Constitution of Zambia Act, 1996

1. This Act my be cited as the Constitution of Zambia Act, Short Title , . 1 1996.

2. (1) In this Act, unless the conte)\t otherw.i_se requires­ "Constitution" means the Coristitution·ofZambfa;·t991; " existi'ng law " means an law, �heU!er a rule of law or a . provision of an Act of Parliameiltorof any other enactment. orinstrument wnatsoevcr (fnchiiling'ajiy Act of Parliament of the United Kingdom or OrderofHe�,lyfajesty in Coun­ cil), having effect as part of the law of �bia or part thereofimmediatelybeforc ihe commencerrient oflhis Act, and includes any Act of Parliament or statutory instrument made before such commencement and coming into force on such commencement or thereafter. (2) Except where the context requires,.words and expressions used in this Act have the same meaning as in the Constitution.

3. Except as provided under this Act, the Constitution of Zambia Act, 1991, and the Constitution in the Schedule thereto, arc amended in so far as they fonn Part of the laws of Zambia. lntcrpreta.­ lion Acvt,lo. I of 1)191 Amendment of Coni-tilu­ tion of Zambia Ac� 1991 and Schedule hereto • I I • 630 No.17 ofl996]· Constillltion of Zambia Commence­ ment Act No. of 1996 Printing and publication or Lhc Constitution Existing Jaws

4. Subject to the other provisions of this Act, Lhc Constitution as amended under Act No. of 1996, shall come into operation on­ the commencement of this Act.

5. The Constitution as amended may be printed and published by the Government Printer separately from this Act, and the production of a copy of the Constitution as amended purporting to be so printed shall be primafaciein all courts and for all purposes whatsoever of Lhc Constitution as its provisions,

6. (1) Subject to the other provisions of this Act, and so far as they ·arc not inconsistent with the Constitution as amended, the existing I aws shall continue in force after the commencement of this Act as if they had been made in pursuance of the Constitution as amended, but shall be construed with such modifications, adapta­ tions, qualifications an_d exceptions as may be necessary to bring them into conformity wilh the ConstjtUf_ioq as amended. (2) The President may, by statutoIY, instrument at any time within two years ofthecommcncementofthisAct, make such amendment to any existing law as may appear to him to be necessary or expedient for bringing that law into conformity with the provisions of this Act or the Constilutipn as amended or otherwise for giving effect or enabling effect to be given to those provisions. (3) Where any matter that falls to be prescribed or otherwise provided for under the Constitution by Parliament or by any other authority or person is prescribed or provided for by or under any existing law, including any amendment to any such law made under this section, or is otherwise prescribed or provided immediately before the commencement of this Act by or under the law amended by section three, that prescription or provision shall, as from the commencement of this Act, have effect as ifit had been made under the Constitution by Parliament or, as the case may be, the other authority or person. (4) This section shall be without prejudice to any powers con­ ferred by this Act or the Constitution upon any person or authority to make provision for any matter, including the amendment or repeal of any existing law. Prerogatives and privileges of President Continuation or ornce of President

7. Where under U1e existing law any prerogatives or privileges are vested in the President those prerogatives or privileges shall, after the commencement of this Act, continue to vest in the President.

8. The person holding the office of President immediately before the commencement of this Act shall, unless he ceases to hold office by virtue of the provisions of Article 34 or 35 of the Constitution or resigns, continue in office and shall exercise the exccu Live powers of th unlit the personelectc ·, under the Constitutio

9. (1) Whereanyc amended by section t, or an equivalent offi commencement of ti shall, so far as is cor deemed to have beer commencement of tl accordan_ce with the oath of allegiance an tion: Provided that an: section three or any to vacate his offiC< attainment of any ag pcrjod or upon the i (2) Any person I and Deputy Ministe commencement of exercise the powe, amended. (3) Subjectto the in public employm, hpmediately before office shall continu the commencemen (4) The Preside, this Act, require an section lo take an execution of his o Parliament. (5) This section (a) the pro vi (b) any pow, any pe1 tion of acting ( .. Constitution of Zambia [No. 17 of 1996 631 Existing offices executive powers of the President underthe Constitution as amended until the person elected at the firstelection to the office of President under the Constitution as amended assumes office.

