in accordance with clause (6) is final. (8) The presidential candidate who obtains the majority of the valid votes cast in the second ballot shall be declared President- elect. 42 No. 2 of 2016] Constitution of Zambia (Amendment) Disqualifi- 102. (1) If a presidential candidate— cation for run-off (a) resigns for a reason other than health; (b) becomes disqualified as specified in Article 100; or (c) is disqualified by a decision of the Constitutional Court in accordance with Article 101; the presidential candidate shall not take part in the second ballot and the candidate who scored the third highest number of valid votes cast in the initial ballot shall be a presidential candidate in the second ballot, together with the remaining presidential candidate that had initially qualified for the second ballot. (2) If a presidential candidate— (a) dies; or (b) resigns due to ill-health; before the taking of a second ballot, the running mate to that presidential candidate in the initial ballot shall assume the place of that presidential candidate. (3) The presidential candidate who assumed the place of the previous presidential candidate in accordance with clause (2) shall appoint a running mate. (4) Where both presidential candidates— (a) resign; (b) become disqualified under Article 100; (c) become disqualified by a decision of the Constitutional Court under Article 101; or (d) die; before the taking of the second ballot, fresh nominations shall be filed with the Electoral Commission, as prescribed. Election 103. (1) A person may, within seven days of the declaration petition of a President-elect, petition the Constitutional Court to nullify the election of the President-elect on the ground that— (a) the person was not validly elected; or (b) a provision of this Constitution or other law relating to presidential elections was not complied with. (2) The Constitutional Court shall hear an election petition relating to the President-elect within fourteen days of the filing of the petition. Constitution of Zambia (Amendment) [No. 2 of 2016 43 (3) The Constitutional Court may, after hearing an election petition— (a) declare the election of the President-elect valid; or (b) nullify the election of the President-elect and Vice- President-elect. (4) A decision of the Constitutional Court under clause (3) is final. (5) Where the election of the President-elect and Vice- President-elect is nullified by the Constitutional Court, a presidential election shall be held within thirty days from the date of the nullification. 104. (1) The President-elect shall be sworn into office and Transition assume office in accordance with Article 105. period before (2) Subject to clauses (3) and (4), where the Returning Officer assuming office declares a presidential candidate as President-elect, the incumbent shall continue to perform the executive functions until the President- elect assumes office, except the power to— (a) make an appointment; or (b) dissolve the National Assembly. (3) Where an election petition is filed against the incumbent, under Article 103 (1), or an election is nullified, under Article 103(3) (b), the Speaker shall perform the executive functions, except the power to— (a) make an appointment; or (b) dissolve the National Assembly. (4) Subject to Article 105 and except where the incumbent is the President-elect, the incumbent President shall, on the assumption of office by the President-elect, begin and complete the procedural and administrative handing over of the executive functions, to the President-elect, within fourteen days from the day the President- elect assumes office. Assumption of Office, Tenure of Office and Vacancy 105. (1) The President-elect shall assume office after being Assumption sworn in by the Chief Justice or, in the absence of the Chief Justice, of office the Deputy Chief Justice. (2) The President-elect shall be sworn into office on the Tuesday following— 44 No. 2 of 2016] Constitution of Zambia (Amendment) (a) the seventh day after the date of the declaration of the presidential election results, if no petition has been filed in accordance with Article 103; or (b) the seventh day after the date on which the Constitutional Court declares the election to be valid. (3) Subject to clause (4), where the President-elect dies, resigns or is for a reason unable to assume office, the Vice-President- elect shall be sworn into, and assume the office of President, in accordance with clause (1). (4) Subject to clause (5), where the inability of the President- elect to assume office is as a result of an event or circumstance beyond the control of the President-elect, the Vice-President-elect shall not be sworn into office. (5) A political party whose presidential candidate was declared President-elect or another person shall, within three days from the date on which the President-elect should have been sworn into office, petition the Constitutional Court to determine whether or not the inability of the President-elect to assume office is permanent. (6) Where the Constitutional Court decides that the inability of the President-elect to assume office is permanent, the Vice- President-elect shall be sworn into office as President and assume office in accordance with clause (1). (7) The Vice-President-elect who assumes office as President, in accordance with clause (3) or (6), shall appoint a person as Vice-President, subject to approval by the National Assembly, signified by a vote of not less than two-thirds of the Members of Parliament. (8) Where the Vice-President elect who is supposed to assume the office of President as specified in clause (3) or (6) dies, resigns or is for another reason unable to assume the office of President— (a) the Speaker shall perform the executive functions; and (b) a presidential election shall be held within sixty days of the occurrence of the vacancy. (9) The Speaker shall, perform the executive functions assumed in accordance with clause (8) except the power to make an appointment or dissolve the National Assembly. (10) The Speaker shall, when the President-elect assumes office, complete the procedural and administrative handing over process within thirty days. Constitution of Zambia (Amendment) [No. 2 of 2016 45 106. (1) The term of office for a President is five years which Tenure of shall run concurrently with the term of Parliament, except that the office of President term of office of President shall expire when the President-elect and vacancy assumes office in accordance with Article 105. (2) A President shall hold office from the date the President- elect is sworn into office and ending on the date the next President- elect is sworn into office. (3) A person who has twice held office as President is not eligible for election as President. (4) The office of President becomes vacant if the President— (a) dies; (b) resigns by notice in writing to the Speaker of the National Assembly; or (c) otherwise ceases to hold office under Article 81,107 or 108. (5) When a vacancy occurs in the office of President, except under Article 81— (a) the Vice-President shall immediately assume the office of President; or (b) if the Vice-President is unable for a reason to assume the office of President, the Speaker shall perform the executive functions, except the power to— (i) make an appointment; or (ii) dissolve the National Assembly; and a presidential election shall be held within sixty days after the occurrence of the vacancy. (6) If the Vice-President assumes the office of President, in accordance with clause (5)(a), or a person is elected to the office of President as a result of an election held in accordance with clause 5(b), the Vice-President or the President-elect shall serve for the unexpired term of office and be deemed, for the purposes of clause (3)— (a) to have served a full term as President if, at the date on which the President assumed office, at least three years remain before the date of the next general election; or (b) not to have served a term of office as President if, at the date on which the President assumed office, less than three years remain before the date of the next general election. 46 No. 2 of 2016] Constitution of Zambia (Amendment) Removal of 107. (1) A Member of Parliament, supported by at least one- President on grounds of third of the Members of Parliament, may move a motion for the incapacity investigation of the physical or mental capacity of the President to perform executive functions. (2) The motion moved in accordance with clause (1) shall specify the particulars of the allegation. (3) Where the motion is supported in the National Assembly by a resolution of two-thirds of the Members of Parliament— (a) the Speaker shall, within forty-eight hours of the adoption of the resolution, inform the Chief Justice of the resolution; and (b) the Chief Justice shall immediately inform the President of the resolution, whereupon the President shall cease to perform the executive functions and the Vice- President shall perform the executive functions, except the power to— (i) make an appointment; or (ii) dissolve the National Assembly. (4) The Chief Justice shall, within seven days of being informed of the resolution of the National Assembly, constitute a medical board, in consultation with the body responsible for regulating health practitioners, to inquire into the physical or mental capacity of the President. (5) A medical board shall consist of not less than three persons selected from among persons who are registered as health practitioners. (6) A medical board, constituted under clause (5), shall examine the President and report to the Chief Justice, within fourteen days of the constitution of the medical board, whether or not the President is capable of performing the executive functions. (7) Where the medical board reports that the President is capable of performing the executive functions, the Chief Justice shall, within forty-eight hours of the receipt of the medical report, cause a copy of the report to be presented to the National Assembly which shall resolve that the President should resume performing the executive functions. Constitution of Zambia (Amendment)( [No. 2 of 2016 47 (8) Where the medical board reports that the President is not capable of performing the executive functions, the Chief Justice shall, within forty-eight hours of the receipt of the medical report, cause a copy of the report to be presented to the National Assembly which shall resolve that the President should cease to hold office and the Vice-President shall assume the office of President in accordance with Article 106 (5). (9) This Article applies to the Vice-President. 108. (1) A Member of Parliament, supported by at least one- Impeachment of President third of the Members of Parliament, may move a motion for the impeachment of the President alleging that the President has committed— (a) a violation of a provision of this Constitution or other law; (b) a crime under international law; or (c) gross misconduct. (2) The motion, moved in accordance with clause (1), shall specify the particulars of the allegation. (3) Where a motion, moved in accordance with clause (1), is supported, in the National Assembly, by a resolution of two-thirds of the Members of Parliament— (a) the Speaker shall, within forty-eight hours of the adoption of the resolution, inform the Chief Justice of the resolution; and (b) the Chief Justice shall immediately inform the President of the resolution, whereupon the President shall cease to perform the executive functions and the Vice- President shall perform the executive functions, except the power to— (i) make an appointment; or (ii) dissolve the National Assembly. (4) The Chief Justice shall, within seven days of being informed of the resolution of the National Assembly, appoint a tribunal, in consultation with the Judicial Service Commission, which shall consist of a chairperson and not less than two other members from among persons who hold, have held or qualify to hold, the office of judge. (5) The tribunal appointed under clause (4) shall, within thirty days of its appointment— 48 No. 2 of 2016] Constitution of Zambia (Amendment) (a) investigate the matter relating to the impeachment of the President; and (b) report to the Chief Justice as to whether or not the particulars of the allegations specified in the motion have been substantiated. (6) The President has the right to appear and be represented before the tribunal during its investigation. (7) The Chief Justice shall, on receipt of the report referred to in clause (5) (b), immediately submit the report to the National Assembly. (8) Where the tribunal reports that the particulars of an allegation against the President— (a) is not substantiated, the National Assembly shall, on a motion supported by the votes of not less than two-thirds of the Members of Parliament, taken by secret ballot, resolve that— (i) the President did not commit the violations specified in the motion; and (ii) further proceedings shall not be taken with respect to the allegation; or (b) is substantiated, the National Assembly shall, on a motion supported by the votes of not less than two-thirds of the Members of Parliament, taken by secret ballot, resolve that the President has committed the violations specified in the motion and that the President should cease to hold office forthwith. (9) The President shall, on the passing of a resolution in accordance with— (a) clause (7) (a), resume to perform the executive functions; or (b) clause (7) (b), cease to hold office and be amenable to prosecution without the need to lift the immunity under Article 98. (10) Where a motion is moved in accordance with clause (1), the President shall not dissolve Parliament. (11) This Article applies to the Vice-President. Constitution of Zambia (Amendment) [No. 2 of 2016 49 109. (1) If the President leaves Zambia or is absent from Performance of executive office, the Vice-President shall perform the executive functions functions specified, in writing, by the President until the President returns to during absence of office or revokes the authority. President (2) Where the Vice-President is incapable of performing the executive functions, as specified under clause (1), the President shall appoint a member of the Cabinet to perform the executive functions until the— (a) Vice-President is able to perform those functions; (b) President returns to office; or (c) President revokes the authority. (3) Where the President is unable to appoint a member of Cabinet to perform the executive functions, in accordance with clause (2), Cabinet may elect one of its members to perform the executive functions until the— (a) Vice-President is able to perform those functions; (b) President returns to office; or (c) President revokes the authority. Vice-President 110. (1) There shall be a Vice-President for the Republic who Vice- President, shall be the running mate to a presidential candidate in a presidential election to election. office and swearing in (2) The qualifications and disqualifications applying to a presidential candidate apply to the person selected by the presidential candidate to be the running mate. (3) An election to the office of Vice-President shall be conducted at the same time as that of an election to the office of President so that a vote cast for a presidential candidate is a vote cast for the running mate, and if the presidential candidate is elected, the running mate shall be considered to have been elected. (4) A Vice-President-elect shall be sworn into office by the Chief Justice or, in the absence of the Chief Justice, the Deputy Chief Justice. (5) The Vice-President shall assume office on the same day that the President assumes office. 50 No. 2 of 2016] Constitution of Zambia (Amendment) Tenure of 111. (1) The term of office for a Vice-President is five years. office of Vice- (2) A Vice-President shall hold office from the date the Vice- President and vacancy President-elect is sworn into office and ending on the date the next President-elect is sworn into office. (3) A person who has twice held the office of Vice-President shall not be selected as a running mate. (4) The office of Vice-President becomes vacant if the Vice- President— (a) dies; (b) resigns by notice in writing to the President; (c) otherwise ceases to hold office under Article 81,107 or 108; or (d) assumes the office of President. (5) Where a vacancy occurs in the office of Vice-President, except as provided under Article 81, the President shall appoint another person to be Vice-President and the National Assembly shall, by a resolution supported by the votes of not less than two- thirds of the Members of Parliament, approve the appointment of that person as Vice-President. (6) The person who assumes office as Vice-President, in accordance with clause (5), shall serve for the unexpired term of office and be deemed for the purposes of clause (3)— (a) to have served a full term as Vice-President if, at the date on which the Vice-President assumed office, more than three years remain before the date of the next general election; or (b) not to have served a term of office as Vice-President if, at the date on which the Vice-President assumed office, less than three years remain before the date of the next general elections. Functions of 112. (1) The Vice-President shall be answerable to the Vice- President President in the performance of the functions of Vice-President. (2) The Vice-President shall— (a) perform the functions that are assigned to the Vice- President by the President; Constitution of Zambia (Amendment) [No. 2 of 2016 51 (b) perform the executive functions during the periods specified in this Constitution; and (c) assume the office of President as specified in Article 106 (5). Cabinet Ministers 113. There shall be a Cabinet consisting of the— Cabinet (a) President; (b) Vice-President; (c) Ministers; and (d) Attorney-General, as ex-officio member. 