Constitution of Zambia (Amendment) Act, 1996

This section amends the Constitution by repealing Part I and replacing it with new text.

Zambia is declared a sovereign state, this Constitution is the supreme law, it binds all persons and State organs, and English is the official language.

The Public Seal of the Republic is to be as prescribed by or under an Act of Parliament.

The National Anthem, National Flag, National Emblem, and National Motto are to be as prescribed by or under an Act of Parliament.

This section amends the Constitution by repealing Part II and replacing it with a new Part II headed “Citizenship.”

Certain people keep or gain Zambian citizenship when the Constitution starts, if they met the stated pre-commencement conditions.

A person born in or outside Zambia after commencement becomes a citizen at birth if at least one parent is a Zambian citizen.

A person who meets the stated age and residence requirements may apply to be registered as a citizen, but an application cannot be made for a person of unsound mind.

Parliament may make rules about acquisition and deprivation of citizenship, subject to a stated proviso.

Parliament may make provisions about the Citizenship Board.

The text is incomplete, but it appears to refer to a person and the acquisition of citizenship.

Adults with at least 10 years’ ordinary residence in Zambia may apply to the Citizenship Board to be registered as citizens, unless they are declared of unsound mind.

Parliament may make rules about acquiring Zambian citizenship and about taking away citizenship, but a person cannot be deprived of citizenship except on the stated grounds.

Parliament may make provision to establish a Citizenship Board for matters under Articles 6 or 7.

A person may cease to be a citizen of Zambia if they take another citizenship voluntarily (other than by marriage) and show an intention to use that other citizenship, or if a registered citizen who already has another citizenship does not renounce it and complete the required steps within three months.

This section says where a person is treated as born for certain ship or aircraft births, how parent national-status references are read after a parent's death, and preserves certain pre-1 April 1986 rights and privileges for qualifying people born in Zambia.

The provision establishes the President of Zambia as Head of State, Head of Government, and Commander-in-Chief, and vests executive power in the President.

This section sets the rules for electing the President, including candidate qualifications, nomination requirements, voting, declaration of results, swearing-in, and handover.

This section lets Cabinet trigger an investigation into whether the President is unable to perform office, and it sets out a report-and-assembly motion process.

This section sets out how the President’s capacity can be investigated and how presidential functions are carried out if the President is found or treated as incapable.

This section sets out the impeachment process for the President, including notice, parliamentary consideration, tribunal inquiry, and possible removal from office.

The provision appears to say that if the President’s office becomes vacant or the President cannot perform the functions of office, another person may act as President until a new person assumes office under Article 34.

The provision appears to let the Vice-President perform the President’s functions when the President cannot do so, and allows the National Assembly to trigger the President’s removal for constitutional violation or gross misconduct.

If the President’s office becomes vacant, an election must be held within 90 days, and the Vice-President or a Cabinet member must act as President until the elected President takes office.

The President may authorize the Vice-President or another person to carry out specified presidential functions, and the Vice-President or a Cabinet member must act in the President’s place in the listed incapacity cases.

A person assuming the office of President must, before entering office, take and subscribe to the oaths prescribed by or under an Act of Parliament.

The Chief Justice is the Returning Officer for presidential elections, and the full bench of the Supreme Court decides certain questions about compliance with presidential election law and valid election under Article 34.

The President’s salary and allowances may not be reduced to the President’s disadvantage, and former Presidents are entitled to pension and other benefits prescribed by Parliament. The text also gives the President immunity from civil and criminal proceedings for official acts and states general Head of State powers.

The President is to receive salary and allowances set by an Act of Parliament, and former Presidents are to receive pension and gratuity set the same way.

The President is protected from certain civil and criminal proceedings, and former Presidents are also protected unless the National Assembly resolves otherwise in a specified case.

The President has broad executive powers and related duties, including acting for government, appointing officials, signing proclamations, and taking certain actions subject to the Constitution and other laws.

The Vice-President must perform functions assigned by the President, in addition to constitutional powers and functions.

The President must use his own deliberate judgment when exercising functions under this Article, and may remove persons appointed by the President, subject to other constitutional and legal provisions.

The President appoints the Vice-President from among National Assembly members, the Vice-President leaves office when someone assumes the presidency, and the Vice-President must perform any functions assigned by the President.

The President appoints Ministers from among National Assembly members, and Ministers carry out government business assigned by the President.

The President may appoint Deputy Ministers, Provincial Deputy Ministers must administer any province assigned to them, appointments must come from National Assembly members, and their pay is set by Parliament.

A Vice-President, Minister, or Deputy Minister may not start performing office duties until the required oaths have been taken and subscribed.