9. (I) Where any office has been established by orunder the law amended by section three and the Constitution establishes a similar or an equivalent office, any person who immediately before the commencement of this Act holds or is acting in the former office shall, so far as is consistent with the Constitution as amended, be deemed to have been appointed, elected or designated as from the commencement of this Act to hold or to act in the latter office in accordance with the Constitution as amended and to have taken the oath of allegiance and any other necessary oath under the Constitu­ tion: Provided that any person who, under the Jaw amended under section three or any other existing law, would have been required to vacate his office at the expiration of any period or on the attainment of any age shall vacate his office at the expiration of that perjod or upon the attainment of that age. (2) Any person holding the office of Vice-President, Minister and Deputy Ministerunder the Constitution immediately before the commencement of this Act shall continue in office and shall exercise the powers conferred on them by the Constitution as amended. (3) Subject to the provision of the C.onstitutionrelatiiig' to persons in public employment," any person who is a public officer and who hpmcdiat(,ly before the commencemel)t of this Act holds any public office shall continue to be a public officer of the Government after the commencement of this Act. (4) The President may, at any time after the commencement of this Act, require any person who continues in office by ;irtue of this section to take an oath of allegiance and. any oath· for the due execution of his office that is prescribed by or under any .Act of Parliament. (5) This section shall be without prejudice to­ ( a) the provisions of section ten; and (b) any powers conferred by or under the Constitution upon any person or authority of make provision for the aboli­ tion of offices or the removal of any pe'rson holding or acting in any office . 1 1- .. 632 No. 17 of 1996] Constitution of Zambia Co / The National Assembly

10. (1) Subject to subsection (2), theNational Assembly consti­ tuted under the law amen.ded by section three (hereinafier referred to as " the existing National Assembly ") shall be the National Assembly during the period beginning on the commencement of this Act and ending on the date set for the holding of elections to the office of President and the National Assembly under the Constitu­ tion as amended. (2) The persons who immediately before the commencement o.f this Act are the elected or nominated members of the existing National Assembly shall continue to be themembers ofthe National· Assembly during the period beginning on the commencement of this Act and ending on the date set for the holding of elcc!Jons to the office of President and the National Assembly under the Constitu­ tion as amended, and, in the case of elected members, shall be deemed to have been elected to the National Assembly to represent the same constituencies as the constituencies for which they were respectively elected. (3) The persons who immediately before the commcnccmcnt of this Act are the Speaker and the Deputy Speaker of the existing National Assembly shall continue to be respectively, the Speaker and1be Deputy Speaker of the National Assembly during the period beginning on the commencement of this Act and ending on the date set for the holding of elections to the office of ihe National Assembly under the Constitution as amended. (4) All the functions and powers Vested in Parliament by the Constitution shall be exercised, during the period beginning on the commencement of this Act and cndiJ:1gon the date set forthc holding of elections to the office of Pi-csidertt'and National Assembly, by Parliament in accordance with the Constitution as amended. (5) The rules and orders ofthe existing National Asse!llbly as in force immediately before the· commencement of this Act, shall, until itis otherwise provided forunder Article 86 ofthe Constitution as11mcnded, be the rules of procedure of the National Assembly but shall be construed with such modifications, adaptions, qualifica­ tions and exceptions as may be· riecessary to brin·g them into conformity with the Constitution as ·amended. (6) Any p�rson who under this section continued to be the Speaker, the Deputy Spcakerora memberoftheNational Assembly after the commencement of this Act shall be deemed to have taken t!)e necessary oath under the Constitution as amend.cd. (7) All moneys granted, voted or appropriated by the existing National Assembly in respect of the services of the Republic for the current financial year shall be deemed to have been granted, voted or appropriated by the existing National Assembly and in accor­ dance with the Constitution as amended. •

11. (1) Subject property of every n immediately before or held in trust for,· or for the purposes commencement of t as the case may be. (2) Any property of this Act, was lial for the purposes oft men! of this Act, President on behalf

12. Allrights,I public of ficer on b commencement of of this Act, be righ such public officer, of Zambia.

13. (1) All pl mcnccmcntofthis or under the law a­ concluded before I tution. (2) Any procee men! of this Act ar Court appointed b: be continued and standing the aboli Court.

