Constitution of Zambia (Amendment) Act, 2016

214. (1) There shall be a Governor of the Bank of Zambia who shall be appointed by the President, subject to ratification by the National Assembly, and who shall be— (a) a citizen; Constitution of Zambia (Amendment) [No. 2 of 2016 89 (b) a person who has specialised training and experience in economics, finance, accounting, banking, law or other field relevant to banking, as prescribed; and (c) a person of proven integrity. (2) The Governor shall be the Chairperson of the Board of Directors.

215. The following shall be prescribed: (a) additional functions, operations and management of the Bank of Zambia; (b) appointment, qualifications and tenure of office of the Board of Directors; (c) election of a Vice-Chairperson of the Board of Directors; (d) tenure of office and emoluments of the Governor; (e) appointment, qualifications, tenure of office, functions and emoluments of the Deputy-Governor; (f) recruitment, and emoluments of members of staff of the Bank of Zambia; and (g) other matters necessary for the performance of the functions of the Bank of Zambia. PART XVIII SERVICES, COMMISSIONS AND OTHER INDEPENDENT OFFICES

216. A commission shall— (a) be subject only to this Constitution and the law; (b) be independent and not be subject to the control of a person or an authority in the performance of its functions; (c) act with dignity, professionalism, propriety and integrity; (d) be non-partisan; and (e) be impartial in the exercise of its authority. Legislation on Bank of Zambia Principles relating to commissions Parliamentary Service Commission

217. (1) There is established the Parliamentary Service. (2) The office of the Clerk of the National Assembly, members of staff of the Parliamentary Service Commission and members of staff of the office of the Clerk, as prescribed, are offices in the Parliamentary Service. Parliamentary Service 90 No. 2 of 2016] Constitution of Zambia (Amendment) Parliamentary Service Commission

218. (1) There is established the Parliamentary Service Commission. (2) The Parliamentary Service Commission shall— (a) appoint the Clerk of the National Assembly; (b) constitute offices in the Parliamentary Service; (c) appoint, confirm, promote and hear appeals from officers of the Parliamentary Service; (d) ensure efficient and effective functioning of the National Assembly; (e) have financial oversight of the Parliamentary Service and the National Assembly; and (f) perform such other functions as prescribed. Judicial Service Commission Judicial Service

219. (1) There is established the Judicial Service. (2) The office of judge, judicial officer, the members of staff of the Judicial Service Commission and such other officers as prescribed, are offices in the Judicial Service. Judicial Service Commission

220. (1) There is established the Judicial Service Commission. (2) The Judicial Service Commission shall— (a) constitute offices in the Judicial Service; (b) make recommendations to the President on the appointment of judges; (c) appoint, confirm, promote and hear appeals from judicial officers; and (d) carry out a function provided for in this Constitution, or as prescribed. Civil Service

221. (1) There is established the Civil Service. Civil Service Commission (2) The office of the Secretary to the Cabinet, Secretary to the Treasury, Deputy Secretary to the Cabinet, civil servants, the members of staff of the Civil Service Commission and other public officers as prescribed, are offices in the Civil Service. Constitution of Zambia (Amendment) [No. 2 of 2016 91

222. (1) There is established the Civil Service Commission. (2) The Civil Service Commission shall— Civil Service Commission (a) constitute offices in the Civil Service; (b) appoint, confirm, promote and hear appeals from officers in the Civil Service, excluding a Constitutional office holder; and (c) perform such other functions as prescribed. Teaching Service Commission

223. (1) There is established the Teaching Service. (2) The teachers serving as public officers excluding civil servants, the members of staff of the Teaching Service Commission and other public officers, as prescribed, are offices in the Teaching Service.

224. (1) There is established the Teaching Service Commission. (2) The Teaching Service Commission shall— Teaching Service Teaching Service Commission (a) constitute offices in the Teaching Service; (b) appoint, confirm, promote and hear appeals from officers of the Teaching Service; and (c) perform such other functions as prescribed. Zambia Correctional Service Commission

225. (1) There is established the Zambia Correctional Service Commission for the Zambia Correctional Service established in Article 193. Zambia Correctional Service Commission (2) The office of Commissioner-General of Correctional Service, Deputy Commissioners-General of Correctional Service, Commissioners of Correctional Service, Assistant Commissioners of Correctional Service, Correctional officers and wardens, members of staff of the Zambia Correctional Service Commission and such other public officers as prescribed, are offices in the Zambia Correctional Service. (3) The Zambia Correctional Service Commission shall— (a) constitute offices in the Zambia Correctional Service; (b) appoint, confirm, promote and hear appeals from officers of the Zambia Correctional Service; and (c) perform such other functions as prescribed. 92 No. 2 of 2016] Constitution of Zambia (Amendment) Zambia Police Service Commission Zambia Police Service Commission

226. (1) There is established the Zambia Police Service Commission for the Zambia Police Service established in Article

193. Local Government Service Local Government Service Commission (2) The office of the Inspector-General of Police, the Deputy Inspector-General of Police, police officers, the members of staff of the Zambia Police Service Commission and other public officers as prescribed, are offices in the Zambia Police Service. (3) The Zambia Police Service Commission shall— (a) constitute offices in the Zambia Police Service; (b) appoint, confirm, promote and hear appeals from officers of the Zambia Police Service; and (c) perform such other functions as prescribed. Local Government Service Commission

227. (1) There is established the Local Government Service. (2) The office of the Town Clerk, Council Secretary, members of staff of the Local Government Service Commission, the members of staff of local authorities and other local government staff, as prescribed, are offices in the Local Government Service.