114. (1) The functions of Cabinet are as follows: Functions of Cabinet (a) approve and cause to be implemented Government policy; (b) approve Government Bills for introduction to the National Assembly; (c) approve and cause the national budget to be presented to the National Assembly; (d) recommend the accession and ratification of international agreements and treaties to the National Assembly; (e) recommend, for approval of the National Assembly— (i) loans to be contracted by the State; and (ii) guarantees on loans contracted by State institutions or other institutions; and (f) advise the President on matters relating to the performance of executive functions. (2) Cabinet shall take collective responsibility for Cabinet decisions. 115. (1) Subject to this Article, Cabinet shall regulate its own Proceedings procedure. of Cabinet meetings (2) Cabinet shall meet at least once in every month to perform its functions as specified in Article 114. (3) The Secretary to the Cabinet shall, in consultation with the President, call for meetings of Cabinet. (4) There shall preside at meetings of Cabinet— (a) the President; (b) in the absence of the President, the Vice-President; or 52 No. 2 of 2016] Constitution of Zambia (Amendment) (c) in the absence of the Vice-President, a member of Cabinet appointed by the President. (5) Where the President is unable to appoint a member of Cabinet to preside at a meeting of Cabinet, the members of Cabinet present at the meeting may elect one of the members to preside. (6) The President may, in consultation with the Secretary to the Cabinet, invite a person whose presence is desirable to attend and participate in the deliberations of a meeting of Cabinet but that person shall have no vote. Ministers 116. (1) The President shall appoint a prescribed number of Members of Parliament as Ministers. (2) A Minister shall be responsible, under the direction of the President, for the policy and strategic direction of a Ministry, department or other State institution, as assigned by the President. (3) The office of Minister becomes vacant if— (a) the Minister is removed from office by the President; (b) the Minister resigns, by notice in writing to the President; (c) in the case of a nominated Member of Parliament, the nomination is revoked; (d) the Minister dies; (e) another person assumes the office of President; or (f) the Minister has a mental or physical disability that makes the Minister incapable of performing the functions of that office. Provincial 117. (1) The President shall appoint a Provincial Minister for Minister each Province from among Members of Parliament. (2) The office of Provincial Minister becomes vacant if— (a) the Provincial Minister is removed from office by the President; (b) the Provincial Minister resigns, by notice in writing to the President; (c) the Provincial Minister dies; (d) another person assumes the office of President; (e) the Provincial Minister has a mental or physical disability that makes the Provincial Minister incapable of performing the functions of that office; or Constitution of Zambia (Amendment) [No. 2 of 2016 53 (f) in the case of a nominated Member of Parliament, the nomination is revoked. (3) A Provincial Minister shall— (a) be the head of Government in the Province; (b) ensure that national policies are implemented in all districts in the Province; and (c) ensure that the concurrent functions of the Province and the exclusive functions of the local authorities are performed in accordance with this Constitution and other laws. PART VIII JUDICIARY Judicial Authority, System of Courts and Independence 118. (1) The judicial authority of the Republic derives from Principles of the people of Zambia and shall be exercised in a just manner and judicial authority such exercise shall promote accountability. (2) In exercising judicial authority, the courts shall be guided by the following principles: (a) justice shall be done to all, without discrimination; (b) justice shall not be delayed; (c) adequate compensation shall be awarded, where payable; (d) alternative forms of dispute resolution, including traditional dispute resolution mechanisms, shall be promoted, subject to clause (3); (e) justice shall be administered without undue regard to procedural technicalities; and (f) the values and principles of this Constitution shall be protected and promoted. (3) Traditional dispute resolution mechanisms shall not— (a) contravene the Bill of Rights; (b) be inconsistent with other provisions of this Constitution or other written law; or (c) be repugnant to justice and morality. 119. (1) Judicial authority vests in the courts and shall be Vesting of exercised by the courts in accordance with this Constitution and judicial authority other laws. and performance (2) The courts shall perform the following judicial functions: of judicial function 54 No. 2 of 2016] Constitution of Zambia (Amendment) (a) hear civil and criminal matters; and (b) hear matters relating to, and in respect of, this Constitution. (3) Except as otherwise provided in this Constitution, other law or as ordered by a court, the proceedings of a court shall be in public. System of 120. (1) The Judiciary shall consist of the superior courts and court the following courts: (a) subordinate courts; (b) small claims courts; (c) local courts; and (d) courts, as prescribed. (2) The courts shall be courts of record, except that local courts shall progressively become courts of record. (3) The following matters shall be prescribed: (a) processes and procedures of the courts; (b) jurisdiction, powers and sittings, of the Industrial Relations Court, Commercial Court, Family Court, Children’s Court and other specialised courts; (c) classification and divisions of the subordinate courts; (d) classification and divisions of the local courts; (e) jurisdiction and composition of subordinate courts, small claims courts, local courts and other prescribed courts; and (f) grading of judicial officers and staff of subordinate courts, local courts and other prescribed courts. (4) The courts, except the Supreme Court and the Constitutional Court, shall be devolved to the Province and progressively to districts. (5) Superior courts shall sit as circuit courts in districts, in accordance with a circuit schedule issued by the Chief Justice. Ranking of 121. The Supreme Court and Constitutional Court rank Supreme and equivalently. Constitutional Courts Functional 122. (1) In the exercise of the judicial authority, the Judiciary independence shall be subject only to this Constitution and the law and not be of Judiciary subject to the control or direction of a person or an authority. Constitution of Zambia (Amendment) [No. 2 of 2016 55 (2) A person and a person holding a public office shall not interfere with the performance of a judicial function by a judge or judicial officer. (3) The Judiciary shall not, in the performance of its administrative functions and management of its financial affairs, be subject to the control or direction of a person or an authority. (4) A person and a person holding a public office shall protect the independence, dignity and effectiveness of the Judiciary. (5) The office of a judge or judicial officer shall not be abolished while there is a substantive holder of the office. 123. (1) The Judiciary shall be a self-accounting institution Financial and shall deal directly with the Ministry responsible for finance in independence of Judiciary matters relating to its finances. (2) The Judiciary shall be adequately funded in a financial year to enable it effectively carry out its functions. Establishment, Jurisdiction and sittings of Superior Courts 124. There is established the Supreme Court which consists Establishment and of— composition of Supreme (a) the Chief Justice; Court (b) the Deputy Chief Justice; and (c) eleven other judges or a higher number of judges, as prescribed. 125. (1) Subject to Article 128, the Supreme Court is the final Jurisdiction of Supreme court of appeal. Court (2) The Supreme Court has— (a) appellate jurisdiction to hear appeals from the Court of Appeal; and (b) jurisdiction conferred on it by other laws. (3) The Supreme Court is bound by its decisions, except in the interest of justice and development of jurisprudence. 126. (1) The Supreme Court shall be constituted by an uneven Sittings of Supreme number of not less than three judges, except when hearing an Court interlocutory matter. (2) The Supreme Court shall be constituted by one judge when hearing an interlocutory matter. 56 No. 2 of 2016] Constitution of Zambia (Amendment) (3) The full bench of the Supreme Court shall be constituted by an uneven number of not less than five judges. (4) The Supreme Court shall be presided over by— (a) the Chief Justice; (b) in the absence of the Chief Justice, the Deputy Chief Justice; and (c) in the absence of the Deputy Chief Justice, the most senior judge of the Supreme Court, as constituted. Establishment 127. There is established the Constitutional Court which and composition consists of— of Constitutional (a) the President of the Constitutional Court; Court (b) the Deputy President of the Constitutional Court; and (c) eleven other judges or a higher number of judges, as prescribed. Jurisdiction 128. (1) Subject to Article 28, the Constitutional Court has of Constitutional original and final jurisdiction to hear— Court (a) a matter relating to the interpretation of this Constitution; (b) a matter relating to a violation or contravention of this Constitution; (c) a matter relating to the President, Vice-President or an election of a President; (d) appeals relating to election of Members of Parliament and councillors; and (e) whether or not a matter falls within the jurisdiction of the Constitutional Court. (2) Subject to Article 28 (2), where a question relating to this Constitution arises in a court, the person presiding in that court shall refer the question to the Constitutional Court. (3) Subject to Article 28, a person who alleges that— (a) an Act of Parliament or statutory instrument; (b) an action, measure or decision taken under law; or Constitution of Zambia (Amendment) [No. 2 of 2016 57 (c) an act, omission, measure or decision by a person or an authority; contravenes this Constitution, may petition the Constitutional Court for redress. (4) A decision of the Constitutional Court is not appealable to the Supreme Court. 129. (1) The Constitutional Court shall be constituted by an Sittings of uneven number of not less than three judges, except when hearing Constitutional Court an interlocutory matter. (2) The Constitutional Court shall be constituted by one judge when hearing an interlocutory matter. (3) The full bench of the Constitutional Court shall be constituted by an uneven number of not less than five judges. (4) The Constitutional Court shall be presided over by— (a) the President of the Constitutional Court; (b) in the absence of the President of the Constitutional Court, the Deputy-President of the Constitutional Court; and (c) in the absence of the Deputy-President of the Constitutional Court, the most senior judge of the Constitutional Court, as constituted. 130. There is established the Court of Appeal which consists Establishment and of such number of judges as prescribed. composition of Court of Appeal 131. (1) The Court of Appeal has jurisdiction to hear appeals Jurisdiction of Court of from— Appeal (a) the High Court; (b) other courts, except for matters under the exclusive jurisdiction of the Constitutional Court; and (c) quasi-judicial bodies, except a local government elections tribunal. (2) An appeal from a decision of the Court of Appeal shall be made to the Supreme Court with leave of the Court of Appeal. 132. (1) The Court of Appeal shall be constituted by an uneven Sittings of Court of number of not less than three judges, except when hearing an appeal Appeal in an interlocutory matter. 58 No. 2 of 2016] Constitution of Zambia (Amendment) (2) The Court of Appeal shall be constituted by one judge when hearing an interlocutory matter. Establishment 133. (1) There is established the High Court which consists and of— composition of High (a) the Chief Justice, as an ex-officio judge; and Court (b) such number of judges as prescribed. (2) There are established, as divisions of the High Court, the Industrial Relations Court, Commercial Court, Family Court and Children’s Court. (3) The Chief Justice may constitute, by statutory instrument, specialised courts of the High Court to hear specific matters. (4) The composition of courts specified in clauses (2) and (3) shall be prescribed. Jurisdiction 134. The High Court has, subject to Article 128— of High Court (a) unlimited and original jurisdiction in civil and criminal matters; (b) appellate and supervisory jurisdiction, as prescribed; and (c) jurisdiction to review decisions, as prescribed. Sittings of 135. The High Court shall be constituted by one judge or such High Court other number of judges as the Chief Justice may determine. Chief Justice and other Judges Chief Justice 136. (1) There shall be a Chief Justice who is the head of the Judiciary. (2) The Chief Justice shall— (a) be responsible for the administration of the Judiciary; (b) ensure that a judge and judicial officer perform the judicial function with dignity, propriety and integrity; (c) establish procedures to ensure that a judge and judicial officer independently exercise judicial authority in accordance with the law; (d) ensure that a judge and judicial officer perform the judicial function without fear, favour or bias; and (e) make rules and give directions necessary for the efficient and effective administration of the Judiciary. Constitution of Zambia (Amendment) [No. 2 of 2016 59 137. (1) There shall be a Deputy Chief Justice who shall— Deputy Chief Justice (a) perform the functions of the Chief Justice, when the Chief Justice is absent or there is a vacancy in the office of Chief Justice; (b) assist the Chief Justice in the administration of the Judiciary; and (c) perform the functions assigned by the Chief Justice. (2) The President shall, in consultation with the Judicial Service Commission, designate a judge of the Supreme Court to perform the functions of the Deputy Chief Justice where— (a) the office of the Deputy Chief Justice is vacant; (b) the Deputy Chief Justice is acting as Chief Justice; or (c) the Deputy Chief Justice is for a reason unable to perform the functions of that office. 138. (1) There shall be a President of the Constitutional Court President of who is the head of the Constitutional Court. Constitutional Court (2) The President of the Constitutional Court shall be responsible for the administration of the Constitutional Court under the direction of the Chief Justice. 