Constitution of Zambia (Amendment) Act, 2016

This section amends the Constitution by repealing Parts I and II and replacing them with new Parts.

This Constitution is the supreme law of Zambia, and people and state bodies in Zambia must comply with it.

Every person has both a right and a duty to defend the Constitution and to resist or prevent attempts to overthrow, suspend, or illegally abrogate it.

An unlawful attempt to overthrow, suspend, or illegally abrogate the Constitution does not affect the Constitution’s operation.

The Republic must not be ceded in whole or in part, but it may join a union or other inter-state organisation.

The people of Zambia hold sovereign authority and may exercise it directly or through representatives or institutions; reserved power must be exercised through a referendum as prescribed.

The provision lists the Republic’s national symbols and says their form, words, description, and use must be prescribed.

This section says what counts as the Laws of Zambia.

This section lists the national values and principles: morality and ethics, patriotism and national unity, democracy and constitutionalism, human dignity, equity, social justice, equality and non-discrimination, good governance and integrity, and sustainable development.

The President must report to the National Assembly every year on progress in applying the values and principles in this Part.

The Government must promote investment, employment, wealth, and citizen economic empowerment, and it must not compulsorily acquire an investment except under stated conditions.

The Constitution is amended by repealing Part IV and replacing it with a new Part IV on citizenship.

A person who was a Zambian citizen immediately before the Constitution commenced continues to be a citizen and keeps the same citizenship category.

Citizenship may be acquired by birth, descent, registration, or adoption under this Part.

This section sets when a person is treated as a citizen by birth, including for children found in Zambia and for people born aboard ships or aircraft.

A person born outside Zambia is a citizen by descent if at least one parent was or is a citizen by birth or descent at the time of the person’s birth.

Some people have the right to apply to the Citizenship Board of Zambia to be registered as citizens if they meet the stated age, residence, birth, ancestry, or marriage conditions.

A non-citizen child adopted by a citizen becomes a citizen on the date of adoption.

A citizen does not lose citizenship by getting another country’s citizenship, and a qualifying former citizen may apply to the Citizenship Board of Zambia to have citizenship restored.

A citizen may renounce citizenship as prescribed, and citizenship must be taken away if it was obtained by fraud, false representation, or concealment of a material fact.

The Citizenship Board of Zambia is established, and its membership terms and procedures must be prescribed.

A citizen is entitled to citizenship rights and benefits, and to a State-issued identification document.

Citizens are required to act patriotically, pay lawful taxes and duties, protect the environment, assist law enforcement, and meet certain civic duties.

A reference to a parent's citizenship at a person's birth is read differently if the person was born after the parent died.

Electoral systems and election administration must secure free and fair elections, equal adult suffrage, fair representation, gender equity, and timely dispute resolution.

A citizen aged 18 or over is entitled to register as a voter and vote by secret ballot.

Presidential elections are to be direct and use a majoritarian system; the winning candidate must get more than 50% of valid votes cast.

Council elections must be conducted under a first-past-the-post electoral system and in accordance with Articles 153 and...

A constituency and a ward must each return only one member to the National Assembly and council, respectively.

The electoral process for electing a President, Member of Parliament, or councillor must be prescribed.

The system for administering elections must be prescribed.

A political party and a candidate contesting an election are entitled to access the media, especially during election campaigns.

A person may stand as an independent candidate for a National Assembly seat only if they are not, and have not been for at least two months before the election, a member of a political party, and they meet the qualifications in Article 70.

Candidates must file nomination papers with an affidavit through the returning officer; the returning officer must reject non-compliant papers, and election-related nomination disputes and replacement nominations follow set deadlines.

If only one candidate is nominated for President, MP, or councillor by the Electoral Commission’s nomination deadline, that candidate is declared duly elected. A person may challenge that declaration within 7 days, and the process must be completed at least 30 days before a general election.

A candidate and a political party must comply with a prescribed electoral code of conduct.

A candidate who loses an election for President, Vice-President, MP, or councillor cannot be appointed as Minister or Provincial Minister during the term of that National Assembly or council.

A general election must be held every five years after the last general election, on the second Thursday of August, and the election day is a public holiday.