228. (1) There is established the Local Government Service Commission. (2) The Local Government Service Commission shall— (a) appoint the Town Clerk and Council Secretary of a local authority; (b) constitute offices in the Local Government Service; (c) appoint, confirm, promote and hear appeals from officers of the Local Government Service; (d) ensure efficient and effective functioning of local authorities; and (e) perform such other functions as prescribed. Electoral Commission of Zambia Electoral Commission of Zambia

229. (1) There is established the Electoral Commission of Zambia which shall have offices in Provinces and progressively in districts. Constitution of Zambia (Amendment) [No. 2 of 2016 93 (2) The Electoral Commission shall— (a) implement the electoral process; (b) conduct elections and referenda; (c) register voters; (d) settle minor electoral disputes, as prescribed; (e) regulate the conduct of voters and candidates; (f) accredit observers and election agents, as prescribed; (g) delimit electoral boundaries; and (h) perform such other functions as prescribed. Human Rights Commission

230. (1) There is established the Human Rights Commission which shall have offices in the Provinces and progressively in districts. Human Rights Commission (2) The Human Rights Commission shall ensure that the Bill of Rights is upheld and protected. (3) The Human Rights Commission shall— (a) investigate and report on the observance of rights and freedoms; (b) take necessary steps to secure appropriate redress where rights and freedoms are violated; (c) endeavour to resolve a dispute through negotiation, mediation or conciliation; (d) carry out research on rights and freedoms and related matters; (e) conduct civic education on rights and freedoms; and (f) perform such other functions as prescribed. Gender Equity and Equality Commission

231. (1) There is established the Gender Equity and Equality Commission which shall have offices in the Provinces and progressively in districts. Gender Equity Equality Commission (2) The Gender Equity and Equality Commission shall promote the attainment and mainstreaming of gender equality. 94 No. 2 of 2016] Constitution of Zambia (Amendment) (3) The Gender Equity and Equality Commission shall— (a) monitor, investigate, research, educate, advise and report on issues concerning gender equality; (b) ensure institutions comply with legal requirements and other standards relating to gender equality; (c) take steps to secure appropriate redress to complaints relating to gender inequality, as prescribed; and (d) perform such other functions as prescribed. Emoluments Commission Emoluments Commission

232. (1) There is established the Emoluments Commission. (2) The Emoluments Commission shall determine, on the recommendation of the relevant authority or commission, the emoluments of public officers, chiefs and members of the House of Chiefs, as provided in this Constitution or as prescribed. Lands Commission Lands Commission

233. (1) There is established the Lands Commission which shall have offices in all Provinces and progressively in districts. (2) The Lands Commission shall administer, manage and alienate land, on behalf of the President, as prescribed. State Audit Commission State Audit Commission

234. (1) There is established the State Audit Commission. (2) The State Audit Commission shall— (a) subject to Article 249 (2) oversee the operations of the office of the Auditor-General, as prescribed; (b) make recommendations to the President on the appointment of the Auditor-General; and (c) perform such other functions as prescribed. Investigative Commissions

235. There is established the following investigative commissions: (a) the Anti-Corruption Commission; (b) the Drug Enforcement Commission; and (c) the Anti-Financial and Economic Crimes Commission. Investigative Commissions Constitution of Zambia (Amendment) [No. 2 of 2016 95 Judicial Complaints Commission

236. (1) There is established the Judicial Complaints Commission. (2) The Judicial Complaints Commission shall— Judicial Complaints Commission (a) enforce the Code of Conduct for judges and judicial officers; (b) ensure that judges and judicial officers are accountable to the people for the performance of their functions; (c) receive complaints lodged against a judge or judicial officer, as prescribed; (d) hear a complaint against a judge or judicial officer, as prescribed; (e) make recommendations to the appropriate institution or authority for action; and (f) perform such other functions as prescribed. Police Public Complaints Commission

237. (1) There is established the Police Public Complaints Commission. Police Public Complaints Commission (2) The Police Public Complaints Commission shall— (a) receive and investigate complaints against police actions; (b) investigate complaints against police actions which result in serious injury or death of a person; (c) make recommendations to the appropriate institution or authority for action; and (d) perform such other functions as prescribed. General Provisions Relating to Commissions

238. (1) A commission shall be a self-accounting institution which deals directly with the Ministry responsible for finance in matters relating to its finances. Financial independence of commissions (2) A commission shall be adequately funded in a financial year to enable it to effectively perform its functions.