139. (1) There shall be a Deputy President of the Constitutional Deputy President of Court who shall— Constitutional Court (a) perform the functions of the President of the Constitutional Court, when the President of the Constitutional Court is absent or there is a vacancy in the office of President of the Constitutional Court; (b) assist the President of the Constitutional Court in the administration of the Constitutional Court; and (c) perform the functions assigned by the President of the Constitutional Court. (2) The President shall, in consultation with the Judicial Service Commission, designate a judge of the Constitutional Court to perform the functions of the Deputy President of the Constitutional Court where— (a) the office of the Deputy President of the Constitutional Court is vacant; 60 No. 2 of 2016] Constitution of Zambia (Amendment) (b) the Deputy President of the Constitutional Court is acting as President of the Constitutional Court; or (c) the Deputy President of the Constitutional Court is for a reason unable to perform the functions of that office. Appointment 140. The President shall, on the recommendation of the Judicial of judges Service Commission and subject to ratification by the National Assembly, appoint the— (a) Chief Justice; (b) Deputy Chief Justice; (c) President of the Constitutional Court; (d) Deputy President of the Constitutional Court; and (e) other judges. Qualification 141. (1) A person qualifies for appointment as a judge if that for appointment person is of proven integrity and has been a legal practitioner, in as judge the case of the— (a) Supreme Court, for at least fifteen years; (b) Constitutional Court, for at least fifteen years and has specialised training or experience in human rights or constitutional law; (c) Court of Appeal, for at least twelve years; or (d) High Court, for at least ten years. (2) A person appointed as judge to a specialised court shall have the relevant expertise, as prescribed. Tenure of 142. (1) A judge shall retire from office on attaining the age office of judge of seventy years. (2) A judge may retire, with full benefits, on attaining the age of sixty-five years. (3) The Chief Justice and President of the Constitutional Court shall hold office for not more than ten years and may, thereafter, continue as a judge of the Supreme Court or Constitutional Court, subject to clause (1). (4) A judge who has retired is not eligible for appointment as a judge. Constitution of Zambia (Amendment) [No. 2 of 2016 61 (5) A judge may resign from the office of judge by notice, in writing, to the President. (6) Where a judge is appointed or assigned to an office, which is not an office in the judiciary and that judge wishes to take up the appointment, the judge shall resign from the office of judge. 143. A judge shall be removed from office on the following Removal of judge from grounds: office (a) a mental or physical disability that makes the judge incapable of performing judicial functions; (b) incompetence; (c) gross misconduct; or (d) bankruptcy. 144. (1) The removal of a judge may be initiated by the Judicial Procedure for removal Complaints Commission or by a complaint made to the Judicial of judge Complaints Commission, based on the grounds specified in Article 143. (2) The Judicial Complaints Commission shall, where it decides that a prima facie case has been established against a judge, submit a report to the President. (3) The President shall, within seven days from the date of receiving the report, submitted in accordance with clause (2), suspend the judge from office and inform the Judicial Complaints Commission of the suspension. (4) The Judicial Complaints Commission shall, within thirty days of the judge being suspended from office, in accordance with clause (3)— (a) hear the matter against the judge on the grounds specified in Article 143 (b), (c) and (d); or (b) constitute a medical board, in consultation with the body responsible for regulating health practitioners, to inquire into the matter against the judge based on the ground specified in Article 143(a). 62 No. 2 of 2016] Constitution of Zambia (Amendment) (5) Where the Judicial Complaints Commission decides that an allegation based on a ground specified in Article 143(b), (c) and (d) is— (a) not substantiated, the Judicial Complaints Commission shall recommend, to the President, the revocation of the judge’s suspension and the President shall immediately revoke the suspension; or (b) substantiated, the Judicial Complaints Commission shall recommend, to the President, the removal of the judge from office and the President shall immediately remove the judge from office. (6) The proceedings under clause (4) (a) shall be held in camera and the judge is entitled to appear, be heard and be represented by a legal practitioner or other person chosen by the judge. (7) The medical board, constituted in accordance with clause (4) (b), shall consist of not less than three registered health practitioners. (8) The medical board shall, within thirty days of being constituted, examine the judge and report to the Judicial Complaints Commission on the judge’s capacity to perform the judicial functions. (9) Where the medical board recommends to the Judicial Complaints Commission that the judge is— (a) physically or mentally capable of performing the judicial functions, the Judicial Complaints Commission shall recommend to the President the revocation of the judge’s suspension and the President shall immediately revoke the suspension; or (b) not physically or mentally capable of performing the judicial functions, the Judicial Complaints Commission shall recommend to the President the removal of the judge from office and the President shall immediately remove the judge from office. (10) A judge who refuses to submit to an examination, in accordance with clause (8), shall immediately be removed from office by the President. Constitution of Zambia (Amendment) [No. 2 of 2016 63 Judicial Officers and Chief Administrator 145. (1) The Judicial Service Commission shall appoint judicial Appointment officers, as prescribed. and retirement (2) The qualification for appointment as judicial officer shall be of judicial officers prescribed. (3) A judicial officer shall retire on attaining the age of sixty- five years. (4) A judicial officer may retire, with full benefits, on attaining the age of fifty-five years. 146. (1) There shall be a Chief Administrator for the Judiciary Chief Administrator who shall be appointed by the Judicial Service Commission. of Judiciary (2) The functions and qualifications of the Chief Administrator for the Judiciary shall be prescribed. PART IX GENERAL PRINCIPLES OF DEVOLVED GOVERNANCE System of Devolved Governance 147. (1) The management and administration of the political, System of social, legal and economic affairs of the State shall be devolved devolved governance from the national government level to the local government level. (2) The concurrent and exclusive functions of the national, provincial and local government levels are as listed in the Annex and as prescribed. (3) The different levels of government shall observe and adhere to the following principles: (a) good governance, through democratic, effective and coherent governance systems and institutions; (b) respect for the constitutional jurisdiction of each level of government; (c) autonomy of the sub-structures; and (d) equitable distribution and application of national resources to the sub-structures. 148. (1) Local governance shall be undertaken through sub- Sub- structures of structures. local government (2) The Government shall provide adequate resources for the performance of the functions of the sub-structures. 64 No. 2 of 2016] Constitution of Zambia (Amendment) PART X PROVINCES, DISTRICTS, WARDS AND PROVINCIAL ADMINISTRATION Provinces, Districts and Wards Provinces, 149. (1) The President may, subject to the approval of the districts and wards National Assembly, create or divide a Province or merge two or more Provinces, as prescribed. (2) A Province shall consist of such number of districts, as prescribed. (3) A district shall consist of such number of wards, as prescribed. (4) A Province, district and ward shall be delimited, as prescribed. (5) Without prejudice to clause (1), sixty percent or more of the registered voters in a Province may petition the President to— (a) merge a Province with another Province; or (b) divide a Province into two or more Provinces. (6) Where the President receives a petition under clause (5), and after due inquiry, the President may, by statutory order, declare the merger of the Province with another Province or the division of the Province into two or more Provinces, subject to ratification by the National Assembly. (7) Where the National Assembly ratifies the establishment of a new Province under this Article, the Electoral Commission shall delineate the boundaries of the Province created. Provincial Administration Provincial 150. (1) There shall be established for each Province an administration administrative secretariat, which shall consist of— (a) a Provincial Minister; (b) a provincial Permanent Secretary; and (c) other staff, as prescribed. (2) The provincial secretariat shall have overall responsibility of the Province and perform other functions as prescribed. Constitution of Zambia (Amendment) [No. 2 of 2016 65 PART XI LOCAL GOVERNMENT System of Local Government 151. (1) There is established a local government system System of where— local government (a) functions, responsibilities and resources from the national Government and provincial administration are transferred to the local authorities in a co-ordinated manner; (b) the people’s participation in democratic governance is promoted; (c) co-operative governance with the national Government, provincial administration and local authorities is promoted to support and enhance the developmental role of local government; (d) the capacity of local authorities to initiate, plan, manage and execute policies in respect of matters that affect the people within their respective districts is enhanced; (e) social, spatial, financial and economic planning, at the district level, is developed, prioritised and promoted; (f) a sound financial base is established for each local authority with reliable and predictable sources of revenue; (g) the performance of persons employed by the national Government and provincial administration to provide services in the sub-structures is overseen by local authorities; (h) the provision of Government services is monitored and projects are implemented in sub-structures; (i) accountability of local authorities is ensured; and (j) the right of local authorities to manage their affairs and to form partnerships, networks and associations to assist in the management of their respective districts and further their development is recognised. (2) The local government system shall— (a) be based on democratically elected councils; (b) promote democratic and accountable exercise of power; (c) foster national unity; 66 No. 2 of 2016] Constitution of Zambia (Amendment) (d) ensure that services are provided to sub-structures in an equitable and sustainable manner; (e) promote social and economic development; (f ) promote a clean, safe and healthy environment; and (g) encourage the involvement of communities and community organisations in matters of local government. Local 152. (1) A local authority shall— authorities (a) administer the district; (b) oversee programmes and projects in the district; (c) make by-laws; and (d) perform other prescribed functions. (2)The national Government and the provincial administration shall not interfere with or compromise a local authority’s ability or right to perform its functions. (3) There shall be a council for each local authority. (4) There shall be a Town Clerk or Council Secretary for each local authority and other staff of the local authority, as prescribed. Election of 153. (1) A councillor shall be elected in accordance with Article councillors, 47(3) by registered voters resident within the district. composition of councils and tenure (2)A council shall consist of the following councillors— (a) persons elected in accordance with clause (1); (b) a mayor or council chairperson elected in accordance with Article 154; and (c) not more than three chiefs representing chiefs in the district, elected by the chiefs in the district. (3) The system of electing chiefs specified in clause (2) (b) shall be prescribed. (4)A person qualifies to be elected as a councillor, excluding councillors specified under clause (2) (b), if that person— (a) is not a Member of Parliament; (b) is not less than nineteen years of age; (c) has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent; Constitution of Zambia (Amendment) [No. 2 of 2016 67 (d) is a citizen or a holder of a resident permit, resident in the district; and (e) has a certificate of clearance showing the payment of council taxes, where applicable. (5) A council may invite a person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of the council but that person shall have no vote. (6) The term of a council shall be five years commencing from the date the councillors are sworn into office after a general election and ending on the date Parliament is dissolved. 154. (1) There shall be a mayor and deputy mayor or council Mayor, chairperson and deputy council chairperson for every council, as deputy mayor, prescribed. council chairperson (2) A mayor and council chairperson shall be elected— and deputy council (a) directly, in accordance with Article 47 (3) during elections chairperson for councillors, as prescribed; and (b) for a term of five years and may be re-elected for one further term of five years. (3)A deputy mayor and a deputy council chairperson shall be elected by the councillors from amongst themselves. 155. A councillor shall act in a manner that is consistent with Conduct of a councillor’s civic duties and responsibilities, as prescribed. councillor 156. Councillors shall be collectively and individually Accountability of accountable to the national Government and residents in their wards councillors and districts, for the performance of their functions. 157. (1) A councillor shall vacate office on dissolution of a Vacation of office of council. councillor and (2) The office of councillor becomes vacant if— vacancies (a) the councillor ceases to be a resident of the district; (b) the councillor resigns by one month’s notice, in writing, to the mayor or council chairperson; (c) the councillor becomes disqualified for election under Article 153; (d) the result of an election for that councillor is nullified by a local government elections tribunal established in accordance with Article 159; 68 No. 2 of 2016] Constitution of Zambia (Amendment) (e) the councillor acts contrary to the code of ethics provided for in Article 155; (f) the councillor has a mental or physical disability that makes the councillor incapable of performing the functions of councillor; or (g) the councillor dies. (3) Where a councillor resigns in accordance with clause (2) (b), (c), (d) and (e) the councillor shall not be eligible for re-election as councillor for the duration of the term of that council. By-election 158. (1) Where a vacancy occurs in the office of mayor, council for council chairperson or councillor— (a) the Town Clerk or Council Secretary of the local authority shall, within seven days of the occurrence of the vacancy, inform the Electoral Commission, in writing, of the vacancy; and (b) a by-election shall be held in accordance with Article 57. (2) If a person is elected to the office of mayor, council chairperson or councillor in a by-election, that mayor, council chairperson or councillor shall serve for the unexpired term of the council and be deemed— (a) to have served a full term as mayor, council chairperson or councillor if, at the date on which the councillor assumed office, at least three years remain before the date of the next general election; or (b) not to have served a term of office as mayor, council chairperson or councillor, if, at the date on which the councillor assumed office, less than three years remain before the date of the next general election. Local 159. (1) The Chief Justice shall establish such number of government elections ad hoc local government elections tribunals as are necessary to tribunals and hear whether— petitions (a) a person has been validly elected as a councillor; or (b) the office of a councillor has become vacant. (2) A local government elections tribunal shall be presided over by a magistrate of competent jurisdiction sitting with two legal practitioners appointed by the Chief Justice. Constitution of Zambia (Amendment) [No. 2 of 2016 69 (3) A person may file an election petition with a local government elections tribunal to challenge the election of a councillor. (4) An election petition shall be heard within thirty days of the filing of the petition. (5) A person may appeal a decision of a local government elections tribunal to the Constitutional Court. (6) A councillor whose election is petitioned shall hold the seat in the council pending the determination of the election petition. (7) The Chief Justice shall make rules for the functions, composition, appointment of members, tenure of office of members, procedures and jurisdiction of a local government elections tribunal. 160. A person who obtains a judgment against a local authority Enforcement may enforce the judgment against the local authority after one of judgment against local year from the date of the delivery of the judgment. authority 161. A local authority is competent to levy, impose, recover Revenue of and retain local taxes, as prescribed. local authorities 162. (1) There is established the Constituency Development Constituency Fund. Development Fund (2) The appropriation of monies to the Constituency Development Fund and the management, disbursement, utilisation and accountability of the Constituency Development Fund shall be prescribed. 163. (1) There is established the Local Government Local Equalisation Fund. Government Equalisation Fund and (2) Parliament shall annually appropriate monies to the Local funds for Government Equalisation Fund which shall be disbursed by the local Ministry responsible for finance to local authorities. authorities (3)The Government may provide additional funds and grants to a local authority, as prescribed. 