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Constitution of Zambia Act, 2016

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Jurisdiction: Zambia
Structure: 21 provisions
Citation: Act 1 of 2016
Dates: Source version 5 Jan 2016

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Dates: Source version 5 Jan 2016

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Purpose and legislative effect

“This section gives the Act’s short title: the Constitution of Zambia Act, 2016.”

This section gives the Act’s short title: the Constitution of Zambia Act, 2016. This section defines key terms used in the Act, including “Constitution,” “effective date,” and “existing laws.” This section amends the Constitution of Zambia Act, 1991, and the Constitution in its Schedule, except where this Act provides otherwise. The Constitution as amended in Act No. 2 of 2016 comes into operation when this Act commences, subject to this Act. The Government Printer may print and publish the Constitution separately from this Act.

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Short title

This section gives the Act’s short title: the Constitution of Zambia Act, 2016.

Section 1

Existing laws

Existing laws continue in force after this Act starts, but must be read with any needed modifications to fit the Constitution as amended. Parliament must also amend existing laws within a period it chooses to bring them into conformity with this Act and the…

Section 6

Existing offices

People already holding certain constitutional offices or public offices continue in those offices after the effective date, and are treated as having taken the required oath unless the President requires a different oath.

Section 11

17. Local government

Pending court, tribunal, commission, office, or authority matters generally continue in the same body, though they may be moved to a corresponding body under the amended Constitution.

Section 16

Transitional provisions

An Article of the Constitution that needs an Act of Parliament to take effect comes into effect when that Act is published, or on another date set by or under the Act.

Section 21

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Source record from zambialii.org · Source version 5 Jan 2016

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Showing 21 of 21 provisions

Amendment 14Commencement 3Provision 3Short title

§ 1Short titleShort title

This section gives the Act’s short title: the Constitution of Zambia Act, 2016.

1. This Act may be cited as the Constitution of Zambia Act, Short title 2016.

Section 1Verify source

§ 23. Amendment of Constitution of Zambia Act, 1991, andCommencement

This section defines key terms used in the Act, including “Constitution,” “effective date,” and “existing laws.”

2. (1) In this Act, unless the context otherwise requires— Interpretation “Constitution” means the Constitution of Zambia, 1991, in Cap. 1 force immediately before the effective date; “effective date” means the date of the commencement of this Act and the Constitution as amended as provided in section four; and “existing laws” means the Laws of Zambia as they exist immediately before the effective date, including any statutory instrument issued or made before that date which is to come into force on, or after, the effective date. (2) Except where the context otherwise requires, words and expressions used in this Act have the same meaning as in the Constitution as amended. 4 No. 1 of 2016] Constitution of Zambia Amendment of Constitution of Zambia Act, 1991, and Schedule thereto Cap. 1 Commence- ment of Constitution as amended Act No. 2 of 2016 Printing and publication of Constitution Cap. 1 Existing laws

Section 2Verify source

§ 3Amendment of Constitution of Zambia Act, 1991, andAmendment

This section amends the Constitution of Zambia Act, 1991, and the Constitution in its Schedule, except where this Act provides otherwise.

3. Except as provided under this Act, the Constitution of Zambia Act, 1991, and the Constitution in the Schedule to that Act are amended in so far as they form part of the laws of Zambia.

Section 3Verify source

§ 4Commencement of Constitution as amendedCommencement

The Constitution as amended in Act No. 2 of 2016 comes into operation when this Act commences, subject to this Act.

4. Subject to this Act, the Constitution as amended in Act No. 2 of 2016 shall come into operation on the commencement of this Act.

Section 4Verify source

§ 5Printing and publication of ConstitutionProvision

The Government Printer may print and publish the Constitution separately from this Act.

5. The Constitution may be printed and published by the Government Printer separately from this Act, and the production of a copy of the Constitution purporting to be so printed shall be prima facie evidence in courts and for all purposes in connection with the Constitution as its provisions.

Section 5Verify source

§ 6Existing lawsCommencement

6. (1) Subject to the other provisions of this Act, and so far as they are not inconsistent with the Constitution as amended, existing laws 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, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution as amended. (2) Parliament shall, within such period as it shall determine, make amendments to any existing law to bring that law into conformity with, or to give effect to, this Act and the Constitution as amended. Executive Cap. 1 Cap. 1

Section 6Verify source

§ 7ExecutiveProvision

The President continues in office for the unexpired term, and a Vice-President, Minister, or Deputy Minister continues in post until the President terminates the appointment, subject to the Constitution.