239. The expenses of a commission, including emoluments payable to, or in respect of, persons serving with that commission, shall be a charge on the Consolidated Fund. Expenses of commissions 96 No. 2 of 2016] Constitution of Zambia (Amendment) Qualifications of members of commissions

240. A person qualifies to be appointed as a member of a commission if that person— (a) is a citizen; (b) is permanently resident in Zambia; (c) has not, in the immediate preceding five years, served a term of imprisonment of at least three years; (d) declares that person’s assets and liabilities, as prescribed; (e) has paid that person’s taxes or has made arrangements satisfactory to the appropriate tax authority for the payment of the taxes; (f) does not have a mental or physical disability that would make the person incapable of performing the functions of office; (g) is not serving a sentence of imprisonment for an offence under a law; and (h) has other qualifications, as prescribed. General powers of commissions

241. A commission— (a) shall appoint its staff; (b) may refer matters within its mandate to appropriate State organs or State institutions for action; (c) may initiate its own investigations and receive complaints from a person on matters within its mandate; (d) shall take measures to ensure that State institutions and other persons comply with its decisions; and (e) shall submit annual reports to the National Assembly on its accounts and activities as prescribed. Legislation on commissions

242. The functions, composition, appointment of members, tenure of office of members, processes and procedures, operations, administration, structures, finances and financial management of a commission shall be prescribed. Other Independent Offices Public Protector Public Protector

243. (1) There shall be a Public Protector who shall be appointed by the President, on the recommendation of the Judicial Service Commission, subject to ratification by the National Assembly. Constitution of Zambia (Amendment) [No. 2 of 2016 97 (2) A person qualifies for appointment as Public Protector if that person— (a) is qualified to be appointed as a judge; and (b) does not hold a State office or Constitutional office. (3) The office of Public Protector shall be decentralised to the Provinces and progressively to districts, as prescribed. (4) The procedures, staff, finances, financial management, administration and operations of the office of the Public Protector shall be prescribed.

244. (1) The Public Protector may investigate an action or decision taken or omitted to be taken by a State institution in the performance of an administrative function. Functions of Public Protector (2) For purposes of clause (1), an action or decision taken or omitted to be taken is an action or decision which is— (a) unfair, unreasonable or illegal; or (b) not compliant with the rules of natural justice. (3) For purposes of clauses (1) and (2), the Public Protector may— (a) bring an action before a court; (b) hear an appeal by a person relating to an action or decision taken or omitted to be taken in respect of that person; and (c) make a decision on an action to be taken against a public officer or Constitutional office holder, which decision shall be implemented by an appropriate authority. (4) The Public Protector shall not be subject to the direction or control of a person or an authority in the performance of the functions of office. (5) The Public Protector has the same powers as those of the High Court in— (a) enforcing the attendance of witnesses and examining them on oath; (b) examining witnesses outside Zambia; (c) compelling the production of documents; (d) enforcing decisions issued by the Public Protector; and (e) citing a person or an authority for contempt for failure to carry out a decision. 98 No. 2 of 2016] Constitution of Zambia (Amendment) (6) A person summoned to give evidence or to produce a document before the Public Protector is entitled, in respect of that evidence or the production of the document, to the same privileges and protection as those that a person would be entitled to before a court. (7) An answer by a person to a question put by the Public Protector is not admissible in evidence against that person in civil or criminal proceedings, except for perjury.

245. The Public Protector shall not investigate a matter which— (a) is before a court, court martial or a quasi-judicial body; (b) relates to an officer in the Parliamentary Service or Judicial Service; (c) involves the relations or dealings between the Government and foreign government or an international organisation; (d) relates to the exercise of the prerogative of mercy; or (e) is criminal in nature.

246. Where the Public Protector is absent from Zambia or is unable to perform the functions of office due to illness or other cause, the President shall appoint a person qualified to perform the functions of the Public Protector until that appointment is revoked or until the Public Protector returns to office.

247. (1) Subject to this Article, the Public Protector shall retire from office on attaining the age of sixty years. (2) The Public Protector may retire, with full benefits, on attaining the age of fifty-five years. (3) The Public Protector may be removed from office on the same grounds and procedure as apply to a judge. (4) The Public Protector may resign from office by three months’ notice, in writing, to the President.

248. The office of the Public Protector shall report to the National Assembly on matters concerning its affairs. Auditor-General

249. (1) There shall be an Auditor-General who shall be appointed by the President, on the recommendation of the State Audit Commission, subject to ratification by the National Assembly. Limitation of powers of Public Protector Performance of functions of Public Protector during absence, illness or other cause Tenure of office of Public Protector Report to National Assembly Auditor- General Constitution of Zambia (Amendment) [No. 2 of 2016 99 (2) The office of Auditor-General shall be decentralised to the Provinces and progressively to districts, as prescribed. (3) The following shall be prescribed: (a) the qualifications of the Auditor-General; (b) the operations and management of the office of the Auditor-General; (c) the recruitment, supervision, grading, promotion and discipline of the staff of the Auditor-General; and (d) the finances of the office of the Auditor-General.