If a vacancy occurs in certain elected offices, a by-election must be held within 90 days; the Electoral Commission sets the place, date, and time by regulation.

Zambia must be divided into constituencies and wards, and the Electoral Commission must name, boundary, and periodically review them.

The Electoral Commission must consider listed factors when delimiting constituency and ward boundaries.

A political party has rights to disseminate information, sponsor candidates, and hold primary elections, but it must meet listed democratic and national requirements and must not be founded on specified bases, use violence, engage in corruption, or use public resources except as prescribed.

This provision amends the Constitution by renumbering Part V as Part VI and replacing that Part’s heading and sub-heading.

This provision amends the Constitution by repealing Articles 62 to 78 inclusive and replacing them with new provisions.

The legislative authority of the Republic comes from the people of Zambia and must be exercised to protect the Constitution and promote democratic governance.

Parliament holds and exercises Zambia’s legislative authority, and others cannot enact legislation unless the Constitution allows it.

Parliament must pass legislation as Bills through the National Assembly and presidential assent, and the National Assembly must oversee parliamentary and executive functions through specified oversight actions.

A Member of Parliament or a Minister may introduce a Bill in the National Assembly, and the drafting and introduction expenses are charged to the Consolidated Fund.

A Minister must introduce a Money Bill. A bill that deals with taxes, public funds, public money, loans, or related matters counts as a Money Bill.

This section sets out how a Bill is handled when presented to the President for assent, including referral back, reconsideration, resubmission, and deemed assent if deadlines are missed.

Parliament may give a person or authority power to make statutory instruments, and those instruments must be published in the Gazette within 28 days or they are void.

A Member of Parliament must be elected under Article 47(2) and this Article, and the National Assembly must include elected, nominated, and specified ex officio members.

The President may nominate certain people to the National Assembly, but only to improve representation of special interests, skills, or gender. A person may be nominated only if eligible under Article 70, and a recent election or by-election candidate cannot be nominated as a Member of Parliament.

A person may be elected as a Member of Parliament only if the listed qualifications are met, and the person is not within any listed disqualification.

A nomination for election to the National Assembly is valid only if the candidate has paid the prescribed election fee and has support from at least 15 registered voters in the constituency.

This section says when an MP’s seat becomes vacant, who must vacate it, and what the Speaker must do when a vacancy occurs.

A person may file an election petition in the High Court, and an appeal may be taken to the Constitutional Court; election petitions must be heard within 90 days, and the MP’s seat is held pending determination.

The President must appoint the Vice-President as Leader of Government Business in the National Assembly, and the largest opposition party must elect a Leader of the Opposition from among opposition Members of Parliament.

The Speaker must set the date for the first sitting of the National Assembly within 30 days after a general election, and there must be at least three sittings in a parliamentary session.

A Member of Parliament has freedom of speech and debate in the National Assembly, and that freedom cannot be questioned or set aside in a court or tribunal.

The National Assembly must regulate its own procedure, and its proceedings are not invalidated by vacancies or unauthorized attendees.

Questions in the National Assembly are decided by a majority of Members of Parliament present and voting, except where the Constitution provides otherwise; the Speaker does not vote, and a tie means the question is lost.

This section amends the Constitution by repealing Articles 80 to 90 inclusive and replacing them with new provisions.

The National Assembly may establish parliamentary committees, and it must do so at the first sitting after a general election and after the Speaker and Deputy Speakers are elected.

This section sets the Parliament term, allows limited extension during war, and regulates dissolution, court review, elections, recall, and prorogation.

Members of Parliament must elect the Speaker and Deputy Speakers by secret ballot, and they must stop ordinary business in the Assembly while a Speaker or Deputy Speaker office is vacant, except for filling the vacancy.

A Member of Parliament may move a removal motion against the Speaker or Deputy Speaker if supported by at least one-third of MPs, and the motion must state the allegations.

The section sets out how the Clerk of the National Assembly is appointed, when the Clerk retires, and how the Clerk may resign or be removed.

Officers are to be appointed in the department of the Clerk of the National Assembly, as prescribed.

The President must attend and address the National Assembly at least twice each year, and may send a message to the Assembly at any time during Parliament’s term.