164. The following shall be prescribed: Legislation on local (a) regulation of local authorities; authorities (b) sub-structures and their relationships; (c) financial control and accountability of a local authority; (d) raising of loans, grants and other financial instruments by local authorities; 70 No. 2 of 2016] Constitution of Zambia (Amendment) (e) election of councillors; and (f) the effective implementation of this Part. PART XII CHIEFTAINCY AND HOUSE OF CHIEFS Institution of 165. (1) The institution of chieftaincy and traditional institutions chieftaincy are guaranteed and shall exist in accordance with the culture, and traditional customs and traditions of the people to whom they apply. institutions (2) Parliament shall not enact legislation which— (a) confers on a person or authority the right to recognise or withdraw the recognition of a chief; or (b) derogates from the honour and dignity of the institution of chieftaincy. Status of 166. The institution of chieftaincy— institution of chieftaincy (a) is a corporation sole with perpetual succession and capacity to sue and be sued; and (b) has capacity to hold property in trust for its subjects. Rights and 167. A chief— privileges of chiefs (a) may own property in a personal capacity; and (b) shall enjoy privileges and benefits— (i) bestowed on the office of chief by or under culture, custom and tradition; and (ii) attached to the office of chief, as prescribed. Participation 168. (1) Subject to clause (2), a chief may seek and hold a of chiefs in public office. public affairs (2) A chief who seeks to hold office in a political party or election or appointment to a State office, except that of councillor, shall abdicate the chief’s throne. (3) The role of a chief in the management, control and sharing of natural and other resources in the Chiefdom shall be prescribed. House of 169. (1) There is established a House of Chiefs. Chiefs and function (2) The House of Chiefs shall consist of five chiefs from each province, elected by the chiefs in a Province, as prescribed. Constitution of Zambia (Amendment) [No. 2 of 2016 71 (3) The members of the House of Chiefs shall annually elect a Chairperson and Vice-Chairperson of the House of Chiefs, from amongst themselves. (4) Notwithstanding clause (3), the assumption of office as Chairperson and Vice-Chairperson of the House of Chiefs shall rotate annually amongst the chiefs from each province. (5) The functions of the House of Chiefs are to — (a) consider and discuss a Bill relating to custom or tradition referred to it by the President, before the Bill is introduced into the National Assembly; (b) initiate, discuss and make recommendations to the National Assembly regarding socio-economic development in the Province; (c) initiate, discuss and decide on matters relating to customary law and practice; (d) initiate, discuss and make recommendations to a local authority regarding the welfare of communities in a local authority; (e) make proposals on areas in customary law that require codification; (f) advise the Government on traditional and customary matters; and (g) perform other functions as prescribed. 170. (1) A Member of the House of Chiefs— Tenure of office and (a) shall hold office for a term of five years and is eligible for vacancy election for a further term of five years; and (b) may resign by one month’s notice, in writing, to the Chairperson. (2) The office of a member of the House of Chiefs becomes vacant if the Chief— (a) dies; (b) ceases to be a chief; (c) resigns; 72 No. 2 of 2016] Constitution of Zambia (Amendment) (d) is convicted of an offence; (e) is an undischarged bankrupt; or (f) has a mental or physical disability that makes the chief incapable of performing the functions of a member of the House of Chiefs. Staff of 171. (1) There shall be a Clerk of the House of Chiefs and House of other staff, as prescribed. Chiefs (2) The office of the Clerk of the House of Chiefs and other staff of the House of Chiefs are offices in the public service. Legislation 172. The following matters shall be prescribed— on House of Chiefs (a) the procedures and processes of the House of Chiefs; (b) the emoluments of the Clerk and other staff of the House of Chiefs; (c) the application of the privileges and immunities of a Member of Parliament to a member of the House of Chiefs; and (d) other matters necessary for the better carrying out of the purposes of this Part. PART XIII PUBLIC SERVICE Values and Principles Values and 173. (1) The guiding values and principles of the public service principles of public include the following— service (a) maintenance and promotion of the highest standards of professional ethics and integrity; (b) promotion of efficient, effective and economic use of national resources; (c) effective, impartial, fair and equitable provision of public services; (d) encouragement of people to participate in the process of policy making; (e) prompt, efficient and timely response to people’s needs; (f) commitment to the implementation of public policy and programmes; (g) accountability for administrative acts; Constitution of Zambia (Amendment) [No. 2 of 2016 73 (h) proactively providing the public with timely, accessible and accurate information; (i) merit as the basis of appointment and promotion; (j) adequate and equal opportunities for appointments, training and advancement of members of both gender and members of all ethnic groups; and (k) representation of persons with disabilities in the composition of the public service at all levels. (2) The values and principles specified in clause (1) apply to service— (a) at national, provincial and local government levels; and (b) to all State organs and State institutions. (3) A public officer shall not be— (a) victimised or discriminated against for having performed functions in good faith in accordance with this Constitution or other law; or (b) removed from office, reduced in rank or otherwise punished without just cause and due process. Constituting Offices for Public Service 174. (1) Subject to the recommendations of the relevant Constituting offices for Service Commission, the power to constitute offices for the public public service and to abolish those offices vests in the President. service (2) The President shall not abolish an office in the public service while there is a substantive holder of the office. (3) The President may, by statutory instrument, declare that an office constituted by the President shall not be an office in the public service. (4) Appointment to an office declared by the President not to be an office in the public service shall be made by the President. 175. For the purposes of this Constitution, a person shall not Holding of office in be considered as holding an office in the public service by reason public only that the person is in receipt of emoluments in respect of service service under or for the Government. 74 No. 2 of 2016] Constitution of Zambia (Amendment) Constitutional Office Holders Secretary to 176. (1) There shall be a Secretary to the Cabinet who shall Cabinet be appointed by the President, in consultation with the Civil Service Commission, subject to ratification by the National Assembly. (2) The Secretary to the Cabinet shall— (a) be chief advisor to the President on the management of the public service; (b) be the head of the public service and responsible to the President for securing the general efficiency and effectiveness of the public service; (c) ensure that public services are delivered to the public efficiently; (d) in accordance with instructions of the President— (i) arrange the affairs of Cabinet; (ii) attend meetings of Cabinet; (iii) cause to be written and kept minutes of meetings of Cabinet; and (iv) convey decisions made by Cabinet to appropriate authorities; (e) monitor the implementation of Government policies and Cabinet decisions; and (f) perform other functions as prescribed. (3) A person qualifies to be appointed as Secretary to the Cabinet if that person has or had at least ten years experience as a permanent secretary or equivalent rank. (4) The term of office of the Secretary to the Cabinet shall be five years, subject to renewal for further terms. (5) The Secretary to the Cabinet may resign from office by giving three months’ notice, in writing, to the President. Attorney- 177. (1) There shall be an Attorney-General, who shall be General appointed by the President, subject to ratification by the National Assembly. (2) The Attorney-General shall not hold another public office. (3) The Attorney-General shall be a person qualified to be appointed as a judge. Constitution of Zambia (Amendment) [No. 2 of 2016 75 (4) The Attorney-General shall not be subject to the direction or control of a person or an authority in the performance of the Attorney-General’s functions. (5) The Attorney-General is the chief legal adviser to the Government and shall— (a) be head of the Attorney-General’s Chambers; (b) sign Government Bills to be presented to the National Assembly; (c) represent the Government in civil proceedings to which Government is a party; (d) give advice on an agreement, treaty or convention to which Government intends to become a party or in respect of which the Government has an interest before they are concluded, except where the National Assembly otherwise directs, and subject to conditions as prescribed; and (e) perform other functions, as prescribed. (6) The Attorney-General’s Chambers shall be devolved to the Provinces and progressively to districts. 178. (1) The office of the Attorney-General becomes vacant Vacancy in office of if— Attorney- General (a) the Attorney-General is removed from office by the President; (b) another person assumes the office of President; (c) the Attorney-General dies; or (d) the Attorney-General has a mental or physical disability that makes the Attorney-General incapable of performing the functions of that office. (2) The Attorney-General may resign from office by giving three months’ notice, in writing, to the President. 179. (1) There shall be a Solicitor-General who shall be Solicitor- appointed by the President, subject to ratification by the National General Assembly. (2) A person qualifies for appointment as Solicitor-General if that person is qualified for appointment as a judge. (3) The Solicitor-General shall not hold another public office. 76 No. 2 of 2016] Constitution of Zambia (Amendment) (4) The office of Solicitor-General becomes vacant if— (a) the Solicitor-General is removed from office by the President; (b) another person assumes the office of President; (c) the Solicitor-General dies; or (d) the Solicitor-General has a mental or physical disability that makes the Solicitor-General incapable of performing the functions of that office. (5) The Solicitor-General shall assist the Attorney-General in the performance of the Attorney- General’s functions. (6) A function conferred on the Attorney-General by this Constitution or other law shall be performed by the Solicitor-General when the Attorney-General is unable to act owing to illness or absence from office for a reason. (7) The Solicitor-General may resign from office by giving three months’ notice, in writing, to the President. Director of 180. (1) There shall be a Director of Public Prosecutions who Public Prosecutions shall be appointed by the President, subject to ratification by the National Assembly. (2) A person qualifies for appointment as Director of Public Prosecutions if that person— (a) has experience in undertaking criminal trials; and (b) is qualified to be appointed as a judge. (3) The Director of Public Prosecutions is the chief prosecutor for the Government and head of the National Prosecutions Authority. (4)The Director of Public Prosecutions may— (a) institute and undertake criminal proceedings against a person before a court, other than a court-martial, for an offence alleged to have been committed by that person; (b) take over and continue criminal proceedings instituted or undertaken by another person or authority; and (c) discontinue, at any stage before judgment is delivered, criminal proceedings instituted or undertaken by the Director of Public Prosecutions or another person or authority. Constitution of Zambia (Amendment) [No. 2 of 2016 77 (5) For the purposes of clause (4), an appeal from a judgment, a House of Chiefs and case stated or to a question of law reserved shall be part of the functions criminal proceedings. (6) The power conferred on the Director of Public Prosecutions under clause (4)(c) shall not be exercised in relation to an appeal by a convicted person, a case stated or a question of law reserved at the instance of that person. (7) The Director of Public Prosecutions shall not be subject to the direction or control of a person or an authority in the performance of the functions of that office, except that the Director of Public Prosecutions shall have regard to the public interest, administration of justice, the integrity of the judicial system and the need to prevent and avoid abuse of the legal process. (8)The functions of the Director of Public Prosecutions may be exercised in person or by a public officer or legal practitioner, authorised by the Director of Public Prosecutions, acting under the general or special instructions of the Director of Public Prosecutions. (9) The National Prosecutions Authority shall be established as prescribed and shall devolve to the provinces and progressively to the districts. 181. Where the Director of Public Prosecutions is absent from Performance Zambia or is unable to perform the functions of office due to illness of functions of Director or other cause, the President shall appoint a person qualified to of Public Prosecutions perform the functions of Director of Public Prosecutions to perform during those functions until that appointment is revoked or until the Director absence, illness or of Public Prosecutions returns to office. other cause 182. (1) Subject to this Article, the Director of Public Tenure of office of Prosecutions shall retire from office on attaining the age of sixty Director of years. Public Prosecutions (2) The Director of Public Prosecutions may retire, with full benefits, on attaining the age of fifty-five years. (3) The Director of Public Prosecutions may be removed from office on the same grounds and procedure as apply to a judge. (4) The Director of Public Prosecutions may resign from office by three months’ notice, in writing, to the President. 78 No. 2 of 2016] Constitution of Zambia (Amendment) Secretary to 183. (1) There shall be a Secretary to the Treasury who shall Treasury be appointed by the President, in consultation with the Civil Service Commission, subject to ratification by the National Assembly. (2) The Secretary to the Treasury shall be the chief controlling officer of the Government. (3) The Secretary to the Treasury shall— (a) be responsible and accountable for— (i) the proper financial management and expenditure of public monies appropriated to a State organ, Province, local authority, State institution or other prescribed body; and (ii) monies raised from sources within or outside Zambia by a Province, local authority, State institution or other prescribed body; (b) oversee the formulation and implementation of the macro- economic frameworks and socio-economic plans of the Republic; (c) provide a regulatory framework for sound financial management; (d) cause to be prepared annual estimates of revenue and expenditure, supplementary estimates of expenditure and the budget; and (e) carry out other prescribed functions. (4) A person qualifies to be appointed as Secretary to the Treasury if that person qualifies for appointment as Governor of the Bank of Zambia. (5) The term of office of the Secretary to the Treasury shall be five years, subject to renewal for further terms. (6) The Secretary to the Treasury may resign from office by three months’ notice, in writing, to the President. Permanent 184. (1) The President shall, on the advice of the Civil Service Secretaries Commission, appoint a Permanent Secretary for a Province, ministry or department. (2) A Permanent Secretary shall— (a) carry out or cause to be carried out the portfolio functions of the provincial administration, ministry or department; Constitution of Zambia (Amendment) [No. 2 of 2016 79 (b) advise the Minister or provincial Minister with respect to the activities, projects and programmes of the Province, ministry or department; (c) cause to be implemented the policies of the Government and decisions of Cabinet; (d) be responsible and accountable for the proper financial management and expenditure of public monies appropriated to the Province, ministry or department; and (e) be responsible and accountable for the management of human resources in the provincial secretariat, ministry or department. Public Officers 185. (1) The President has, in accordance with and subject Appointment to the other provisions of this Constitution, the power to— of public officers (a) appoint and confirm public officers; (b) exercise disciplinary control over public officers; and (c) terminate the employment of a public officer. (2) The President’s functions, as specified in clause (1), shall be exercised by the relevant Service Commission as specified in this Constitution and as prescribed. (3) A person shall not be regarded as disqualified for appointment to an office to which a public officer is qualified to be appointed by reason only that the office is held by a person who is on leave of absence pending relinquishment of that office. (4) A function of a service commission may be delegated to a public officer, as prescribed. 