250. (1) The Auditor-General shall— (a) audit the accounts of— Functions of Auditor- General (i) State organs, State institutions, provincial administration and local authorities; and (ii) institutions financed from public funds; (b) audit the accounts that relate to the stocks, shares and stores of the Government; (c) conduct financial and value for money audits, including forensic audits and any other type of audit, in respect of a project that involves the use of public funds; (d) ascertain that money appropriated by Parliament or raised by the Government and disbursed— (i) has been applied for the purpose for which it was appropriated or raised; (ii) was expended in conformity with the authority that governs it; and (iii) was expended economically, efficiently and effectively; and (e) recommend to the Director of Public Prosecutions or a law enforcement agency any matter within the competence of the Auditor-General, that may require to be prosecuted. (2) The Auditor-General shall not be subject to the direction or control of a person or an authority in the performance of the functions of office. 100 No. 2 of 2016] Constitution of Zambia (Amendment) Performance of functions of Auditor- General during absence, illness or other cause Tenure of office of Auditor- General

251. Where the Auditor-General is absent from Zambia or is unable to perform the functions of office due to illness or other cause, the President shall appoint a person qualified to perform the functions of the Auditor-General until that appointment is revoked or until the Auditor-General returns to office.

252. (1) Subject to this Article, the Auditor-General shall retire from office on attaining the age of sixty years. (2) The Auditor-General may retire, with full benefits, on attaining the age of fifty-five years. (3) The Auditor-General may be removed from office on the same grounds and procedure as apply to a judge. (4) The Auditor-General may resign from office by three months’ notice, in writing, to the President. PART XIX LAND, ENVIRONMENT AND NATURAL RESOURCES Land Principles of land policy

253. (1) Land shall be held, used and managed in accordance with the following principles: (a) equitable access to land and associated resources; (b) security of tenure for lawful land holders; (c) recognition of indigenous cultural rites; (d) sustainable use of land; (e) transparent, effective and efficient administration of land; (f) effective and efficient settlement of land disputes; (g) river frontages, islands, lakeshores and ecologically and culturally sensitive areas— (i) to be accessible to the public; (ii) not to be leased, fenced or sold; and (iii) to be maintained and used for conservation and preservation activities; (h) investments in land to also benefit local communities and their economy; and (i) plans for land use to be done in a consultative and participatory manner. Constitution of Zambia (Amendment) [No. 2 of 2016 101

254. (1) Land shall be delimited and classified as State land, customary land and such other classification, as prescribed. (2) The President may, through the Lands Commission, alienate land to citizens and non-citizens, as prescribed. Classification and alienation of land and land tenure (3) Land shall be held for a prescribed tenure. Principles of environmental and natural resources management and development Environment and Natural Resources

255. The management and development of Zambia’s environment and natural resources shall be governed by the following principles: (a) natural resources have an environmental, economic, social and cultural value and this shall be reflected in their use; (b) the person responsible for polluting or degrading the environment is responsible for paying for the damage done to the environment; (c) where there are threats of serious or irreversible damage to the environment, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation; (d) the conservation and protection of ecologically sensitive areas, habitats, species and other environment shall be done in a sustainable manner; (e) respect for the integrity of natural processes and ecological communities; (f) benefits accruing from the exploitation and utilisation of the environment and natural resources shall be shared equitably amongst the people of Zambia; (g) saving of energy and the sustainable use of renewable energy sources shall be promoted; (h) reclaiming and rehabilitation of degraded areas and those prone to disasters shall be promoted; (i) unfair trade practices in the production, processing, distribution and marketing of natural resources shall be eliminated; (j) origin, quality, methods of production, harvesting and processing of natural resources shall be regulated; 102 No. 2 of 2016] Constitution of Zambia (Amendment) Protection of environment and natural resources (k) equitable access to environmental resources shall be promoted; (l) effective participation of people in the development of relevant policies, plans and programmes; and (m) access to environmental information to enable people preserve, protect and conserve the environment.

256. A person has a duty to co-operate with State organs, State institutions and other persons to— (a) maintain a clean, safe and healthy environment; (b) ensure ecologically sustainable development and use of natural resources; (c) respect, protect and safeguard the environment; and (d) prevent or discontinue an act which is harmful to the environment. Utilisation of natural resources and management of environment

257. The State shall, in the utilisation of natural resources and management of the environment— (a) protect genetic resources and biological diversity; (b) implement mechanisms that minimise waste; (c) promote appropriate environment management systems and tools; (d) encourage public participation; (e) protect and enhance the intellectual property in, and indigenous knowledge of, biodiversity and genetic resources of local communities; (f) ensure that the environmental standards enforced in Zambia are of essential benefit to citizens; and (g) establish and implement mechanisms that address climate change. PART XX GENERAL PROVISIONS Official language and use and status of local languages