Cabinet is made up of the President, Vice-President, and Ministers; the President presides at Cabinet meetings, the Vice-President presides when the President is absent, and Cabinet can act despite vacancies.

The Cabinet must formulate government policy and advise the President on government policy and any other matters the President refers to it.

The Cabinet and Deputy Ministers must be collectively accountable to the National Assembly.

All Ministers and Deputy Ministers must conduct themselves. The Secretary to the Cabinet appears to have duties linked to the Public Service and Cabinet minutes, plus other functions assigned by law.

This section establishes the Attorney-General and says the office has listed functions, including drafting bills, handling government documents and agreements, representing the Government in proceedings, and doing other assigned functions.

A Secretary to the Cabinet must be appointed by the President, subject to ratification by the National Assembly, and must carry out listed cabinet and public service functions.

This section creates the Attorney-General’s office, says the President appoints the Attorney-General with National Assembly ratification, and sets out the office’s main legal functions and qualification rule.

The President appoints the Solicitor-General, subject to National Assembly ratification. The office is a public office, there is a qualification rule for appointment, the office can become vacant if removed by the President, the holder may resign on three months’ notice, and the Solicitor-General may act for the Attorney-General in specified cases.

This provision creates the Director of Public Prosecutions, sets appointment conditions, and gives the office power over criminal proceedings.

If the Director of Public Prosecutions is absent or ill, the President may appoint someone to carry out the office’s functions, on the advice of the Judicial Service Commission.

This section appears to concern the tenure of office of the Director of Public Prosecutions, but the text is too garbled to extract a clear rule.

The Director of Public Prosecutions must vacate office at age 60, subject to this Article.

The President must appoint a tribunal to investigate whether the Director of Public Prosecutions should be removed, and must remove the person if the tribunal advises removal.

The President has power to grant a pardon to a person convicted of an offence, including subject to lawful conditions.

This provision allows a person or authority to grant a respite from a punishment, replace it with a less severe punishment, or remit punishment and related penalties.

An advisory committee on the prerogative of mercy must be supported by presidential appointment and procedure-setting powers, and the President must have death-sentence cases considered by the committee.

The President has the power to create and abolish offices for the Republic, and to appoint, confirm, discipline, and remove persons serving in those offices.

This section repeals Articles 62 to 78 inclusive of the Constitution and replaces them.

Legislative power of the Republic of Zambia vests in Parliament.

The National Assembly is made up of 150 elected members, up to 8 nominated members, and the Speaker. Elections for members must be direct, by universal adult suffrage, by secret ballot, and follow the Constitution and any Act of Parliament.

A person is qualified to be elected as a member of the National Assembly if the person is a citizen of Zambia, is at least 21 years old, and is literate and conversant with Zambia’s official language.

The section lists when a person is not qualified to be elected to the National Assembly, and requires a Chief who wants to stand to give up the chieftaincy first.

This section appears to deal with electing the Speaker and related conditions, but the text is heavily garbled and incomplete.

Nominations for election to the National Assembly must be delivered to the Returning Officer on the day, time, and place set by the Electoral Commission, and a nomination is not valid unless required legal conditions are met.

A by-election must be held within 90 days after a vacancy occurs, and Parliament may prescribe how by-elections are held.

The President may appoint nominated members of the National Assembly after a general election and before the next dissolution, but there cannot be more than eight at one time.

The text appears to refer to rules about National Assembly membership around dissolution and loss of membership, but the source is incomplete and garbled.

The Assembly must elect a Speaker from among eligible non-members, and the Speaker must leave office in stated circumstances. While the Speaker’s office is vacant, the Assembly may do no business except elect a Speaker.

The National Assembly must elect a Deputy Speaker, and the Deputy Speaker must leave office if specified conditions occur.

Members of the National Assembly must vacate their seats in specified situations, including dissolution, loss of Zambian citizenship, misconduct against the code of conduct, party changes in certain cases, becoming President, or certain criminal sentences. The Speaker is excepted from the dissolution rule.

This section appears to concern Assembly membership questions and an appeal to the High Court, but the source text is badly corrupted.

This provision appears to deal with a member of the National Assembly being detained or having freedom of movement restricted, including a rule tied to a total period exceeding six months.

Citizens aged 18 may be entitled to be registered as voters, and a disqualifying decision does not take effect while an appeal or free pardon application is pending until final determination.

The High Court may hear and determine questions about the election, nomination, vacancy, or vacation of office of National Assembly members, Speaker, or Deputy Speaker, and appeals from its determinations go to the Supreme Court.