The National Assembly may censure a Minister or Provincial Minister, and the Speaker must give the Minister or Provincial Minister a copy of the motion.

A citizen may petition the National Assembly to start, amend, or repeal legislation, and may comment on National Assembly deliberations, statements, or decisions.

The National Assembly must facilitate public involvement in the legislative process, and it must not exclude the public or media from sittings unless there are justifiable reasons and the Speaker explains those reasons.

This section amends the Constitution by repealing Parts VI to XIV and replacing them with new text.

The Executive authority must be exercised in line with social justice and for the people’s well-being and benefit.

The President is the Head of State and Government and Commander-in-Chief, and must exercise executive authority in line with listed constitutional duties.

The President must carry out executive functions and specified constitutional acts, including appointments, treaty actions, ministry changes, honours, proclamations, Bills, and other prescribed functions.

The President’s decisions or instructions must be in writing and signed by the President; the President’s signature on an instrument must be under Public Seal.

If approval by the National Assembly is required for an executive function, the Assembly must approve it within 21 days after the sitting begins; otherwise the President must refer the matter to the Constitutional Court.

The National Assembly must ratify certain presidential appointments or measures within 21 days, and if ratification is delayed or refused repeatedly, the President must submit a different proposal; after a third refusal or delay, the measure or appointment takes effect.

This section creates an Advisory Committee on the prerogative of mercy, lets the President appoint its members, allows the President to preside at meetings, and lets the committee set its own meeting procedure.

The President may, on advice from the Advisory Committee, pardon, reduce, or remit certain punishments; a person sentenced to death may ask the President for a pardon or commutation.

This section limits civil proceedings against the President and certain executive office-holders, gives them criminal immunity subject to a removal process, and gives the affected person a right to be heard.

The Chairperson of the Electoral Commission must act as the Returning Officer for presidential elections.

A person may be nominated for President only if they meet the listed qualifications, and they are disqualified if they fall within any listed disqualifying condition.

This section sets the rules for electing the President, including a first-ballot majority rule, a run-off if needed, and court challenge procedures.

This section sets what happens if a presidential candidate cannot continue before the second ballot, including replacement rules and fresh nominations in some cases.

A person may petition the Constitutional Court within 7 days of a President-elect’s declaration to challenge the election; the Court must hear the petition within 14 days of filing.

The President-elect must be sworn in and assume office under Article 105, while the incumbent continues executive functions until then, with limited exceptions.

This section sets out how a President-elect, or in some cases the Vice-President-elect or Speaker, takes office and what happens if the President-elect cannot do so.

This section sets the President’s term at five years, ties it to Parliament’s term, says the office ends when the next President-elect is sworn in, bars a person who has twice been President from election again, and lists when the office becomes vacant.

If the President’s office becomes vacant, the Vice-President must take over immediately unless Article 81 applies; if that cannot happen, the Speaker performs executive functions with some excluded powers, and a presidential election must be held within 60 days.

A Member of Parliament may move a supported motion to investigate the President’s capacity, and if two-thirds of Parliament backs it, specified officials must notify, convene a medical board, and follow the board’s report.

This section sets out how the President may be impeached, who must act at each step, and what happens if the allegation is or is not substantiated.

If the President is away or out of office, the Vice-President must perform the executive functions specified in writing by the President, until the President returns or revokes that authority.

This section provides for a Vice-President, requires the Vice-President to be the presidential candidate’s running mate, and sets the swearing-in and commencement timing for the office.

This section sets the Vice-President’s five-year term, the start and end of office, limits repeated service as a running mate, and the process for filling a vacancy.

The Vice-President must answer to the President and carry out assigned and executive functions, and may assume the office of President as provided in Article 106(5).

This provision establishes a Cabinet made up of the President, Vice-President, Ministers, and the Attorney-General as an ex-officio member.

Cabinet is given several functions and must take collective responsibility for its decisions.

Cabinet must meet monthly, the Secretary to the Cabinet calls meetings after consulting the President, and the President or other specified members preside at Cabinet meetings.

The President appoints a prescribed number of Members of Parliament as Ministers, and each Minister is responsible for policy and strategic direction under the President’s direction.

The President must appoint a Provincial Minister for each Province, and the Provincial Minister must carry out specified provincial governance and implementation duties.