14. (1) All rigt agreements which mcnt of Zambia in shall continue to 1 (2) All functim of this Act were· shall, as far as th, •being exercised a the President or tJ­ Constitution as "r as arc by this Act (I) The effect for the pu� applies or his per to which this sec following clause

15. j I f f Constitution of Zambia [No. 1 7 of 1996 633 1 1 . (1) Subject to this Act and the Constfrution as amended, all property of every nature and king whatsoever and all assets that immediately before the commencement of this Act were vested in, or held in trust for, the President or in any other person in right of or for the purposes of the Government of Zambia .shall after the commencement of this Act continue to be so vested or held in trust, as the case may be. (2) Any property which, immediately before the commencement of this Act, was liable to eseheat or to be forfeited to the President for the purposes of the Government of Zambia, afterthe commence­ ment of this Act, be liable to cschcat or to be forfeited to the President on behalf of the Government of Zambia. 1 2. All rights, liabilities and obligations of the President or any public officer on behalf of the Government of Zambia before the commencement of this Act shall, on and after the commencement of this Act, be rights, liabilities and obligations of the President or such public officer, as the case may be, on behalf of the Government of Zambia. 1 3. (1) All proceedings that, immediately before the com­ mencement of this Act, arc pending before any court established by or. under the Jaw amended by section three may be continued and concluded before those courts established by or under the Consti­ tution. Succession to property and assets Rights. ✓ liabilities and obligations Legal proceedings (2) Any proceedings that immediately before the commence­ ment of this Act arc pending before any Commissionerof thc .High Court appointed by orunderthe law amended by section three shall be continued and concluded before such Commissioner, notwith­ standing the abolition of the office of Commissioner of the High Court. . 1 4. (I) All rights and obligations under c;'civentions, trcatic.� or agreements which were exercisable by or binding upon the Govern­ ment of Zambia immediately before the commencement of this Act shall continue to be so exercisable and binding. ,· Transitional V/ provisions (2) All functions which immediately before the commencement of this Act were vested in the President or in any other authority shall, as far as the same continue in existence and are capable of being exercised after the commencement of this Act, be vested in the President or the authority exercising similar functions under the Constitution as ·mended, as the case may be, except such functions a� are by this Act or any other law vested in some other authority. ()) The following provisions of this section shall have effect for the purpose of enabling any officer to whom this section applies or bis personal representatives to appeal against a decision to which this section applies, that is to say a decision within the following clauses: 1 5. Appeals in rc.-.pcct of certain decisions affecting pensions and like benefits • / 634 No. 17 of 1996] Constitution of Zambia ( a) a decision of the Scivice Commission to give such concur­ rence as is requlred by Article 124 orthe Constitution as amend<;d iii relation to the refusal, withholding, reduc- ----tion in amount or suspension of any benefit� in respect of such an officer's seivice as a public officer; (b) a decision by any authority to remove such an officer from office if the consequence of the removal is that benefits cannot be granted in respect of the officer's scivice as a public officer; (c) a decision by any authority to take some other disciplinary action in relation to such anofficer ifthe consequence of the action is to reduce the amount of any benefits that may be granted in respect of the officer's scivicc as a public officer. (2) Where any decision such as is referred to in subsection (I) is taken by any authority, the autho'iity shall cause to be delivered to the officer concerned, or his personal representatives, a written notice of that decisidn stating the_ time, not being less than twenty­ eight days from the date on which the notice is delivered, withih which he, or his personal representatives.may apply to the authority for the case to be referred to an Appeals B,oard. (3) If application is duly made to an·authority within the time stated in such a notice as is mentioned in subsection (2) for a case to be referred to an Appeals Board, the authority shall notify the President in writing of that -application and the President shall appoint an Appeals Board for.!)