186. (1) A public officer who seeks election, or is appointed, Participation in politics to a State office shall resign. (2) Clause (1) applies to a Constitutional office holder. PART XIV PENSION BENEFIT 187. (1) An employee, including a public officer and Pension Constitutional office holder, has a right to a pension benefit. benefit (2) A pension benefit shall not be withheld or altered to that employee’s disadvantage. 80 No. 2 of 2016] Constitution of Zambia (Amendment) (3) The law to be applied with respect to a pension benefit– (a) before the commencement of this Constitution, shall be the law that was in force immediately before the date on which the pension benefit was granted or the law in force at a later date that is not less favourable to that employee; and (b) after the commencement of this Constitution, shall be the law in force on the date on which the pension benefit was granted or the law in force at a later date that is not less favourable to that employee. Review of 188. (1) A pension benefit shall be reviewed periodically to pension take into account actuarial assessments. benefit and tax (2) A pension benefit shall be exempt from tax. exemption Payment of 189. (1) A pension benefit shall be paid promptly and regularly. pension benefits (2) Where a pension benefit is not paid on a person’s last working day, that person shall stop work but the person’s name shall be retained on the payroll, until payment of the pension benefit based on the last salary received by that person while on the payroll. PART XV DEFENCE AND NATIONAL SECURITY Principles 190. (1) The Defence Force and national security services relating to shall— Defence Force and (a) be nationalistic, patriotic, professional, disciplined and national security competent; services (b) be non-partisan; (c) not further the interests or cause of a particular organisation; and (d) not act against a political interest or cause permitted in this Constitution or as prescribed. (2) Clause (1) shall not prevent a member of the Defence Force and national security services from registering as a voter or voting in an election or a referendum. Status of 191. The Defence Force and national security services shall Defence be— Force and national (a) subordinate to civilian authority, as vested in the State security services organs; and Constitution of Zambia (Amendment) [No. 2 of 2016 81 (b) adequately and properly equipped to enable them effectively perform their functions. 192. (1) There is established the Defence Force of Zambia Establishment of Defence consisting of— Force and functions (a) the Zambia Army; (b) the Zambia Air Force; (c) the Zambia National Service, as an auxiliary unit; and (d) other units, as prescribed. (2) The Defence Force shall— (a) preserve and defend the sovereignty and territorial integrity of the Republic; (b) foster harmony and understanding between the Zambia Army, Zambia Air Force, an auxiliary unit and members of society; and (c) co-operate with State organs and State institutions in times of public emergencies and national disasters. 193. (1) There are established the following national security Establishment of national services— security services and (a) the Zambia Police Service; functions (b) the Zambia Security Intelligence Service; (c) the Zambia Correctional Service; and (d) any other national security service, as prescribed. (2) The Zambia Police Service shall— (a) protect life and property; (b) preserve peace and maintain law and order; (c) ensure the security of the people; (d) detect and prevent crime; (e) uphold the Bill of Rights; (f) foster and promote good relationships with the Defence Force, other national security services and members of society; and (g) perform other functions as prescribed. 82 No. 2 of 2016] Constitution of Zambia (Amendment) (3) The Zambia Security Intelligence Service shall— (a) ensure national security by undertaking security intelligence and counter intelligence; (b) prevent a person from suspending, overthrowing or illegally abrogating this Constitution; and (c) perform other functions as prescribed. (4) The Zambia Correctional Service shall— (a) manage, regulate and ensure the security of prisons and correctional centres; and (b) perform other functions as prescribed. Qualification 194. A person is qualified to serve as a member of the Defence to serve in Force and national security services if the person is— Defence Force and (a) a citizen who does not hold dual citizenship; and national security service (b) qualified as prescribed. Deployment 195. (1) The President may deploy personnel of the Defence outside Republic Force outside the Republic. (2) Where the President deploys personnel of the Defence Force outside the Republic, the President shall, as soon as is reasonably practicable, inform the National Assembly of the deployment. Prohibition 196. Except as provided in this Constitution, a person shall not— of activities relating to (a) raise or participate in the raising of an armed force; defence and (b) establish or participate in the establishment of a defence national security force or national security service; or (c) establish or participate in the establishment of a unit of the Defence Force or national security service. Legislation 197. The following shall be prescribed: on Defence Force and (a) the regulation of the Defence Force and national security national services; security services (b) the organs and structures of the Defence Force and national security services; (c) the operations and administration of the Defence Force and national security services; (d) the recruitment of persons into the Defence Force and national security services, which shall reflect the regional diversity of the people of Zambia; Constitution of Zambia (Amendment) [No. 2 of 2016 83 (e) the appointment, qualifications, placement, transfer, discipline and retirement of defence and security chiefs and other personnel of the Defence Force and national security services; (f) the emoluments of personnel and members of the Defence Force and national security services; (g) the procedures and processes for deployment of the personnel of the Defence Force; and (h) other functions as prescribed. PART XVI PUBLIC FINANCE AND BUDGET 198. The guiding principles of public finance include the Principles following: relating to public (a) transparency and accountability in the development or finance formulation of macro-economic frameworks, socio- economic plans and the budget; (b) promotion of a public finance system that ensures that— (i) the burden of taxation is shared fairly; (ii) revenue raised nationally is shared equitably among the different levels of government; and (iii) expenditure promotes the equitable development of the country; (c) sustainable public borrowing to ensure inter-generational equity; and (d) prudent and responsible use of public resources. 199. (1) A tax shall not be imposed, except as prescribed. Imposition of tax (2) Where legislation confers power on a person or an authority to waive or vary a prescribed tax the power shall be exercised through a statutory instrument. (3) A report explaining the waiver or variation of a tax shall be submitted to the National Assembly within twenty-one days of the publication of the statutory instrument. 200. (1) There is established a Consolidated Fund to which Consolidated Fund shall be credited the revenues and other monies accruing to the Treasury. 84 No. 2 of 2016] Constitution of Zambia (Amendment) (2) Clause (1) does not apply to monies— (a) prescribed for a public fund established for a specific purpose; or (b) that a State organ or State institution may retain for the purpose of defraying the expenses of the State organ or State institution, as prescribed. Withdrawal 201. (1) Monies shall not be withdrawn from the Consolidated from Fund except— Consolidated Fund (a) to meet expenditure charged on the Consolidated Fund by this Constitution or as prescribed; or (b) where the issuance of those monies has been authorised by a warrant signed by the President, an Appropriation Act or a Supplementary Appropriation Act in accordance with Article 203. (2) The investment or lending of monies forming part of the Consolidated Fund, in accordance with Articles 206 and 207, respectively, shall not be considered a withdrawal from the Consolidated Fund. Annual 202. (1) The Minister responsible for finance shall prepare financial estimates of and lay before the National Assembly in each financial year, not revenue and later than ninety days before the commencement of the next financial expenditure year, estimates of revenue and expenditure for the Republic. (2) The Minister responsible for finance shall, when presenting the estimates of revenue and expenditure, in accordance with clause (1), specify the maximum limits that the Government intends to borrow or lend in that financial year. (3) In a year where a general election is held, the Minister responsible for finance shall cause to be prepared and laid before the National Assembly, within ninety days of the swearing in of the President, estimates of revenue and expenditure for the Republic for the next financial year. (4) The National Assembly may vary estimates of revenue and expenditure but shall not amend the total amount of estimates of revenue and expenditure. (5) The National Assembly shall, by a resolution of the Members of Parliament, approve the financial estimates of revenue and expenditure for the next financial year. Constitution of Zambia (Amendment) [No. 2 of 2016 85 203. (1) Where estimates of revenue and expenditure have Appropriation Act, been approved by the National Assembly in accordance with Article Supplementary 202, the Minister responsible for finance shall lay, before the National Appropriation Act and Assembly for enactment, an Appropriation Bill in respect of the Excess approved estimates of expenditure. Expenditure Appropriation (2) The Minister responsible for finance shall, where the Act amount appropriated in an Appropriation Act for a financial year is insufficient to meet expenditure in that financial year, lay before the National Assembly for approval, in accordance with Article 202 (5), a supplementary estimate of expenditure. (3) Where a supplementary estimate of expenditure has been approved by the National Assembly, the Minister responsible for finance shall lay, before the National Assembly for enactment, a Supplementary Appropriation Bill in respect of the approved supplementary estimate of expenditure. (4) Where there is an urgent need to incur expenditure for a purpose that has not been appropriated under the Appropriation Act for that financial year and it would not be in the public interest to delay the appropriation of the expenditure until a supplementary estimate is approved by the National Assembly, in accordance with clauses (2) and (3), the President may, subject to Article 204, issue a warrant authorising the expenditure and withdrawal from the Consolidated Fund. (5) The Minister responsible for finance shall present the warrant referred to in clause (4) to the relevant parliamentary committee for approval. (6) The parliamentary committee shall consider the warrant within forty-eight hours of its presentation by the Minister responsible for finance. (7) Where expenditure is incurred in accordance with clause (4), the Minister responsible for finance shall, in that financial year, lay an Excess Expenditure Appropriation Bill before the National Assembly for enactment. (8) Where it is not practicable to lay an Excess Expenditure Appropriation Bill before the National Assembly, in accordance with clause (7), the Minister responsible for finance shall lay the Excess Expenditure Appropriation Bill before the National Assembly during the first sitting of the National Assembly after the end of the preceding financial year. 86 No. 2 of 2016] Constitution of Zambia (Amendment) Limitation 204. (1) The issuance of a warrant, in accordance with Article and conditions of 203 (4), shall be subject to limitations and conditions, as prescribed. warrant (2) The President shall, immediately after signing a warrant in accordance with Article 203 (4), cause a copy of the warrant to be transmitted to the Auditor-General and Parliament. Budget and 205. The following shall be prescribed: planning legislation (a) the financial management and regulation of public funds; (b) the preparation of medium and long-term financing frameworks and development plans; (c) the budget preparation process; (d) public participation, at all levels of government, in the formulation of financing frameworks, development plans and preparation of annual budgets; (e) the content of the financial report of the Republic provided for in Article 211; and (f) the control and disbursement of appropriated funds. Investment 206. (1) Monies forming part of the Consolidated Fund may of public funds be invested into readily marketable securities and deposits or other secure investments, with a financial institution approved by the Minister responsible for finance. (2) The investment of monies made in accordance with clause (1) shall be prescribed. Borrowing 207. (1) The Government may, as prescribed— and lending by (a) raise a loan or grant on behalf of itself, a State organ, Government State institution or other institution; (b) guarantee a loan on behalf of a State organ, State institution or other institution; or (c) enter into an agreement to give a loan or grant out of the Consolidated Fund, other public fund or public account. (2) Legislation enacted under clause (1) shall provide— (a) for the category, nature and other terms and conditions of a loan, grant or guarantee, that will require the approval by the National Assembly before the loan, grant or guarantee is executed; and Constitution of Zambia (Amendment) [No. 2 of 2016 87 (b) that any monies received in respect of a loan or grant approved by the National Assembly shall be paid into the Consolidated Fund, or other public fund or public account. 208. (1) A public debt shall be a charge on the Consolidated Public debt Fund or other public fund. (2) For the purposes of this Article, “public debt” includes the interest on that debt, sinking fund payments in respect of that debt and the costs, charges and expenses incidental to the management of that debt. 209. (1) There is established a Compensation Fund for the Compensation purpose of settling claims against the State. Fund (2) The management of the Compensation Fund shall be prescribed. 210. (1) A State organ, State institution and other public office Public shall procure goods or services, in accordance with a system that procurement and disposal is fair, equitable, transparent, competitive and cost-effective, as of State prescribed. assets (2) A major State asset shall be sold, transferred or otherwise disposed of, as prescribed, subject to the approval of the National Assembly signified by a vote of at least two-thirds of the Members of Parliament. (3) For the purposes of this Article, “major State asset” includes a parastatal and equity held by the Government, as prescribed. 