Courts must apply justice fairly, promptly, and without undue technicality, and traditional dispute resolution must not conflict with rights, this Constitution, other law, or justice and morality.

Courts must exercise judicial authority under the Constitution and other laws, hear civil and criminal matters and constitutional matters, and generally conduct court proceedings in public.

This section says what courts make up the Judiciary, requires courts to be courts of record, devolves most courts to the Province and districts, and requires superior courts to sit as circuit courts in districts under a schedule issued by the Chief Justice.

The Supreme Court and Constitutional Court rank equally.

The Judiciary must follow only the Constitution and the law, and it cannot be controlled or directed by a person or authority.

The Judiciary must be self-accounting and deal directly with the Ministry responsible for finance on its finances.

The Supreme Court is established and includes the Chief Justice, the Deputy Chief Justice, and eleven other judges or more if prescribed.

The Supreme Court is the final court of appeal and can hear appeals from the Court of Appeal, subject to Article 128.

The Supreme Court must sit with an uneven number of at least three judges, or one judge for an interlocutory matter, and the full bench must have an uneven number of at least five judges.

This provision establishes the Constitutional Court and states that it consists of a President, a Deputy President, and eleven other judges or more if prescribed.

The Constitutional Court has original and final jurisdiction over listed constitutional and election matters, courts must refer constitutional questions to it, affected persons may petition it for redress, and its decisions cannot be appealed to the Supreme Court.

The Constitutional Court must sit with the required number of judges: normally at least three, one judge for interlocutory matters, and at least five for the full bench. It must also be presided over by the President, then the Deputy-President, then the most senior judge if needed.

The Court of Appeal is established, and the number of judges on it is set as prescribed.

The Court of Appeal can hear appeals from the High Court, other courts, and quasi-judicial bodies, but there are stated exceptions.

The Court of Appeal must normally sit with an uneven number of at least three judges, but it sits with one judge for an interlocutory appeal.

This section establishes the High Court, sets out its divisions, and allows the Chief Justice to create specialised courts by statutory instrument.

The High Court has jurisdiction over civil and criminal matters, and also appellate, supervisory, and review jurisdiction, subject to Article 128.

The High Court is to be made up of one judge or another number of judges that the Chief Justice decides.

The Chief Justice is responsible for administering the Judiciary and must ensure judicial officers act independently, with integrity, and without fear, favour, or bias.

A Deputy Chief Justice must perform the Chief Justice’s functions when needed, assist the Chief Justice, and carry out assigned functions. The President must consult the Judicial Service Commission when designating a Supreme Court judge to act as Deputy Chief Justice if that office is vacant, the Deputy Chief Justice is acting as Chief Justice, or cannot perform the office.

The provision creates a President of the Constitutional Court, makes that person the court’s head, and assigns responsibility for court administration under the Chief Justice’s direction.

A Deputy President of the Constitutional Court must step in for the President, help administer the Court, and do any functions the President assigns. The President must also designate a judge to act as Deputy President in specified vacancy or inability situations, after consulting the Judicial Service Commission.

The President must appoint certain judges and court leaders, but only on the Judicial Service Commission’s recommendation and after National Assembly ratification.

A person qualifies for appointment as a judge only if they meet integrity, legal practice, and, for some courts, experience or expertise requirements.

Judges must retire at 70, may retire with full benefits at 65, may resign in writing to the President, and retired judges cannot be appointed again.

A judge may be removed from office if any of the listed grounds applies.

A judge’s removal may be initiated by the Judicial Complaints Commission, or by a complaint made to that Commission, on the grounds referred to in the cited Article.

This section sets out the process for suspending or removing a judge, with the Judicial Complaints Commission and the President each given specific steps and deadlines.

The Judicial Service Commission must appoint judicial officers as prescribed, and judicial officers retire at 65 or may retire at 55 with full benefits.

A Chief Administrator for the Judiciary must be appointed by the Judicial Service Commission.

Different levels of government must follow listed governance principles, and state affairs are to be devolved from national to local government level.

The Government must provide adequate resources for the sub-structures to perform their functions.