7. (1) The President shall continue to serve as President for the unexpired term of that office as specified by the Constitution in accordance with the Constitution. Cap. 1 Cap. 1 Prerogative of mercy (2) A person holding the post of Vice-President, Minister or Deputy Minister shall continue to hold that position under the Constitution until that appointment is terminated by the President in accordance with the Constitution.

Section 7Verify source

§ 8Prerogative of mercyAmendment

The President may exercise the prerogative of mercy for any criminal offence committed before the effective date.

8. The prerogative of mercy bestowed on the President under the Constitution as amended may be exercised in respect of any criminal offence committed before the effective date. Rights, duties and obligations of Government

Section 8Verify source

§ 9Rights, duties and obligations of GovernmentAmendment

Government rights, duties, and obligations that existed immediately before the effective date continue under the Constitution as amended.

9. Rights, duties and obligations of the Government subsisting immediately before the effective date shall continue as rights, duties and obligations of the Government under the Constitution as amended. Constitution of Zambia [No. 1 of 2016 5

Section 9Verify source

§ 10Succession of institutions, offices, assets and liabilitiesAmendment

If a Constitution amendment renames an office or institution, the new name is treated as the legal successor; pre-existing liabilities, property, and assets continue after the effective date, and property already liable to escheat or forfeiture stays so liable.

10. (1) Where a provision of the Constitution as amended has altered the name of an office or institution existing immediately before the effective date, the office or institution as known by the new name shall be the legal successor of the first named office or institution. Succession of institutions, offices, assets and liabilities Existing offices Cap. 1 (2) Liabilities, property and other assets that were incurred or vested in the President, the State, Government or the Republic immediately before the effective date shall continue to be so incurred or vested after the effective date. (3) Any property that was liable to escheat or to be forfeited to the State, Government or the Republic immediately before the effective date shall be liable to escheat or to be so forfeited after the effective date.

Section 10Verify source

§ 11Existing officesAmendment

11. (1) Aperson who is holding or acting in an office established by the Constitution immediately before the effective date shall continue to hold or act in that office as if appointed to that office under the Constitution as amended and shall be considered as having taken any necessary oath required to be taken under the Constitution as amended, unless the President requires that person to take any oath specified by the Constitution as amended or any other law. (2) A public officer shall continue to hold or act in that office as if appointed to that position under the Constitution as amended and shall be considered as having taken any necessary oath required to be taken under the Constitution as amended, unless the President requires the public officer to take any oath specified by the Constitution as amended or any other law. (3) This section shall not— (a) affect the powers conferred on any person or authority under the Constitution as amended to abolish offices or remove persons from those offices; or (b) apply to any person who, under the existing law or the Constitution, would have been required to vacate an office at the expiry of any period or on the attainment of any age. (4) The process of appointing persons to fill vacancies arising after the effective date shall begin on the effective date and in accordance with the Constitution as amended. 6 No. 1 of 2016] Constitution of Zambia Pensions, gratuities and other benefits Legislature Cap. 1 Cap. 1

Section 11Verify source

§ 12Pensions, gratuities and other benefitsProvision

For public officers, pensions, gratuities, and emoluments are governed by the law in force when the benefit was granted, or by a later law that is not less favourable.

12. The law applicable to pensions, gratuities or emoluments in respect of public officers shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to the public officers.

Section 12Verify source

§ 13LegislatureAmendment

This section keeps the existing National Assembly, its offices, parliamentary powers, rules, money approvals, and constituency boundaries in place after the effective date, subject to the Constitution as amended.

13. (1) The National Assembly existing immediately before the effective date shall continue as the National Assembly for the purposes of the Constitution as amended and the members of the National Assembly shall continue as members until the expiry of their term of office as specified by the Constitution. (2) The persons holding the offices of Speaker and Deputy Speaker of the National Assembly immediately before the effective date shall continue as Speaker and Deputy Speaker until another Speaker and Deputy Speakers are elected under the Constitution as amended and shall be considered as having taken any oath specified by the Constitution as amended. (3) The functions and powers vested in Parliament by the Constitution shall be exercised after the effective date by that Parliament for the unexpired term of that Parliament in accordance with the Constitution. (4) The rules and orders of the National Assembly existing on the effective date shall be the rules and orders of the National Assembly after the effective date but shall be construed with such modifications, adaptations, qualifications and exceptions as are necessary to bring them into conformity with the Constitution as amended. (5) The National Assembly shall, within such period as it shall determine, revise the Standing Orders of the National Assembly in accordance with the Constitution as amended. (6) Moneys granted, voted or appropriated by the Parliament existing immediately before the effective date, for the current financial year, shall be deemed to have been granted, voted or appropriated in accordance with the Constitution as amended. (7) The boundaries of a constituency existing immediately before the effective date shall be the boundaries of the constituency until the next delimitation is done in accordance with the Constitution as amended. By-elections

Section 13Verify source

§ 14By electionsAmendment

Any by-election held after the effective date must be held in line with the Constitution as amended.