!at pu!Jlose consisting of.- (a) one member selected by the''President; (b) one member sekcted ° th� a;socia;ion representative of by public officers or a p�ofessional body, nominated in either case by the applic.ant;- and 0 ( c) one member selected by the two other members joint! y ( or, in default of agreement between those mem hers, by the Chief Justice) who shall be the Chairman of the Board. (4) Such an Appeals Board shall inquire into the facts oflhe case that is referred to it, and for that pUIJlOSe the l;loard- (a) shall, if the applicant so requests in wri.ting, hear the applicant either in person or by legal representative of his choice, according to the ierms of th_e request; (b) may hear any other_ person who, in the opinion of the Board, is able to give the Board information on the case; and (c) shall h Wen com may auth (5) When sue of the case, ther (a) if the c boan of Sul Com1 rever. accor. (hJ if the d board or (c) to adv sion t, board the be1 (i) V (ii) ' and that advice t accordin (6) In this sectim " pension benc of Article l " Seivice <;:orr Clause (2) o Consliwtinn of Zambia [No. 17 of 1996 635 (c) shall have access to, and shall consider, all documents that were availahlc to the authority concerned and shall also consider any fu rther document relating to the case that may be pro,luccd by or on behal f of the applicant or the authority. (5) When such an appeals board has completed its consideration or the case, then- (a) if the decision that is the subject of the reference to the board is a decision such as is mentioned in paragraph ( a) of Subsection (1), the board shall advise the appropriate Commission whether the decision should be affirmed, reversed or modi !ied and the Commission shall act in accordance with that advice; (b) if the decision that is the subject of the reference Lo the board is a ckdsion such as is mentioned in paragraph (b) or (c) of suhsection (1), the board shall not have power to advise the authority responsible for making the deci­ sion to af!inn. reverse or notify the decision but the board may advise the authority responsible for granting the bene!iL.s in queslion- (i) when:- the of!iccrhas been removed from of!ice, to grant all or part of the benefits for which the officer concerned would have been eligible under any law ifhe had retired voluntarily at the date of dismissal; or (ii) where some oiher disciplinary action has been taken in relation to the officer, that on the grant of any benc!its under any Jaw in respect of the officer's service such benefits shall be increased in such manner, as the board may specify in order lo offset all or any part of the reduction in the �mount of such bcnc!its that, in the opinion of the board, would or might otherwise be a consequence of the action; and that authority shall act in accordance with that advice the provisions of that law shall have effect accordingly. (6) In this section- " pension bene!its " has the meaning assigned to it in clause (5) of Article 124 or the Constitution as amended; " Service Commission " has the meaning assigned to it in Clause (2) of Article 1 23 of the Constitution as amended. Ir­ as c­ :ct m its ; a ry of ,at . a is to :n y-., ty le se le 111 �f in ,r, le d. ;e 1e ., . . ' . - . \ - . i ,·'.:, .; ,- ·; • . i .,J ___ J 636 No. 17 of 1996] . ·r ·'1.' . Constitution ofZambiay' (7) This section applies to any officer who on the 24th Octohcr, 1964, was on pensionable conditions of service and- (a) was designated under the Overseas Service Aid Scheme; or (b) was immediately before the 24th October, 1964, a mcmhcr of Her Majesty's Overseas Civil Service or Her Majesty's Overseas Judiciary; or (c) whose conditions of service included an entitlement to free overseas passages, from Zambia for the purposes of leave of absence upon the completion of a tour of duty; or (d) was not a citizen of Zambia. . . (-. Compul.<mry relirnmcnt of non-dti:rcns

16. Notwithstanding anything to the contrary contained in this Act or the Constitution the President may, with a view lo securing the ·appointment of citizens �f Zambia to public ofl1ces direct retirement from public office of any person who is not a citizen of Zambia: · Provided that no person.shall be retired under the provisions of this section unless notice in writing is given to him specifying the date of retirement whic-h shall not be earlier than si� months from the �te1 o� which such notice is received by him. • ..