There must be a Clerk of the National Assembly, and additional offices in that department may be created if prescribed by an Act of Parliament.

The President may, at any time, end the appointment of a nominated member appointed under Article 68 and replace that person with someone else.

Some Zambian citizens aged 18 or over may register and vote in National Assembly elections unless Parliament disqualifies them.

An autonomous Electoral Commission is established to oversee voter registration, run Presidential and Parliamentary elections, and review constituency boundaries.

The section requires Zambia to be divided into constituencies for National Assembly elections and gives the Electoral Commission boundary-setting and review responsibilities.

The Electoral Commission is responsible for registering voters and conducting elections in every constituency during periods when presidential and parliamentary elections are being held.

Parliament’s legislative power must be exercised through Bills passed by the National Assembly and assented to by the President, and a Bill becomes law only after assent and Gazette publication.

Articles 80 to 90 of the Constitution are repealed and replaced with substituted Articles.

Parliament may authorize people or authorities to make statutory instruments. Statutory instruments must be published in the Gazette within 28 days, and the President may annul one by order if a tribunal reports constitutional inconsistency.

The National Assembly must not proceed with certain bills or motions unless the President’s recommendation is signified by the Vice-President or a Minister.

The text is too garbled to reliably extract the rule.

The text is too garbled to reliably extract a rule.

This section appears to address the Speaker’s voting role and the meeting quorum, but the text is partly garbled.

The text appears to refer to a penalty and recovery by the Attorney-General, but the wording is too incomplete to state the rule reliably.

The President may address the National Assembly.

The President may attend and address the National Assembly, and may send it messages.

At sittings of the National Assembly, the Speaker presides; if the Speaker is absent, the Deputy Speaker presides; if both are absent, the Assembly may elect another member to preside.

This section sets how the National Assembly decides questions, how the Speaker votes, and the quorum rule for meetings.

A person must not sit or vote in the National Assembly if they know, or have reasonable grounds to know, that they are not entitled to do so.

The National Assembly may make its own procedure, may act despite membership vacancies, and proceedings are not invalid just because an unauthorized person was present or took part.

The National Assembly and its members have the privileges, powers, and immunities that an Act of Parliament may prescribe.

This section sets when Parliament and the National Assembly sit, and gives the President powers to appoint, summon, prorogue, and dissolve them.

The text is garbled, but it appears to refer to the Speaker’s duties before taking the National Assembly and to a Judicial Service Commission.

During war, Parliament may extend the five-year period in clause (6) by up to 12 months at a time, but not beyond five years total; the President may recall dissolved Parliament before elections if war or emergency makes it necessary.

The Speaker and every member of the National Assembly must take and subscribe to the oath of allegiance before the National Assembly, before the Speaker assumes office duties and before a member takes a seat.

This section creates an Investigator-General of the Republic, sets appointment and qualification rules, and allows removal, suspension, acting appointment, and resignation under stated conditions.

This section amends the Constitution by repealing Parts VI, VII, VIII and IX and replacing them with new Parts.

The provision says the Judicature of the Republic consists of the Supreme Court of Zambia and the High Court for Zambia.

This provision appears to deal with the Supreme Court, its judges, and related appointment or procedural matters.

Judges, magistrates and justices covered here must be independent and impartial, follow the Constitution and law, and comply with a code of conduct set by Parliament.

Creates the Supreme Court of Zambia, makes it the final court of appeal, and gives the Chief Justice power to make practice and procedure rules.

The President must appoint the Chief Justice, Deputy Chief Justice, and Supreme Court judges, but only after ratification by the National Assembly.

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The text appears to deal with an appointment being revoked and a person continuing to act in relation to proceedings, but the wording is unclear.

The President may appoint judges to act in key judicial offices when those offices are vacant or the office-holder is unavailable.

This section establishes the High Court and gives it broad jurisdiction, including supervisory powers over lower courts and court-martial proceedings.

The President appoints the puisne judges, and the Chairman and Deputy Chairman of the Industrial Relations Court, with advice from the Judicial Service Commission and, for puisne judges, ratification by the National Assembly.

A person appointed under Article 93 to act as a Supreme Court judge must keep acting for the appointment term, or until the President revokes it if no term is set.

A person cannot be appointed to specified judicial offices unless they meet the stated qualification and experience requirements, subject to a special-case dispensation.

Judges of the Supreme Court and High Court must leave office at 65, unless the President allows limited continued service. Judges may be removed only through the Article’s tribunal process for inability, incompetence, or misbehaviour.

Judges of the Supreme Court or High Court must not start their duties unless they have taken and subscribed the required oaths.