14. A by-election held after the effective date shall be held in accordance with the Constitution as amended. Constitution of Zambia [No. 1 of 2016 7

Section 14Verify source

§ 1516Amendment

Judges and judicial officers who were already in office at the effective date continue in office, and may retire within 12 months; certain judges aged 65 on or before the effective date are entitled to retirement benefits.

15. (1) Subject to this section, a judge or judicial officer who held office immediately before the effective date shall continue to hold office as if appointed to that office under the Constitution as amended but may opt to retire, in accordance with subsection (2), within twelve months of the effective date. Judicature Cap. 1 (2) A judge who has attained the age of sixty-five years immediately before or on the effective date may retire and shall be entitled on retirement to the benefits that person would have been entitled to at the date of retirement as specified in the Constitution.

Section 15Verify source

§ 1617. Local governmentAmendment

Pending court, tribunal, commission, office, or authority matters generally continue in the same body, though they may be moved to a corresponding body under the amended Constitution.

16. (1) Unless otherwise provided under the Constitution as amended, proceedings pending before court or tribunal shall continue to be heard and determined by the same court or tribunal or may be transferred to a corresponding court or tribunal established under the Constitution as amended. (2) Unless otherwise provided under the Constitution as amended, a matter or proceeding that, immediately before the effective date, is pending before a commission, office or authority shall continue before the same commission, office or authority or corresponding commission, office or authority established under the Constitution as amended. Cap. 1 Judicial and tribunal proceedings and pending matters

Section 16Verify source

§ 17Local governmentAmendment

Local authorities, district councillors, and existing provincial/district/ward boundaries continue after the effective date until the stated constitutional or statutory changes occur.

17. (1) Local authorities shall continue to exist after the effective date until the implementation of the new structure under the Constitution as amended and as provided by an Act of Parliament. Local government (2) Parliament shall enact legislation for the local government system as provided by the Constitution as amended. (3) Councillors of district councils shall continue as councillors after the effective date until general elections are held in accordance with the Constitution as amended. (4) The boundaries of a province, district or ward existing immediately before the effective date shall be the boundaries of that province, district or ward until the next delimitation is done in accordance with the Constitution as amended.

Section 17Verify source

§ 18Political partiesAmendment

A political party that existed before the effective date must comply with the amended Constitution and related legislation within 12 months, or it will cease to exist as a political party.

18. (1) A political party in existence immediately before the effective date shall, within twelve months of the effective date, comply with the Constitution as amended and any legislation enacted by Parliament in accordance with the Constitution as amended. Political parties 8 No. 1 of 2016] Constitution of Zambia (2) If on the expiry of the period of twelve months, a political party has not complied with the Constitution as amended and any legislation enacted under subsection (1), the political party shall forthwith cease to exist as a political party. Commissions

Section 18Verify source

§ 19CommissionsAmendment

Commissions already in existence before the effective date must continue to exist as if established under the amended Constitution.

19. The Commissions existing immediately before the effective date shall continue to exist as if established under the Constitution as amended. Currency

Section 19Verify source

§ 20CurrencyAmendment

The amended Constitution does not affect the validity of notes and coins issued before the effective date.

20. Nothing in the Constitution as amended affects the validity of notes and coins issued immediately before the effective date. Transitional provisions

Section 20Verify source

§ 21Transitional provisionsAmendment

An Article of the Constitution that needs an Act of Parliament to take effect comes into effect when that Act is published, or on another date set by or under the Act.

21. Subject to section six, where an Act of Parliament is required to give effect to an Article of the Constitution as amended, that Article shall come into effect upon the publication of the Act of Parliament or such other date as may be prescribed by, or under, the Act of Parliament.

Section 21Verify source

Legislative relationships

5 referenced instruments

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A–F

4 instruments

Constitution as amended The Constitution as amended in Act
Section 4
Constitution that needs an Act
Section 21
Constitution The Government Printer may print and publish the Constitution separately from this Act
Section 5
existing laws within a period it chooses to bring them into conformity with this Act
Section 6

T–Z

1 instrument

Zambia Act, 2016
Section 1

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5 Jan 2016 · currentEnglish

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