211. (1) The Minister responsible for finance shall, within three Financial months after the end of each financial year, prepare and submit to report of Republic the Auditor-General the financial report of the Republic in respect of the preceding financial year. (2) The Auditor-General shall, within two months of receipt of the financial report, examine the financial report and express an opinion on the report. (3) The Minister responsible for finance shall, within one month after the receipt of the Auditor-General’s opinion, lay the financial report, with the Auditor-General’s opinion, before the National Assembly. (4) The financial report shall include information on— (a) revenue received by the Republic during that financial year; 88 No. 2 of 2016] Constitution of Zambia (Amendment) (b) the expenditure of the Republic during that financial year; (c) gifts, donations and aid-in-kind received on behalf of the Republic in that financial year, their value and how they were disposed of; (d) debt repayments; (e) payments made in that financial year for purposes other than expenditure; (f) the financial position of the Republic at the end of that financial year; and (g) other information as prescribed. Auditor- 212. The Auditor-General shall, not later than nine months General’s report after the end of a financial year, submit an audit report to the President and the National Assembly, on the accounts of the Republic audited in respect of the preceding financial year. PART XVII CENTRAL BANK Bank of 213. (1) There is established the Bank of Zambia which shall Zambia be the central bank of the Republic. (2) The functions of the Bank of Zambia are to— (a) issue the currency of the Republic; (b) determine monetary policy; and (c) regulate banking and financial services, banks, financial and non-banking institutions, as prescribed. (3) There is constituted a Board of Directors for the Bank of Zambia whose composition shall be prescribed. (4) The functions of the Bank of Zambia vest in the Board of Directors and shall be performed as prescribed. (5) The Bank of Zambia shall not be subject to the direction or control of a person or an authority in the performance of its functions. Governor of 214. (1) There shall be a Governor of the Bank of Zambia Bank of Zambia who shall be appointed by the President, subject to ratification by the National Assembly, and who shall be— (a) a citizen; Constitution of Zambia (Amendment) [No. 2 of 2016 89 (b) a person who has specialised training and experience in economics, finance, accounting, banking, law or other field relevant to banking, as prescribed; and (c) a person of proven integrity. (2) The Governor shall be the Chairperson of the Board of Directors. 215. The following shall be prescribed: Legislation on Bank of (a) additional functions, operations and management of the Zambia Bank of Zambia; (b) appointment, qualifications and tenure of office of the Board of Directors; (c) election of a Vice-Chairperson of the Board of Directors; (d) tenure of office and emoluments of the Governor; (e) appointment, qualifications, tenure of office, functions and emoluments of the Deputy-Governor; (f) recruitment, and emoluments of members of staff of the Bank of Zambia; and (g) other matters necessary for the performance of the functions of the Bank of Zambia. PART XVIII SERVICES, COMMISSIONS AND OTHER INDEPENDENT OFFICES 216. A commission shall— Principles relating to (a) be subject only to this Constitution and the law; commissions (b) be independent and not be subject to the control of a person or an authority in the performance of its functions; (c) act with dignity, professionalism, propriety and integrity; (d) be non-partisan; and (e) be impartial in the exercise of its authority. Parliamentary Service Commission 217. (1) There is established the Parliamentary Service. Parliamentary Service (2) The office of the Clerk of the National Assembly, members of staff of the Parliamentary Service Commission and members of staff of the office of the Clerk, as prescribed, are offices in the Parliamentary Service. 90 No. 2 of 2016] Constitution of Zambia (Amendment) Parliamentary 218. (1) There is established the Parliamentary Service Service Commission Commission. (2) The Parliamentary Service Commission shall— (a) appoint the Clerk of the National Assembly; (b) constitute offices in the Parliamentary Service; (c) appoint, confirm, promote and hear appeals from officers of the Parliamentary Service; (d) ensure efficient and effective functioning of the National Assembly; (e) have financial oversight of the Parliamentary Service and the National Assembly; and (f) perform such other functions as prescribed. Judicial Service Commission Judicial 219. (1) There is established the Judicial Service. Service (2) The office of judge, judicial officer, the members of staff of the Judicial Service Commission and such other officers as prescribed, are offices in the Judicial Service. Judicial 220. (1) There is established the Judicial Service Commission. Service Commission (2) The Judicial Service Commission shall— (a) constitute offices in the Judicial Service; (b) make recommendations to the President on the appointment of judges; (c) appoint, confirm, promote and hear appeals from judicial officers; and (d) carry out a function provided for in this Constitution, or as prescribed. Civil Service Commission Civil Service 221. (1) There is established the Civil Service. (2) The office of the Secretary to the Cabinet, Secretary to the Treasury, Deputy Secretary to the Cabinet, civil servants, the members of staff of the Civil Service Commission and other public officers as prescribed, are offices in the Civil Service. Constitution of Zambia (Amendment) [No. 2 of 2016 91 222. (1) There is established the Civil Service Commission. Civil Service Commission (2) The Civil Service Commission shall— (a) constitute offices in the Civil Service; (b) appoint, confirm, promote and hear appeals from officers in the Civil Service, excluding a Constitutional office holder; and (c) perform such other functions as prescribed. Teaching Service Commission 223. (1) There is established the Teaching Service. Teaching Service (2) The teachers serving as public officers excluding civil servants, the members of staff of the Teaching Service Commission and other public officers, as prescribed, are offices in the Teaching Service. 224. (1) There is established the Teaching Service Commission. Teaching Service (2) The Teaching Service Commission shall— Commission (a) constitute offices in the Teaching Service; (b) appoint, confirm, promote and hear appeals from officers of the Teaching Service; and (c) perform such other functions as prescribed. Zambia Correctional Service Commission 225. (1) There is established the Zambia Correctional Service Zambia Correctional Commission for the Zambia Correctional Service established in Service Article 193. Commission (2) The office of Commissioner-General of Correctional Service, Deputy Commissioners-General of Correctional Service, Commissioners of Correctional Service, Assistant Commissioners of Correctional Service, Correctional officers and wardens, members of staff of the Zambia Correctional Service Commission and such other public officers as prescribed, are offices in the Zambia Correctional Service. (3) The Zambia Correctional Service Commission shall— (a) constitute offices in the Zambia Correctional Service; (b) appoint, confirm, promote and hear appeals from officers of the Zambia Correctional Service; and (c) perform such other functions as prescribed. 92 No. 2 of 2016] Constitution of Zambia (Amendment) Zambia Police Service Commission Zambia 226. (1) There is established the Zambia Police Service Police Commission for the Zambia Police Service established in Article Service Commission 193. (2) The office of the Inspector-General of Police, the Deputy Inspector-General of Police, police officers, the members of staff of the Zambia Police Service Commission and other public officers as prescribed, are offices in the Zambia Police Service. (3) The Zambia Police Service Commission shall— (a) constitute offices in the Zambia Police Service; (b) appoint, confirm, promote and hear appeals from officers of the Zambia Police Service; and (c) perform such other functions as prescribed. Local Government Service Commission Local 227. (1) There is established the Local Government Service. Government Service (2) The office of the Town Clerk, Council Secretary, members of staff of the Local Government Service Commission, the members of staff of local authorities and other local government staff, as prescribed, are offices in the Local Government Service. Local 228. (1) There is established the Local Government Service Government Commission. Service Commission (2) The Local Government Service Commission shall— (a) appoint the Town Clerk and Council Secretary of a local authority; (b) constitute offices in the Local Government Service; (c) appoint, confirm, promote and hear appeals from officers of the Local Government Service; (d) ensure efficient and effective functioning of local authorities; and (e) perform such other functions as prescribed. Electoral Commission of Zambia Electoral 229. (1) There is established the Electoral Commission of Commission Zambia which shall have offices in Provinces and progressively in of Zambia districts. Constitution of Zambia (Amendment) [No. 2 of 2016 93 (2) The Electoral Commission shall— (a) implement the electoral process; (b) conduct elections and referenda; (c) register voters; (d) settle minor electoral disputes, as prescribed; (e) regulate the conduct of voters and candidates; (f) accredit observers and election agents, as prescribed; (g) delimit electoral boundaries; and (h) perform such other functions as prescribed. Human Rights Commission 230. (1) There is established the Human Rights Commission Human Rights which shall have offices in the Provinces and progressively in Commission districts. (2) The Human Rights Commission shall ensure that the Bill of Rights is upheld and protected. (3) The Human Rights Commission shall— (a) investigate and report on the observance of rights and freedoms; (b) take necessary steps to secure appropriate redress where rights and freedoms are violated; (c) endeavour to resolve a dispute through negotiation, mediation or conciliation; (d) carry out research on rights and freedoms and related matters; (e) conduct civic education on rights and freedoms; and (f) perform such other functions as prescribed. Gender Equity and Equality Commission 231. (1) There is established the Gender Equity and Equality Gender Equity Commission which shall have offices in the Provinces and Equality progressively in districts. Commission (2) The Gender Equity and Equality Commission shall promote the attainment and mainstreaming of gender equality. 94 No. 2 of 2016] Constitution of Zambia (Amendment) (3) The Gender Equity and Equality Commission shall— (a) monitor, investigate, research, educate, advise and report on issues concerning gender equality; (b) ensure institutions comply with legal requirements and other standards relating to gender equality; (c) take steps to secure appropriate redress to complaints relating to gender inequality, as prescribed; and (d) perform such other functions as prescribed. Emoluments Commission Emoluments 232. (1) There is established the Emoluments Commission. Commission (2) The Emoluments Commission shall determine, on the recommendation of the relevant authority or commission, the emoluments of public officers, chiefs and members of the House of Chiefs, as provided in this Constitution or as prescribed. Lands Commission Lands 233. (1) There is established the Lands Commission which Commission shall have offices in all Provinces and progressively in districts. (2) The Lands Commission shall administer, manage and alienate land, on behalf of the President, as prescribed. State Audit Commission State Audit 234. (1) There is established the State Audit Commission. Commission (2) The State Audit Commission shall— (a) subject to Article 249 (2) oversee the operations of the office of the Auditor-General, as prescribed; (b) make recommendations to the President on the appointment of the Auditor-General; and (c) perform such other functions as prescribed. Investigative Commissions Investigative 235. There is established the following investigative commissions: Commissions (a) the Anti-Corruption Commission; (b) the Drug Enforcement Commission; and (c) the Anti-Financial and Economic Crimes Commission. Constitution of Zambia (Amendment) [No. 2 of 2016 95 Judicial Complaints Commission 236. (1) There is established the Judicial Complaints Commission. Judicial Complaints (2) The Judicial Complaints Commission shall— Commission (a) enforce the Code of Conduct for judges and judicial officers; (b) ensure that judges and judicial officers are accountable to the people for the performance of their functions; (c) receive complaints lodged against a judge or judicial officer, as prescribed; (d) hear a complaint against a judge or judicial officer, as prescribed; (e) make recommendations to the appropriate institution or authority for action; and (f) perform such other functions as prescribed. Police Public Complaints Commission 237. (1) There is established the Police Public Complaints Police Public Complaints Commission. Commission (2) The Police Public Complaints Commission shall— (a) receive and investigate complaints against police actions; (b) investigate complaints against police actions which result in serious injury or death of a person; (c) make recommendations to the appropriate institution or authority for action; and (d) perform such other functions as prescribed. General Provisions Relating to Commissions 238. (1) A commission shall be a self-accounting institution Financial which deals directly with the Ministry responsible for finance in independence of matters relating to its finances. commissions (2) A commission shall be adequately funded in a financial year to enable it to effectively perform its functions. 239. The expenses of a commission, including emoluments Expenses of commissions payable to, or in respect of, persons serving with that commission, shall be a charge on the Consolidated Fund. 96 No. 2 of 2016] Constitution of Zambia (Amendment) Qualifications 240. A person qualifies to be appointed as a member of a of members commission if that person— of commissions (a) is a citizen; (b) is permanently resident in Zambia; (c) has not, in the immediate preceding five years, served a term of imprisonment of at least three years; (d) declares that person’s assets and liabilities, as prescribed; (e) has paid that person’s taxes or has made arrangements satisfactory to the appropriate tax authority for the payment of the taxes; (f) does not have a mental or physical disability that would make the person incapable of performing the functions of office; (g) is not serving a sentence of imprisonment for an offence under a law; and (h) has other qualifications, as prescribed. General 241. A commission— powers of commissions (a) shall appoint its staff; (b) may refer matters within its mandate to appropriate State organs or State institutions for action; (c) may initiate its own investigations and receive complaints from a person on matters within its mandate; (d) shall take measures to ensure that State institutions and other persons comply with its decisions; and (e) shall submit annual reports to the National Assembly on its accounts and activities as prescribed. Legislation 242. The functions, composition, appointment of members, on commissions tenure of office of members, processes and procedures, operations, administration, structures, finances and financial management of a commission shall be prescribed. Other Independent Offices Public Protector Public 243. (1) There shall be a Public Protector who shall be Protector appointed by the President, on the recommendation of the Judicial Service Commission, subject to ratification by the National Assembly. Constitution of Zambia (Amendment) [No. 2 of 2016 97 (2) A person qualifies for appointment as Public Protector if that person— (a) is qualified to be appointed as a judge; and (b) does not hold a State office or Constitutional office. (3) The office of Public Protector shall be decentralised to the Provinces and progressively to districts, as prescribed. (4) The procedures, staff, finances, financial management, administration and operations of the office of the Public Protector shall be prescribed. 244. (1) The Public Protector may investigate an action or Functions of decision taken or omitted to be taken by a State institution in the Public Protector performance of an administrative function. (2) For purposes of clause (1), an action or decision taken or omitted to be taken is an action or decision which is— (a) unfair, unreasonable or illegal; or (b) not compliant with the rules of natural justice. (3) For purposes of clauses (1) and (2), the Public Protector may— (a) bring an action before a court; (b) hear an appeal by a person relating to an action or decision taken or omitted to be taken in respect of that person; and (c) make a decision on an action to be taken against a public officer or Constitutional office holder, which decision shall be implemented by an appropriate authority. (4) The Public Protector shall not be subject to the direction or control of a person or an authority in the performance of the functions of office. (5) The Public Protector has the same powers as those of the High Court in— (a) enforcing the attendance of witnesses and examining them on oath; (b) examining witnesses outside Zambia; (c) compelling the production of documents; (d) enforcing decisions issued by the Public Protector; and (e) citing a person or an authority for contempt for failure to carry out a decision. 