258. (1) The official language of Zambia is English. (2) A language, other than English, may be used as a medium of instruction in educational institutions or for legislative, administrative or judicial purposes, as prescribed. (3) The State shall respect, promote and protect the diversity of the languages of the people of Zambia. Constitution of Zambia (Amendment) [No. 2 of 2016 103

259. (1) Where a person is empowered to make a nomination or an appointment to a public office, that person shall ensure— Nominations and appointments (a) that the person being nominated or appointed has the requisite qualification to discharge the functions of the office, as prescribed or specified in public office circulars or establishment registers; (b) that fifty percent of each gender is nominated or appointed from the total available positions, unless it is not practicable to do so; and (c) equitable representation of the youth and persons with disabilities, where these qualify for nomination or appointment. (2) A person empowered to make a nomination or appointment to a public office shall, where possible, ensure that the nomination or appointment reflects the regional diversity of the people of Zambia.

260. A person assuming a public office, member of the House of Chiefs, and presidential appointee, shall take an Oath of Office and such other oath, as prescribed, before carrying out the duties of office.

261. A person holding a public office shall act in accordance with a code of conduct and ethics, as prescribed for that office.

262. A person holding a public office shall not act in a manner, or be in a position, where the personal interest of that person conflicts, or is likely to conflict, with the performance of the functions of office. Oath of office and prescribed oaths Code of conduct and ethics Conflict of interest

263. A person holding a public office shall, before assuming office or leaving office, make a declaration of their assets and liabilities, as prescribed. Declaration of assets

264. (1) A public officer, chief and member of the House of Chiefs, shall be paid such emoluments as recommended by the relevant authority or commission and determined by the Emoluments Commission. Emoluments payable under Constitution (2) The emoluments of a State officer, councillor, Constitutional office holder and a judge shall be determined by the Emoluments Commission, as prescribed. 104 No. 2 of 2016] Constitution of Zambia (Amendment) (3) The emoluments of a person holding a public office, chief and member of the House of Chiefs shall not be altered to the disadvantage of that person during that person’s tenure of office. (4) A person holding a public office shall not, while in office, hold another office which pays emoluments.

265. (1) A public office shall be adequately funded to enable it to effectively perform its functions. (2) The expenses of a State organ, State institution and public office shall be a charge on the Consolidated Fund. (3) The emoluments payable under this Constitution or as prescribed, shall be a charge on the Consolidated Fund. Funding, expenses and emoluments charge on Consolidated Fund Definitions