The President may create, divide, or merge Provinces, but only with National Assembly approval or ratification, and the Electoral Commission must delimit the boundaries of a new Province after ratification.

Each Province must have an administrative secretariat made up of a Provincial Minister, a provincial Permanent Secretary, and other prescribed staff.

This provision establishes a local government system and sets out how it should operate, including transfers to local authorities, participation, accountability, service delivery, and local authorities’ right to manage their affairs and form associations.

A local authority must administer the district, oversee district programmes and projects, make by-laws, and carry out other prescribed functions.

This section sets how councillors are elected, what a council is made up of, who can qualify to be elected as a councillor, who may be invited to council meetings, and that a council term is five years.

Every council must have a mayor and deputy mayor, or a council chairperson and deputy council chairperson.

A councillor must act consistently with the councillor’s civic duties and responsibilities, as prescribed.

Councillors must be accountable to the national Government and residents in their wards and districts for how they perform their functions.

A councillor must vacate office when the council is dissolved or if specified vacancy events occur.

If a vacancy arises in the office of mayor, council chairperson, or councillor, the local authority’s Town Clerk or Council Secretary must notify the Electoral Commission in writing within 7 days, and a by-election must be held under Article 57.

The Chief Justice must set up local government election tribunals and make rules for them. People may file or appeal election petitions, petitions must be heard within 30 days, and a petitioned councillor keeps the seat pending the decision.

A person with a judgment against a local authority may enforce it only after one year from delivery of the judgment.

A local authority may levy, impose, recover, and retain local taxes, as prescribed.

This section establishes the Constituency Development Fund.

A Local Government Equalisation Fund is established, Parliament must appropriate money to it every year, the finance ministry must disburse it to local authorities, and the Government may also provide additional funds and grants as prescribed.

This provision lists matters that must be prescribed, including local authority regulation, financial control, loans, grants, elections of councillors, and implementation of the Part.

Chieftaincy and traditional institutions are guaranteed, and Parliament must not pass laws that give anyone the power to recognize or withdraw a chief’s recognition or that undermine the honour and dignity of chieftaincy.

The institution of chieftaincy is treated as a corporation sole with perpetual succession and can sue, be sued, and hold property in trust for its subjects.

A chief may own property personally and is entitled to the privileges and benefits attached to the office.

A chief may seek and hold public office, but if the chief seeks office in a political party or seeks election or appointment to a State office (except councillor), the chief must abdicate the throne.

A House of Chiefs is established, made up of five chiefs from each province, with members electing a chairperson and vice-chairperson annually.

A Member of the House of Chiefs serves for five years, may resign with one month’s written notice to the Chairperson, and the office becomes vacant on listed events.

The provision establishes a Clerk of the House of Chiefs and other staff, as prescribed, and says their office is part of the public service.

This section says certain matters must be prescribed, including House of Chiefs procedures, staff emoluments, related privileges and immunities, and other necessary matters.

The public service must follow listed values such as ethics, integrity, accountability, merit, fairness, timely service, and equal opportunity; these values apply across government levels and state bodies, and public officers must not be victimised, discriminated against, or punished without just cause and due process.

The President has the power to create and abolish public service offices, subject to recommendations from the relevant Service Commission, but cannot abolish an office while it still has a substantive holder.

A person is not treated as holding a public service office just because they receive emoluments for service under or for the Government.

This section creates the office of Secretary to the Cabinet, sets out the appointment process, main functions, qualifications, term, and resignation notice.

The President appoints the Attorney-General, but the National Assembly must ratify the appointment. The Attorney-General cannot hold another public office or be directed by another person or authority when doing official work.

The office of the Attorney-General becomes vacant if certain events happen, and the Attorney-General may resign by giving three months’ written notice to the President.

This section creates the office of Solicitor-General, makes the President the appointing authority subject to National Assembly ratification, and restricts the officeholder from holding another public office.

This provision creates the Director of Public Prosecutions, requires appointment by the President with National Assembly ratification, and gives the office prosecution powers while limiting outside control and some uses of the discontinuance power.

If the Director of Public Prosecutions is absent from Zambia or cannot perform the office because of illness or another cause, the President must appoint a qualified person to act in that role.