98 No. 2 of 2016] Constitution of Zambia (Amendment) (6) A person summoned to give evidence or to produce a document before the Public Protector is entitled, in respect of that evidence or the production of the document, to the same privileges and protection as those that a person would be entitled to before a court. (7) An answer by a person to a question put by the Public Protector is not admissible in evidence against that person in civil or criminal proceedings, except for perjury. Limitation of 245. The Public Protector shall not investigate a matter which— powers of Public (a) is before a court, court martial or a quasi-judicial body; Protector (b) relates to an officer in the Parliamentary Service or Judicial Service; (c) involves the relations or dealings between the Government and foreign government or an international organisation; (d) relates to the exercise of the prerogative of mercy; or (e) is criminal in nature. Performance 246. Where the Public Protector is absent from Zambia or is of functions unable to perform the functions of office due to illness or other of Public Protector cause, the President shall appoint a person qualified to perform the during functions of the Public Protector until that appointment is revoked absence, illness or or until the Public Protector returns to office. other cause Tenure of 247. (1) Subject to this Article, the Public Protector shall retire office of Public from office on attaining the age of sixty years. Protector (2) The Public Protector may retire, with full benefits, on attaining the age of fifty-five years. (3) The Public Protector may be removed from office on the same grounds and procedure as apply to a judge. (4) The Public Protector may resign from office by three months’ notice, in writing, to the President. Report to 248. The office of the Public Protector shall report to the National Assembly National Assembly on matters concerning its affairs. Auditor-General Auditor- 249. (1) There shall be an Auditor-General who shall be General appointed by the President, on the recommendation of the State Audit Commission, subject to ratification by the National Assembly. Constitution of Zambia (Amendment) [No. 2 of 2016 99 (2) The office of Auditor-General shall be decentralised to the Provinces and progressively to districts, as prescribed. (3) The following shall be prescribed: (a) the qualifications of the Auditor-General; (b) the operations and management of the office of the Auditor-General; (c) the recruitment, supervision, grading, promotion and discipline of the staff of the Auditor-General; and (d) the finances of the office of the Auditor-General. 250. (1) The Auditor-General shall— Functions of Auditor- (a) audit the accounts of— General (i) State organs, State institutions, provincial administration and local authorities; and (ii) institutions financed from public funds; (b) audit the accounts that relate to the stocks, shares and stores of the Government; (c) conduct financial and value for money audits, including forensic audits and any other type of audit, in respect of a project that involves the use of public funds; (d) ascertain that money appropriated by Parliament or raised by the Government and disbursed— (i) has been applied for the purpose for which it was appropriated or raised; (ii) was expended in conformity with the authority that governs it; and (iii) was expended economically, efficiently and effectively; and (e) recommend to the Director of Public Prosecutions or a law enforcement agency any matter within the competence of the Auditor-General, that may require to be prosecuted. (2) The Auditor-General shall not be subject to the direction or control of a person or an authority in the performance of the functions of office. 100 No. 2 of 2016] Constitution of Zambia (Amendment) Performance 251. Where the Auditor-General is absent from Zambia or is of functions unable to perform the functions of office due to illness or other of Auditor- General cause, the President shall appoint a person qualified to perform the during functions of the Auditor-General until that appointment is revoked absence, illness or or until the Auditor-General returns to office. other cause Tenure of 252. (1) Subject to this Article, the Auditor-General shall office of Auditor- retire from office on attaining the age of sixty years. General (2) The Auditor-General may retire, with full benefits, on attaining the age of fifty-five years. (3) The Auditor-General may be removed from office on the same grounds and procedure as apply to a judge. (4) The Auditor-General may resign from office by three months’ notice, in writing, to the President. PART XIX LAND, ENVIRONMENT AND NATURAL RESOURCES Land Principles of 253. (1) Land shall be held, used and managed in accordance land policy with the following principles: (a) equitable access to land and associated resources; (b) security of tenure for lawful land holders; (c) recognition of indigenous cultural rites; (d) sustainable use of land; (e) transparent, effective and efficient administration of land; (f) effective and efficient settlement of land disputes; (g) river frontages, islands, lakeshores and ecologically and culturally sensitive areas— (i) to be accessible to the public; (ii) not to be leased, fenced or sold; and (iii) to be maintained and used for conservation and preservation activities; (h) investments in land to also benefit local communities and their economy; and (i) plans for land use to be done in a consultative and participatory manner. Constitution of Zambia (Amendment) [No. 2 of 2016 101 254. (1) Land shall be delimited and classified as State land, Classification and customary land and such other classification, as prescribed. alienation of land and land (2) The President may, through the Lands Commission, alienate tenure land to citizens and non-citizens, as prescribed. (3) Land shall be held for a prescribed tenure. Environment and Natural Resources 255. The management and development of Zambia’s Principles of environmental environment and natural resources shall be governed by the following and natural principles: resources management (a) natural resources have an environmental, economic, social and development and cultural value and this shall be reflected in their use; (b) the person responsible for polluting or degrading the environment is responsible for paying for the damage done to the environment; (c) where there are threats of serious or irreversible damage to the environment, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation; (d) the conservation and protection of ecologically sensitive areas, habitats, species and other environment shall be done in a sustainable manner; (e) respect for the integrity of natural processes and ecological communities; (f) benefits accruing from the exploitation and utilisation of the environment and natural resources shall be shared equitably amongst the people of Zambia; (g) saving of energy and the sustainable use of renewable energy sources shall be promoted; (h) reclaiming and rehabilitation of degraded areas and those prone to disasters shall be promoted; (i) unfair trade practices in the production, processing, distribution and marketing of natural resources shall be eliminated; (j) origin, quality, methods of production, harvesting and processing of natural resources shall be regulated; 102 No. 2 of 2016] Constitution of Zambia (Amendment) (k) equitable access to environmental resources shall be promoted; (l) effective participation of people in the development of relevant policies, plans and programmes; and (m) access to environmental information to enable people preserve, protect and conserve the environment. Protection of 256. A person has a duty to co-operate with State organs, environment State institutions and other persons to— and natural resources (a) maintain a clean, safe and healthy environment; (b) ensure ecologically sustainable development and use of natural resources; (c) respect, protect and safeguard the environment; and (d) prevent or discontinue an act which is harmful to the environment. Utilisation of 257. The State shall, in the utilisation of natural resources and natural management of the environment— resources and (a) protect genetic resources and biological diversity; management of (b) implement mechanisms that minimise waste; environment (c) promote appropriate environment management systems and tools; (d) encourage public participation; (e) protect and enhance the intellectual property in, and indigenous knowledge of, biodiversity and genetic resources of local communities; (f) ensure that the environmental standards enforced in Zambia are of essential benefit to citizens; and (g) establish and implement mechanisms that address climate change. PART XX GENERAL PROVISIONS Official 258. (1) The official language of Zambia is English. language and use and (2) A language, other than English, may be used as a medium of status of instruction in educational institutions or for legislative, administrative local languages or judicial purposes, as prescribed. (3) The State shall respect, promote and protect the diversity of the languages of the people of Zambia. Constitution of Zambia (Amendment) [No. 2 of 2016 103 259. (1) Where a person is empowered to make a nomination Nominations and or an appointment to a public office, that person shall ensure— appointments (a) that the person being nominated or appointed has the requisite qualification to discharge the functions of the office, as prescribed or specified in public office circulars or establishment registers; (b) that fifty percent of each gender is nominated or appointed from the total available positions, unless it is not practicable to do so; and (c) equitable representation of the youth and persons with disabilities, where these qualify for nomination or appointment. (2) A person empowered to make a nomination or appointment to a public office shall, where possible, ensure that the nomination or appointment reflects the regional diversity of the people of Zambia. 260. A person assuming a public office, member of the House Oath of office and of Chiefs, and presidential appointee, shall take an Oath of Office prescribed and such other oath, as prescribed, before carrying out the duties oaths of office. 261. A person holding a public office shall act in accordance Code of conduct and with a code of conduct and ethics, as prescribed for that office. ethics 262. A person holding a public office shall not act in a manner, Conflict of interest or be in a position, where the personal interest of that person conflicts, or is likely to conflict, with the performance of the functions of office. 263. A person holding a public office shall, before assuming Declaration of assets office or leaving office, make a declaration of their assets and liabilities, as prescribed. 264. (1) A public officer, chief and member of the House of Emoluments payable Chiefs, shall be paid such emoluments as recommended by the under relevant authority or commission and determined by the Emoluments Constitution Commission. (2) The emoluments of a State officer, councillor, Constitutional office holder and a judge shall be determined by the Emoluments Commission, as prescribed. 104 No. 2 of 2016] Constitution of Zambia (Amendment) (3) The emoluments of a person holding a public office, chief and member of the House of Chiefs shall not be altered to the disadvantage of that person during that person’s tenure of office. (4) A person holding a public office shall not, while in office, hold another office which pays emoluments. Funding, 265. (1) A public office shall be adequately funded to enable expenses and emoluments it to effectively perform its functions. charge on Consolidated (2) The expenses of a State organ, State institution and public Fund office shall be a charge on the Consolidated Fund. (3) The emoluments payable under this Constitution or as prescribed, shall be a charge on the Consolidated Fund. Definitions 266. In this Constitution, unless the context otherwise requires— “ adult ” means a person who has attained, or is above, the age of nineteen years; “ Bill ” means a draft of a proposed law to be enacted by Parliament; “ Bill of Rights ” means the human rights and fundamental freedoms set out in Part III, and includes their status, application, interpretation, limitations, derogations, non- derogations and enforcement; “ by-election ” means an election to fill a vacancy in the office of a Member of Parliament or councillor; “ candidate ” means a person contesting a presidential, parliamentary or local government election; “ chief ” means a person bestowed as chief and who derives allegiance from the fact of birth or descent, in accordance with the customs, traditions, usage or consent of the people in a chiefdom; “ child ” means a person who has attained, or is below, the age of eighteen years; “ circuit schedule ” means a table showing dates, districts, time and place where a court is to sit and hear matters in any period of twelve months; Constitution of Zambia (Amendment) [No. 2 of 2016 105 “ citizen ” means a citizen of Zambia; “ civil servant ” means a public officer appointed by the Civil Service Commission; “ civil society ” means a group of persons, who are not part of the Government, who associate for the purpose of advancing or protecting particular interests; “ commission ” means a commission established under Part XVIII of this Constitution; “ constituency ” means an area into which Zambia is divided for purposes of elections to the National Assembly; “ Constitutional Court ” means the Constitutional Court established in this Constitution; “ Constitutional office ” means the office of the Attorney- General, Solicitor-General, Director of Public Prosecutions, Public Protector, Auditor-General, Secretary to the Cabinet, Secretary to the Treasury and Permanent Secretary; “ Constitutional office holder ” means a person holding or acting in a Constitutional office; “ council ” includes a city, municipal or town council; “ council chairperson ” means a person elected chairperson of a town council in accordance with Article 154; “ councillor ” means a member of a council elected in accordance with Article 153; “ court ” means a court of competent jurisdiction established by or under this Constitution; “ Court of Appeal ” means the Court of Appeal established in this Constitution; “ devolution ” means a form of decentralisation where there is a transfer of rights, functions and powers or an office from the central government or State institution to a sub- national authority or the bringing of a service that is provided at central government level to, or opening of a branch of a public office or institution at, a sub- national level, and the word “devolved” shall be construed accordingly; 106 No. 2 of 2016] Constitution of Zambia (Amendment) “ disability ” means a permanent physical, mental, intellectual or sensory impairment that alone, or in combination with social or environmental barriers, hinders the ability of a person to fully or effectively participate in an activity or perform a function as specified in this Constitution or as prescribed; “ discrimination ” means directly or indirectly treating a person differently on the basis of that person’s birth, race, sex, origin, colour, age, disability, religion, conscience, belief, culture, language, tribe, pregnancy, health, or marital, ethnic, social or economic status; “ district ” means an administrative unit of a Province as provided in Article 149; “ election ” means an election to the office of President, National Assembly or a council; “ Electoral Commission ” means the Electoral Commission of Zambia established in this Constitution; “ emoluments ” include salaries, allowances, benefits and rights that form an individual’s remuneration for services rendered, including pension benefits or other benefits on retirement; “ Emoluments Commission ” means the Emoluments Commission established in this Constitution; “ executive authority ” means the power and the right to execute executive functions; “ executive functions ” means the functions of the President set out in this Constitution; “ ex-officio ” means a person who is appointed as a member by virtue of office; “ First Deputy Speaker ” means the person elected as First Deputy Speaker in accordance with Article 82 (4); “ freedom fighter ” means a person who fought for the independence of the former protectorate of Northern Rhodesia to become the Republic of Zambia; Constitution of Zambia (Amendment) [No. 2 of 2016 107 “ function ” includes powers and duties; “ gender ” means female or male and the role individuals play in society as a result of their sex and status; “ general election ” means Presidential, National Assembly and local government elections when held on the same day; “ gross misconduct ” means— (a) behaviour which brings a public office into disrepute, ridicule or contempt; (b) behaviour that is prejudicial or inimical to the economy or the security of the State; (c) an act of corruption; or (d) using or lending the prestige of an office to advance the private interests of that person, members of that person’s family or another person; “ health practitioner ” means a person registered as a health practitioner as prescribed; “ High Court ” means the High Court established