266. In this Constitution, unless the context otherwise requires— “ adult ” means a person who has attained, or is above, the age of nineteen years; “ Bill ” means a draft of a proposed law to be enacted by Parliament; “ Bill of Rights ” means the human rights and fundamental freedoms set out in Part III, and includes their status, application, interpretation, limitations, derogations, non- derogations and enforcement; “ by-election ” means an election to fill a vacancy in the office of a Member of Parliament or councillor; “ candidate ” means a person contesting a presidential, parliamentary or local government election; “ chief ” means a person bestowed as chief and who derives allegiance from the fact of birth or descent, in accordance with the customs, traditions, usage or consent of the people in a chiefdom; “ child ” means a person who has attained, or is below, the age of eighteen years; “ circuit schedule ” means a table showing dates, districts, time and place where a court is to sit and hear matters in any period of twelve months; Constitution of Zambia (Amendment) [No. 2 of 2016 105 “ citizen ” means a citizen of Zambia; “ civil servant ” means a public officer appointed by the Civil Service Commission; “ civil society ” means a group of persons, who are not part of the Government, who associate for the purpose of advancing or protecting particular interests; “ commission ” means a commission established under Part XVIII of this Constitution; “ constituency ” means an area into which Zambia is divided for purposes of elections to the National Assembly; “ Constitutional Court ” means the Constitutional Court established in this Constitution; “ Constitutional office ” means the office of the Attorney- General, Solicitor-General, Director of Public Prosecutions, Public Protector, Auditor-General, Secretary to the Cabinet, Secretary to the Treasury and Permanent Secretary; “ Constitutional office holder ” means a person holding or acting in a Constitutional office; “ council ” includes a city, municipal or town council; “ council chairperson ” means a person elected chairperson of a town council in accordance with Article 154; “ councillor ” means a member of a council elected in accordance with Article 153; “ court ” means a court of competent jurisdiction established by or under this Constitution; “ Court of Appeal ” means the Court of Appeal established in this Constitution; “ devolution ” means a form of decentralisation where there is a transfer of rights, functions and powers or an office from the central government or State institution to a sub- national authority or the bringing of a service that is provided at central government level to, or opening of a branch of a public office or institution at, a sub- national level, and the word “devolved” shall be construed accordingly; 106 No. 2 of 2016] Constitution of Zambia (Amendment) “ disability ” means a permanent physical, mental, intellectual or sensory impairment that alone, or in combination with social or environmental barriers, hinders the ability of a person to fully or effectively participate in an activity or perform a function as specified in this Constitution or as prescribed; “ discrimination ” means directly or indirectly treating a person differently on the basis of that person’s birth, race, sex, origin, colour, age, disability, religion, conscience, belief, culture, language, tribe, pregnancy, health, or marital, ethnic, social or economic status; “ district ” means an administrative unit of a Province as provided in Article 149; “ election ” means an election to the office of President, National Assembly or a council; “ Electoral Commission ” means the Electoral Commission of Zambia established in this Constitution; “ emoluments ” include salaries, allowances, benefits and rights that form an individual’s remuneration for services rendered, including pension benefits or other benefits on retirement; “ Emoluments Commission ” means the Emoluments Commission established in this Constitution; “ executive authority ” means the power and the right to execute executive functions; “ executive functions ” means the functions of the President set out in this Constitution; “ ex-officio ” means a person who is appointed as a member by virtue of office; “ First Deputy Speaker ” means the person elected as First Deputy Speaker in accordance with Article 82 (4); “ freedom fighter ” means a person who fought for the independence of the former protectorate of Northern Rhodesia to become the Republic of Zambia; Constitution of Zambia (Amendment) [No. 2 of 2016 107 “ function ” includes powers and duties; “ gender ” means female or male and the role individuals play in society as a result of their sex and status; “ general election ” means Presidential, National Assembly and local government elections when held on the same day; “ gross misconduct ” means— (a) behaviour which brings a public office into disrepute, ridicule or contempt; (b) behaviour that is prejudicial or inimical to the economy or the security of the State; (c) an act of corruption; or (d) using or lending the prestige of an office to advance the private interests of that person, members of that person’s family or another person; “ health practitioner ” means a person registered as a health practitioner as prescribed; “ High Court ” means the High Court established in this Constitution; “ individual ” means a natural person; “ judge ” means a person appointed as a judge of a superior court; “ judgment ” includes a decision, an order or decree of a court or an authority, as prescribed; “ judicial authority ” means the power and right to perform judicial functions; “ judicial function ” means the functions of the Judiciary set out in this Constitution; “ judicial officer ” includes a magistrate, local court magistrate, registrar and such officers as prescribed; “ legislative authority ” means the power and right to perform legislative functions; 108 No. 2 of 2016] Constitution of Zambia (Amendment) “ legislative functions ” means the functions of the legislature set out in this Constitution; “ local authority ” means a council and it’s secretariat consisting of persons appointed by the Local Government Service Commission; “ local government ” means governance at the local level; “ local government elections tribunal ” means a tribunal established in accordance with Article 159; “ Local Government Equalisation Fund ” means a fund established in accordance with Article 163; “ mayor ” means a person elected mayor of a city or municipal council in accordance with Article 154; “ Member of Parliament ” means a person who is member of the National Assembly; “ Minister ” means a Cabinet Minister; “ oath ” includes an affirmation; “ older member of society ” means a person who has attained, or is above, the age of sixty years; “ opposition ” means a political party which is not the political party in government; “ ordinarily resident ” means residing in a place for a prescribed period of time; “ Parliament ” means the President and the National Assembly; “ parliamentary committee ” means a committee established in accordance with Article 80; “ pension benefit ” includes a pension, compensation, gratuity or similar allowance in respect of a person’s service; “ person ” means an individual, a company or an association of persons, whether corporate or unincorporate; “ person with disability ” means a person with a permanent physical, mental, intellectual or sensory impairment; Constitution of Zambia (Amendment) [No. 2 of 2016 109 “ political party ” means an association whose objectives include the contesting of elections in order to form government or influence the policy of the national or local government; “ power ” includes privilege, authority and discretion; “ prescribed ” means provided for in an Act of Parliament; “ President-elect ” means the presidential candidate who has been declared by the Returning Officer as having won the presidential election; “ presidential candidate ” means a person nominated to stand for election as President in accordance with Article 52 (1); “ presidential election ” means an election to the office of President, and includes the election of a Vice-President as a running mate to the President; “ property ” includes a vested or contingent right to, or interest in, or arising from— (a) land, permanent fixtures on, or improvements to, land; (b) goods or personal property; (c) intellectual property; or (d) money, choses in action or negotiable instruments; “ provincial administration ” means the administrative secretariat established in accordance with Article 150; “ Provincial Minister ” means a person appointed Provincial Minister by the President; “ public media ” means media owned, operated or controlled by the Government; “ public office ” means an office whose emoluments and expenses are a charge on the Consolidated Fund or other prescribed public fund and includes a State office, Constitutional office and an office in the public service, including that of a member of a commission; 110 No. 2 of 2016] Constitution of Zambia (Amendment) “ public officer ” means a person holding or acting in a public office, but does not include a State officer, councillor, a Constitutional office holder, a judge and a judicial officer; “ public service ” means service in the Civil Service, the Teaching Service, Defence Force and National Security Service, the Zambia Correctional Service, the Zambia Police Service, Emoluments Commission, State Audit Commission, Lands Commission, Electoral Commission, Human Rights Commission, Gender Equity and Equality Commission, the Anti-Corruption Commission, Drug Enforcement Commission, the Anti-Financial and Economic Crimes Commission, the Police and Public Complaints Commission, and service as a constitutional office holder, service in other offices, as prescribed; “ rights and freedoms ” means the human rights and fundamental freedoms provided for in the Bill of Rights; “ Republic ” means the Republic of Zambia; “ returning officer ” means a person who is a returning officer for a parliamentary or local authority election and “Returning Officer” means the Chairperson of the Electoral Commission in a presidential election; “ running mate ” means a person who is selected by a presidential candidate to stand with the presidential candidate in a presidential election so that the person becomes the Vice-President if that presidential candidate is elected as President; “ Second Deputy Speaker ” means the person elected as Second Deputy Speaker in accordance with Article 82 (5); “ Service Commission ” means a commission established under Articles 218, 220, 222, 224, 225, 226, and 228; “ session ” means a period not exceeding twelve months, within the term of the National Assembly, of sittings of the National Assembly, which commence on the first day of sitting after a general election or prorogation of Parliament and ends with a prorogation or dissolution of Parliament; Constitution of Zambia (Amendment) [No. 2 of 2016 111 “ sitting ” means a meeting of the National Assembly, within a session, which concludes with an adjournment, and includes a parliamentary committee meeting; “ Speaker ” means the person elected Speaker of the National Assembly in accordance with Article 82 (1); “ State institution ” includes a ministry or department of the Government, a public office, agency, institution, statutory body, commission or company in which the Government or local authority has a controlling interest, other than a State organ; “ State office ” includes the office of President, Vice- President, Speaker, Deputy Speaker, Member of Parliament, Minister and Provincial Minister; “ State officer ” means a person holding or acting in a State office; “ State organ ” means the Executive, Legislature or Judiciary; “ statutory instrument ” means a proclamation, regulation, rule, by-law, order or other similar legal instrument made under a power conferred by this Constitution or an Act of Parliament; “ subordinate court ” means a court subordinate to the High Court; “ sub-national ” means an administrative division of government at provincial or district level; “ sub-structure ” includes a district, ward and village; “ superior court ” means the Supreme Court, Constitutional Court, Court of Appeal and High Court established in accordance with this Constitution; “ Supreme Court ” means the Supreme Court established in this Constitution; “ tax ” includes rates, levies, charges, tariffs, fees, tolls and duties; “ term ” means a period of five years commencing when the National Assembly first sits, after a general election, and ending when Parliament is dissolved; 112 No. 2 of 2016] Constitution of Zambia (Amendment) “ Treasury ” means the office, in the Ministry responsible for finance, which receives, keeps, receipts, manages and disburses public funds; “ Vice-President-elect ” means the person declared as having been duly elected as a Vice-President after a presidential election; “ ward ” means a unit into which a district is divided for purposes of electing councillors; “ young person ” means a person who has attained the age of fifteen years, but is below the age of nineteen years; and “ youth ” means a person who has attained the age of nineteen years, but is below the age of thirty-five years. Interpretation of Constitution