The Director of Public Prosecutions must retire at 60, may retire with full benefits at 55, may be removed on the same grounds and procedure as a judge, and may resign by three months’ written notice to the President.

This section creates the Secretary to the Treasury, sets how the office is appointed, and gives the office financial management and budgeting functions.

The President must appoint a Permanent Secretary for a province, ministry, or department on the advice of the Civil Service Commission. The Permanent Secretary must carry out the office’s functions and manage advice, policy implementation, finance, and human resources.

The President has power to appoint and confirm public officers, discipline them, and end a public officer’s employment, but these functions are to be exercised by the relevant Service Commission as provided in the Constitution. A person is not disqualified from appointment just because the office is currently held by someone on leave pending relinquishment.

A public officer must resign if seeking election or appointed to a State office; the rule also applies to a Constitutional office holder.

Employees, including public officers and Constitutional office holders, have a right to a pension benefit, and that benefit must not be withheld or altered to their disadvantage.

A pension benefit must be reviewed periodically and is exempt from tax.

If a pension benefit is not paid on the person’s last working day, the person must stop work; the name is to stay on the payroll until payment is made.

The Defence Force and national security services must be professional, non-partisan, and avoid promoting a particular organisation or political cause. Members are still allowed to register and vote.

The Defence Force and national security services must be subordinate to civilian authority.

The Defence Force of Zambia is established and must preserve sovereignty, promote harmony, and cooperate with state bodies during public emergencies and national disasters.

This section lists the national security services and sets out the duties of the Zambia Police Service, Zambia Security Intelligence Service, and Zambia Correctional Service.

A person is qualified to serve in the Defence Force and national security services only if the person is a citizen without dual citizenship and is otherwise qualified as prescribed.

The President may deploy Defence Force personnel outside the Republic and must inform the National Assembly as soon as reasonably practicable after doing so.

A person must not raise, take part in raising, establish, or take part in establishing an armed force, defence force, national security service, or a unit of those forces, except where the Constitution provides otherwise.

This section says regulations must be made for the Defence Force and national security services on their organization, operations, recruitment, personnel matters, emoluments, deployment, and other prescribed functions.

The provision lists guiding principles for public finance, including transparency, accountability, fair taxation, equitable revenue sharing, equitable development, sustainable borrowing, and prudent use of public resources.

A tax cannot be imposed unless the law specifically allows it.

A Consolidated Fund is established, and revenues and other monies accruing to the Treasury must be credited to it, unless an exception applies.

Money may not be withdrawn from the Consolidated Fund unless it is for charged expenditure or is authorised in the stated ways.

The finance minister must lay revenue and expenditure estimates before the National Assembly each financial year, and in election years within 90 days of the President’s swearing-in. The National Assembly may vary the estimates but cannot change the total amount, and must approve them by resolution.

This section requires the Minister responsible for finance to bring appropriation-related bills to the National Assembly in several situations, and allows the President to issue an urgent warrant for unappropriated expenditure subject to conditions.

The President must send a copy of the warrant to the Auditor-General and Parliament immediately after signing it.

This provision says what matters must be prescribed about public finance, budgeting, public participation, financial reporting, and spending appropriated public funds.

Money in the Consolidated Fund may be invested in marketable securities, deposits, or other secure investments with a financial institution approved by the Minister responsible for finance.

The Government may, as prescribed, raise or guarantee loans, or enter into agreements to give loans or grants, and related legislation must set approval and payment rules.

Public debt is treated as a charge on the Consolidated Public debt Fund or another public fund, and the term includes related interest, sinking fund payments, and management costs.

A Compensation Fund is established to settle claims against the State.

Public bodies must procure goods and services through a fair, equitable, transparent, competitive, and cost-effective system, as prescribed.

The Minister responsible for finance must prepare and submit the Republic’s financial report to the Auditor-General within three months after each financial year, and then lay it before the National Assembly within one month after receiving the Auditor-General’s opinion. The Auditor-General must examine the report and give an opinion within two months of receiving it.

The Auditor-General must submit an audit report to the President and the National Assembly within nine months after the end of each financial year.

This section establishes the Bank of Zambia as the central bank, gives it core monetary and banking regulatory functions, creates a Board of Directors, and protects the Bank from direction or control when performing its functions.