in this Constitution; “ individual ” means a natural person; “ judge ” means a person appointed as a judge of a superior court; “ judgment ” includes a decision, an order or decree of a court or an authority, as prescribed; “ judicial authority ” means the power and right to perform judicial functions; “ judicial function ” means the functions of the Judiciary set out in this Constitution; “ judicial officer ” includes a magistrate, local court magistrate, registrar and such officers as prescribed; “ legislative authority ” means the power and right to perform legislative functions; 108 No. 2 of 2016] Constitution of Zambia (Amendment) “ legislative functions ” means the functions of the legislature set out in this Constitution; “ local authority ” means a council and it’s secretariat consisting of persons appointed by the Local Government Service Commission; “ local government ” means governance at the local level; “ local government elections tribunal ” means a tribunal established in accordance with Article 159; “ Local Government Equalisation Fund ” means a fund established in accordance with Article 163; “ mayor ” means a person elected mayor of a city or municipal council in accordance with Article 154; “ Member of Parliament ” means a person who is member of the National Assembly; “ Minister ” means a Cabinet Minister; “ oath ” includes an affirmation; “ older member of society ” means a person who has attained, or is above, the age of sixty years; “ opposition ” means a political party which is not the political party in government; “ ordinarily resident ” means residing in a place for a prescribed period of time; “ Parliament ” means the President and the National Assembly; “ parliamentary committee ” means a committee established in accordance with Article 80; “ pension benefit ” includes a pension, compensation, gratuity or similar allowance in respect of a person’s service; “ person ” means an individual, a company or an association of persons, whether corporate or unincorporate; “ person with disability ” means a person with a permanent physical, mental, intellectual or sensory impairment; Constitution of Zambia (Amendment) [No. 2 of 2016 109 “ political party ” means an association whose objectives include the contesting of elections in order to form government or influence the policy of the national or local government; “ power ” includes privilege, authority and discretion; “ prescribed ” means provided for in an Act of Parliament; “ President-elect ” means the presidential candidate who has been declared by the Returning Officer as having won the presidential election; “ presidential candidate ” means a person nominated to stand for election as President in accordance with Article 52 (1); “ presidential election ” means an election to the office of President, and includes the election of a Vice-President as a running mate to the President; “ property ” includes a vested or contingent right to, or interest in, or arising from— (a) land, permanent fixtures on, or improvements to, land; (b) goods or personal property; (c) intellectual property; or (d) money, choses in action or negotiable instruments; “ provincial administration ” means the administrative secretariat established in accordance with Article 150; “ Provincial Minister ” means a person appointed Provincial Minister by the President; “ public media ” means media owned, operated or controlled by the Government; “ public office ” means an office whose emoluments and expenses are a charge on the Consolidated Fund or other prescribed public fund and includes a State office, Constitutional office and an office in the public service, including that of a member of a commission; 110 No. 2 of 2016] Constitution of Zambia (Amendment) “ public officer ” means a person holding or acting in a public office, but does not include a State officer, councillor, a Constitutional office holder, a judge and a judicial officer; “ public service ” means service in the Civil Service, the Teaching Service, Defence Force and National Security Service, the Zambia Correctional Service, the Zambia Police Service, Emoluments Commission, State Audit Commission, Lands Commission, Electoral Commission, Human Rights Commission, Gender Equity and Equality Commission, the Anti-Corruption Commission, Drug Enforcement Commission, the Anti-Financial and Economic Crimes Commission, the Police and Public Complaints Commission, and service as a constitutional office holder, service in other offices, as prescribed; “ rights and freedoms ” means the human rights and fundamental freedoms provided for in the Bill of Rights; “ Republic ” means the Republic of Zambia; “ returning officer ” means a person who is a returning officer for a parliamentary or local authority election and “Returning Officer” means the Chairperson of the Electoral Commission in a presidential election; “ running mate ” means a person who is selected by a presidential candidate to stand with the presidential candidate in a presidential election so that the person becomes the Vice-President if that presidential candidate is elected as President; “ Second Deputy Speaker ” means the person elected as Second Deputy Speaker in accordance with Article 82 (5); “ Service Commission ” means a commission established under Articles 218, 220, 222, 224, 225, 226, and 228; “ session ” means a period not exceeding twelve months, within the term of the National Assembly, of sittings of the National Assembly, which commence on the first day of sitting after a general election or prorogation of Parliament and ends with a prorogation or dissolution of Parliament; Constitution of Zambia (Amendment) [No. 2 of 2016 111 “ sitting ” means a meeting of the National Assembly, within a session, which concludes with an adjournment, and includes a parliamentary committee meeting; “ Speaker ” means the person elected Speaker of the National Assembly in accordance with Article 82 (1); “ State institution ” includes a ministry or department of the Government, a public office, agency, institution, statutory body, commission or company in which the Government or local authority has a controlling interest, other than a State organ; “ State office ” includes the office of President, Vice- President, Speaker, Deputy Speaker, Member of Parliament, Minister and Provincial Minister; “ State officer ” means a person holding or acting in a State office; “ State organ ” means the Executive, Legislature or Judiciary; “ statutory instrument ” means a proclamation, regulation, rule, by-law, order or other similar legal instrument made under a power conferred by this Constitution or an Act of Parliament; “ subordinate court ” means a court subordinate to the High Court; “ sub-national ” means an administrative division of government at provincial or district level; “ sub-structure ” includes a district, ward and village; “ superior court ” means the Supreme Court, Constitutional Court, Court of Appeal and High Court established in accordance with this Constitution; “ Supreme Court ” means the Supreme Court established in this Constitution; “ tax ” includes rates, levies, charges, tariffs, fees, tolls and duties; “ term ” means a period of five years commencing when the National Assembly first sits, after a general election, and ending when Parliament is dissolved; 112 No. 2 of 2016] Constitution of Zambia (Amendment) “ Treasury ” means the office, in the Ministry responsible for finance, which receives, keeps, receipts, manages and disburses public funds; “ Vice-President-elect ” means the person declared as having been duly elected as a Vice-President after a presidential election; “ ward ” means a unit into which a district is divided for purposes of electing councillors; “ young person ” means a person who has attained the age of fifteen years, but is below the age of nineteen years; and “ youth ” means a person who has attained the age of nineteen years, but is below the age of thirty-five years. Interpretation 267. (1) This Constitution shall be interpreted in accordance of Constitution with the Bill of Rights and in a manner that— (a) promotes its purposes, values and principles; (b) permits the development of the law; and (c) contributes to good governance. (2) If there is a conflict between the English version of this Constitution and a different language version, the English version shall prevail. (3) A provision of this Constitution shall be construed according to the doctrine that the law is continuously in force and accordingly— (a) a function may be performed, as occasion requires, by the person holding the office to which the function is assigned; (b) a reference to a person holding an office includes a reference to the person lawfully performing the functions of that office at a particular time; (c) a reference to an office, State organ, State institution or locality shall be read with any modification necessary to make it applicable in the circumstances; (d) a reference in a provision applying that provision to another provision shall be read with any modification necessary to make it applicable in the circumstances and any reference to the modified provision shall apply as modified; and Constitution of Zambia (Amendment) [No. 2 of 2016 113 (e) a reference to an office, body or organisation, where that office, body or organisation has ceased to exist, is a reference to its successor or to the equivalent office, body or organisation performing the functions. (4) A provision of this Constitution to the effect that a person, an authority or institution is not subject to the direction or control of a person or an authority in the performance of a function, does not preclude a court from exercising jurisdiction in relation to a question as to whether that person, authority or institution has performed the function in accordance with this Constitution or other laws. 268. In this Constitution, unless the context otherwise requires— Grammatical variation (a) a word in the singular includes the plural and a word in the plural includes the singular; and (b) a word or expression defined, shall be read with any grammatical variation or similar expression of that word or expression. 269. For the purposes of this Constitution, in computing time, Computation of time unless a contrary intention is expressed— (a) a period of days from the happening of an event or the doing of an act shall be considered to be exclusive of the day on which the event happens or the act is done; (b) if the last day of the period is a Saturday, Sunday or public holiday (“excluded day”), the period shall include the next day; (c) where an act or a proceeding is directed or allowed to be done or taken on a specified day and that day is an excluded day, the act or proceeding shall be considered as done or taken in due time if it is done or taken the next day; and (d) where an act or a proceeding is directed or allowed to be done or taken within a time not exceeding six days, an excluded day shall not be counted in the computation of the time. 114 No. 2 of 2016] Constitution of Zambia (Amendment) Power to 270. In this Constitution, unless a contrary intention is appoint expressed, power to appoint a person to hold or act in an office includes power to includes the power to confirm appointments, to exercise disciplinary remove control over the person holding or acting in the office and to remove that person from office. Implied 271. In this Constitution, a power given to a person or an power authority to do or enforce the doing of an act, includes the necessary and ancillary powers to enable that person or authority to do or enforce the doing of the act. Legislation 272. Parliament may enact legislation to give effect to an to give effect to Article or a provision in this Constitution which— Constitution (a) confers a function or jurisdiction on a person, office, institution, council or commission; (b) provides for a process or procedure to be taken, followed or prescribed; (c) requires an action, a measure or decision to be taken or provided; (d) requires a remedy or compensation to be given; (e) prohibits an action or measure; (f) deals with a specific subject-matter or general matter that would require to be legislated on in order to give effect to the Constitution; or (g) generally requires something to be prescribed. Power to 273. In this Constitution, a power conferred on a person or an make statutory authority to make a statutory instrument, a resolution or direction, instrument, includes the power to amend or revoke the statutory instrument, resolution or resolution or direction. direction Time for 274. A function conferred in this Constitution may be performance performed as occasion requires. of function Exercise of 275. Where an Article provides for a power exercisable by power making a statutory instrument to— between publication (a) make an appointment; or and commencement (b) do any other thing for the purposes of the Article; of Acts the power may be exercised at any time on or after the date of publication of the statutory instrument in the Gazette. Constitution of Zambia (Amendment) [No. 2 of 2016 115 ANNEX (Article 147 (2)) FUNCTIONS OF NATIONAL, PROVINCIAL AND LOCAL LEVELS OF DEVOLVED GOVERNMENT A. Exclusive national functions · Elections · Foreign and international affairs · Budget · Taxation including customs and excise · Airports, other than district airports · Casinos, racing, gambling and wagering, excluding lotteries and sports pools · Disaster management and public emergency · National parks, national botanical gardens and resources · National forests · passports and National Registration · Prisons · Refugees · Registration of Births and Deaths · Wildlife · Water resources management · Energy and hydro electricity · Petroleum and lubricants · Public roads · Defence, security, maintenance of law and order · Citizenship and immigration · Public enterprises · Regulation of commerce and manufacturing · Road traffic regulation · Land, mines, minerals and natural resources · Census and statistics · Traditional leadership · National archives · National libraries · National museums · Tertiary Education 116 No. 2 of 2016] Constitution of Zambia (Amendment) B. Concurrent national and provincial functions · administration of justice · legal affairs · Administration of forests · Agriculture · Animal control and diseases · Consumer protection · Cultural matters · Customary law · Education at all levels, excluding tertiary education · Environmental management · Health services · Housing · Industrial promotion · Language policy and the regulation of official languages · Nature conservation · Parliamentary Business · legislative procedures and processess · Pollution control · Population development · Property transfer tax · Public procurement · Public transport · Public works only in respect of the needs of provincial administration · Provincial spatial planning and development · Soil conservation · Tourism, trade and commerce · Urban and rural development · Welfare services · Industrial and labour relations · Resettlement · Investment · Telecommunication Constitution of Zambia (Amendment) [No. 2 of 2016 117 C. Local Authorities exclusive functions · Pollution control · Building regulations · Child-care facilities · Electricity · Fire fighting services · Local tourism · District airports, Aerodromes and Airships · District planning · District health services · District public transport · District public works only in respect of the needs of Districts in the discharge of councils responsibilities to administer functions specifically assigned to them under this Constitution or other law · Levies, tariffs and tolls · Pontoons, ferries, jetties, piers and harbours, excluding the regulation of international and national shipping and matters related thereto · Storm water management systems in built-up areas · Trading · Water and sanitation services limited to potable water supply systems and domestic waste-water and sewage disposal systems · Veterinary services, excluding regulation of the veterinary profession · Vehicle licensing · Abattoirs · Ambulance services · Archives · Libraries · Liquor licencing · Museums 118 No. 2 of 2016] Constitution of Zambia (Amendment) · Local spatial planning · Cultural matters · Recreation and amenities · Sport · Roads and traffic automation and maintenance · Amusement facilities · Billboards and the display of advertisements in public places · Cemeteries, funeral parlours and crematoria · Local cleansing · Control of public nuisances · Control of undertakings that sell liquor to the public · Facilities for the accommodation, care and burial of animals · Fencing and fences · Licensing of dogs · Licensing and control of undertakings that sell food to the public · Local amenities · Local sport facilities · Markets · Local parks and recreation · Local roads · Noise pollution · Pounds · Public places · Refuse removal, refuse dumps and solid waste disposal · Street trading · Street lighting · Traffic and parking · Gardens and landscaping