267. (1) This Constitution shall be interpreted in accordance with the Bill of Rights and in a manner that— (a) promotes its purposes, values and principles; (b) permits the development of the law; and (c) contributes to good governance. (2) If there is a conflict between the English version of this Constitution and a different language version, the English version shall prevail. (3) A provision of this Constitution shall be construed according to the doctrine that the law is continuously in force and accordingly— (a) a function may be performed, as occasion requires, by the person holding the office to which the function is assigned; (b) a reference to a person holding an office includes a reference to the person lawfully performing the functions of that office at a particular time; (c) a reference to an office, State organ, State institution or locality shall be read with any modification necessary to make it applicable in the circumstances; (d) a reference in a provision applying that provision to another provision shall be read with any modification necessary to make it applicable in the circumstances and any reference to the modified provision shall apply as modified; and Constitution of Zambia (Amendment) [No. 2 of 2016 113 (e) a reference to an office, body or organisation, where that office, body or organisation has ceased to exist, is a reference to its successor or to the equivalent office, body or organisation performing the functions. (4) A provision of this Constitution to the effect that a person, an authority or institution is not subject to the direction or control of a person or an authority in the performance of a function, does not preclude a court from exercising jurisdiction in relation to a question as to whether that person, authority or institution has performed the function in accordance with this Constitution or other laws.

268. In this Constitution, unless the context otherwise requires— Grammatical variation (a) a word in the singular includes the plural and a word in the plural includes the singular; and (b) a word or expression defined, shall be read with any grammatical variation or similar expression of that word or expression.