This section establishes the Zambia Defence Force and requires it and its members to meet specified character and conduct requirements. It also prohibits any person from raising an armed force unless it is in accordance with the Constitution.

The Zambia Defence Force must protect Zambia’s sovereignty and territorial integrity, work with civilian authorities in emergencies and natural disasters, foster civilian relations, and do productive work for Zambia’s development.

Parliament must make laws regulating the Zambia Defence Force.

The Zambia Police Force is said to have power to prescribe by law, but the source text is badly garbled.

This fragment lists functions relating to protecting, preserving, detecting, and cooperating, but the text is incomplete.

The text is too fragmentary to identify a clear rule; it appears to reference Parliament and several listed items.

The text refers to the Zambia Defence Force, including the terms and conditions of service of its members and the deployment of troops outside Zambia.

The Constitution says there is a Zambia Police Force, allows Parliament to prescribe other police forces and their functions, and requires the Zambia Police Force and its members to meet stated character and citizenship standards.

The Zambia Police Force must include protecting life and property, preserving law and order, detecting and preventing crime, and cooperating with civilian authority, other security organs, and the general population.

Parliament must make laws regulating the Zambia Police Force.

This provision states that the Zambia Prison Service shall exist.

Parliament must make laws regulating the Zambia Prison Service.

A Zambia Security Intelligence Service is established, and Parliament must make laws regulating it.

Zambia’s local government system is to be set by Parliament and based on democratically elected councils chosen by universal adult suffrage.

The Directive Principles of State Policy are to guide the Executive, Legislature, and Judiciary in policy-making, law-making, and applying the Constitution and other laws.

The Directive Principles in this Part are not justiciable and are not legally enforceable in court, tribunal, or administrative institutions or entities.

The State is directed to promote democratic principles and a range of social, economic, environmental, education, health, culture, and labour conditions; every citizen has specified civic duties, including paying taxes and assisting law enforcement.

This section limits when taxes can be changed and when spending warrants can be issued from the general revenues.

If expenditure was authorised by a presidential warrant, the Minister responsible for finance must lay a supplementary estimate before the National Assembly for approval within four months, or at the first sitting after that if the Assembly is not sitting.

The Minister responsible for finance must prepare and lay before the National Assembly estimates of the Republic’s revenues and expenditure within three months after each financial year starts.

The Minister responsible for finance must prepare and lay before the National Assembly a financial report for each financial year within nine months after that year ends.

Parliament may prescribe additional information to be included in a financial report for a financial year.

Holders of certain offices are to be paid salary and allowances set by law, and their pay or terms of office must not be made worse after appointment.

The President appoints an Auditor-General subject to National Assembly ratification, and the Auditor-General must audit public accounts and report on them within set deadlines.

The Auditor-General must leave office at age 60, may be removed only under this Article, may resign with three months’ notice to the President, and cannot hold any other public office.

A Judicial Service Commission is to be established for the Republic, and it has the functions and powers given by the Constitution and by Acts of Parliament.

Parliament may establish additional commissions, and those commissions may be given prescribed functions and powers.

This section sets which law applies to different pension benefits and says some pension benefits are charged on the Republic’s general revenues.

This provision establishes the Human Rights Commission and says it must be autonomous.

The Human Rights Commission’s functions, powers, composition, funding, and administrative procedures, including staff employment, must be set by or under an Act of Parliament.

The provision says the Institution of Chief must exist and operate as a corporation sole; it also protects certain customary privileges and bars people from insulting or politically involving a Chief.

The House of Chiefs may consider and discuss bills and customary-law matters, and it must send resolutions on referred bills or matters to the President.

The House of Chiefs must have 27 members. Each province provides three chiefs, members serve three years, may be re-elected for another three years, and may resign with one month’s written notice to the Chairman.

The Chairman and every roember of the House of Chiefs must take an oath of allegiance.

The House of Chiefs must have a Clerk and any other staff needed to carry out the functions under this Part.

The President may make regulations, by statutory instrument and subject to the Constitution, about the House of Chiefs.

The text is too garbled to reliably extract a rule.

The text appears to relate to appointing a person to an office or constitutional role, but it is too corrupted to extract the rule confidently.

The provision lists matters that may be dealt with, including remuneration, House of Chiefs procedure, privileges and immunities, and related matters.

People appointed or elected to constitutional offices may resign in writing to the appropriate recipient.

A person who has vacated a constitutional office may be appointed or elected again if qualified. Where the Constitution gives someone power to appoint, a new appointment can still be made even if another person is holding the office on leave pending relinquishment.

This section defines key constitutional terms and sets interpretation rules for offices, powers, repeal, and time calculation.