269. For the purposes of this Constitution, in computing time, unless a contrary intention is expressed— Computation of time (a) a period of days from the happening of an event or the doing of an act shall be considered to be exclusive of the day on which the event happens or the act is done; (b) if the last day of the period is a Saturday, Sunday or public holiday (“excluded day”), the period shall include the next day; (c) where an act or a proceeding is directed or allowed to be done or taken on a specified day and that day is an excluded day, the act or proceeding shall be considered as done or taken in due time if it is done or taken the next day; and (d) where an act or a proceeding is directed or allowed to be done or taken within a time not exceeding six days, an excluded day shall not be counted in the computation of the time. 114 No. 2 of 2016] Constitution of Zambia (Amendment) Power to appoint includes power to remove Implied power Legislation to give effect to Constitution

270. In this Constitution, unless a contrary intention is expressed, power to appoint a person to hold or act in an office includes the power to confirm appointments, to exercise disciplinary control over the person holding or acting in the office and to remove that person from office.

271. In this Constitution, a power given to a person or an authority to do or enforce the doing of an act, includes the necessary and ancillary powers to enable that person or authority to do or enforce the doing of the act.

272. Parliament may enact legislation to give effect to an Article or a provision in this Constitution which— (a) confers a function or jurisdiction on a person, office, institution, council or commission; (b) provides for a process or procedure to be taken, followed or prescribed; (c) requires an action, a measure or decision to be taken or provided; (d) requires a remedy or compensation to be given; (e) prohibits an action or measure; (f) deals with a specific subject-matter or general matter that would require to be legislated on in order to give effect to the Constitution; or (g) generally requires something to be prescribed. Power to make statutory instrument, resolution or direction Time for performance of function Exercise of power between publication and commencement of Acts

273. In this Constitution, a power conferred on a person or an authority to make a statutory instrument, a resolution or direction, includes the power to amend or revoke the statutory instrument, resolution or direction.

274. A function conferred in this Constitution may be performed as occasion requires.

275. Where an Article provides for a power exercisable by making a statutory instrument to— (a) make an appointment; or (b) do any other thing for the purposes of the Article; the power may be exercised at any time on or after the date of publication of the statutory instrument in the Gazette. Constitution of Zambia (Amendment) [No. 2 of 2016 115 ANNEX (Article 147 (2)) FUNCTIONS OF NATIONAL, PROVINCIAL AND LOCAL LEVELS OF DEVOLVED GOVERNMENT A. Exclusive national functions · Elections · Foreign and international affairs · Budget · Taxation including customs and excise · Airports, other than district airports · Casinos, racing, gambling and wagering, excluding lotteries and sports pools · Disaster management and public emergency · National parks, national botanical gardens and resources · National forests · passports and National Registration · Prisons · Refugees · Registration of Births and Deaths · Wildlife · Water resources management · Energy and hydro electricity · Petroleum and lubricants · Public roads · Defence, security, maintenance of law and order · Citizenship and immigration · Public enterprises · Regulation of commerce and manufacturing · Road traffic regulation · Land, mines, minerals and natural resources · Census and statistics · Traditional leadership · National archives · National libraries · National museums · Tertiary Education 116 No. 2 of 2016] Constitution of Zambia (Amendment) B. Concurrent national and provincial functions · administration of justice · legal affairs · Administration of forests · Agriculture · Animal control and diseases · Consumer protection · Cultural matters · Customary law · Education at all levels, excluding tertiary education · Environmental management · Health services · Housing · Industrial promotion · Language policy and the regulation of official languages · Nature conservation · Parliamentary Business · legislative procedures and processess · Pollution control · Population development · Property transfer tax · Public procurement · Public transport · Public works only in respect of the needs of provincial administration · Provincial spatial planning and development · Soil conservation · Tourism, trade and commerce · Urban and rural development · Welfare services · Industrial and labour relations · Resettlement · Investment · Telecommunication Constitution of Zambia (Amendment) [No. 2 of 2016 117 C. Local Authorities exclusive functions · Pollution control · Building regulations · Child-care facilities · Electricity · Fire fighting services · Local tourism · District airports, Aerodromes and Airships · District planning · District health services · District public transport · District public works only in respect of the needs of Districts in the discharge of councils responsibilities to administer functions specifically assigned to them under this Constitution or other law · Levies, tariffs and tolls · Pontoons, ferries, jetties, piers and harbours, excluding the regulation of international and national shipping and matters related thereto · Storm water management systems in built-up areas · Trading · Water and sanitation services limited to potable water supply systems and domestic waste-water and sewage disposal systems · Veterinary services, excluding regulation of the veterinary profession · Vehicle licensing · Abattoirs · Ambulance services · Archives · Libraries · Liquor licencing · Museums 118 No. 2 of 2016] Constitution of Zambia (Amendment) · Local spatial planning · Cultural matters · Recreation and amenities · Sport · Roads and traffic automation and maintenance · Amusement facilities · Billboards and the display of advertisements in public places · Cemeteries, funeral parlours and crematoria · Local cleansing · Control of public nuisances · Control of undertakings that sell liquor to the public · Facilities for the accommodation, care and burial of animals · Fencing and fences · Licensing of dogs · Licensing and control of undertakings that sell food to the public · Local amenities · Local sport facilities · Markets · Local parks and recreation · Local roads · Noise pollution · Pounds · Public places · Refuse removal, refuse dumps and solid waste disposal · Street trading · Street lighting · Traffic and parking · Gardens and landscaping