I would like the readers to note that zambia did not draft and enact a new constitution at attainment of independence, but, the northern rhodesia constitution was amended to meet the aspirations of the people of the new republic of zambia. Constitutional development in zambia can be traced back to the british colonial times, especially from the beginning of the 1950s. Supreme court for a retrial if new and compelling evidence. Laws of zambia part iii national values, principles and. The constitution is amended by the repeal of the preamble. The constitution of zambia act, 1996 by the zambian for. Check out the new look and enjoy easier access to your favorite features. This is just an act of parliament that has made amendments changes to the 1991 constitution. Jan 01, 2011 a number of commentators have criticised this part of the preamble of the draft constitution and pushed for two alternative options. Sittings of national assembly part vi interpretation 94.
Constitution of zambia act 2016 national assembly of zambia. This is why it is called the constitution of zambia amendment act of 2016. The constitution of zambia national assembly of zambia. Zambia has been engaged in several efforts to try and develop a new constitution in the context of both demands for a more democratic constitution and the need to rebuild.
Enacted by the king and the parliament of swaziland. The constitution of zambia amendment bill, 2016 memorandum the object of this bill is to amend the constitution of zambia so as to a revise the bill of rights to include civil, political. From a justice system to a just system by muna ndulo professor of law, cornell law school and director of. Stanford libraries official online search tool for books, media, journals, databases, government documents and more. Let me say early on that i reject these alternatives as intellectually flawed. Amendment of constitution of zambia act, 1991 and schedule thereto except as provided under this act, the constitution of zambia act, 1991, and the consitution in the schedule thereto, are amended in so far as they form part of the laws of zambia.
The constitution appears also inits context as schedule 2 to the zambia. Following the dissolution of the federation in 1963, a new constitution based on the westminster model and designed to resolve the conflicting interests of the indigenous africans, the settler white community and the colonial government was negotiated by the major stakeholders. This is the fifth and final part of the history of the zambian constitution. History of zambian constitutionpart v zambia daily nation. Whereas as a nation it has always been our desire to achieve full freedom and independence. Constitution of zambia amendment 2016act no 2 as you can see from the title and provisions, this is not a new constitution. Here is the amended constitution signed by edgar lungu on january 5, 2016.
The constitution of zambia was formally adopted in 1991 and amended in 2009 and last amended in 2016 references. These topic pages provide a quick overview and easy access to all content that can be found on ace for any give topic of interest weather encyclopaedia files, electoral materials, comparative data, consolidated replies, case studies, or other. And civil rights activist brebner changala has praised president edger lungu. Zambian leader edgar lungu signed into law constitutional changes setting new rules for general elections on aug. On may 27, 2016, justice marvin mwanamwambwa, the deputy chief justice of zambia and acting chief justice signed statutory instrument no. A brief on the constitutional court of zambia 2 a brief on the constitutional court of zambia the constitutional court is a new court which was established under article 127 of the constitution of zambia amendment act, no. Its unlikely zambia will have new constitution before. A number of commentators have criticised this part of the preamble of the draft constitution and pushed for two alternative options.
This act may be cited as the constitution of zambia amendment act, 2016, and shall be read as one with the constitution of zambia, in this act referred to as the constitution. By virtue of being supreme, the constitution sits at the top of the hierarchy of zambias material laws. Zambian constitution info page download the zambia constitution oct 2014, 2nd draft pdf file, 1. Amendment of constitution of zambia act, 1991, and. Its unlikely zambia will have new constitution before 2016. Situation report january 2014 zambias constitutionmaking process addressing the impasse and future challenges zambias constitutionmaking exercise initiated in 2011 is at a critical crossroads because of ambiguities over the modes of validating the draft document, and eventually adopting and enacting the final constitution. Constitution of zambia, in this act referred to as the constitution. Jan 29, 2016 the 1991 constitution, as amended by act 18 of 1996, therefore remained in place leaving a general sense of dissatisfaction not only on the part of government but also on the part of civil society, the general public and the opposition political parties, who increasingly called for a fully people driven process as the only route to a legitimate. I have over the years been following the history of the zambian constitution and i consider the 2916 constitution to be very progressive. A government white paper in late1995 proposed that article 79 of the constitution of zambia act, 1991, which stated that, subject to the provisions of this article, parliament may alter this.
The ceremony passed the provisions whose amendment does not require referendum, leaving the bill of rights and the amendment clause to undergo the mandatory referendum expected to bring to an end the 40year struggle to enact a people driven constitution that enjoys both legitimacy. The constitution making process debate has been among the highly controversial and unending subjects on the zambian political front with no clarity on the roadmap so far. The government has now published the draft constitution of zambia after persistent demands by civil society and other members of public. He assented to the new constitution on 5 january, 2016. The constitution may be printed and published by the government printer separately from this act, and the production of a copy of the constitution as amended purporting to be so printed shall be prima facie in all courts and for all purposes whatsoever of the constitution and its provisions. On this page you can read or download the zambian constitution 2016 pdf in pdf format. I would therefore like to refresh the minds of the readers of what has been written in the previous four parts. Voters were asked whether they approve of proposed amendments to the bill of rights and article 79, which dictates the process of future amendments although 71% of voters voted in favour of the amendments, turnout was only 44%, below the 50%. Determined to uphold and exercise our inherent and inviolable right as a people to decide, appoint and. The new constitution concentrated all executive and.
Its constitution building history can be divided into post independence and post cold war periods. Votes of twothirds of the assembly chapter vi the judicature part i the high court 95. An act to provide for the constitution of the kingdom of swaziland, 2005. History of zambian constitution zambia daily nation. This act may be cited as the constitution of zambia. Tanzania united republic ofs constitution of 1977 with.
Please note that the constitution is not necessarily a new constitution but is an amendment of the 1991 constitution. The university of zambia law association, co school of law, the university of zambia, great east road campus, p. Whereas we the people of the kingdom of swaziland do hereby undertake in humble submission to almighty god to start afresh under a new framework of constitutional dispensation. This act may be cited as the constitution of zambia amendment act, 2015, and shall be read as one with the constitution of zambia, in thisact referred to as the constitution. What is clear is that we are not going to have a new constitution before 2016 because the time has run out. This is an unimpressive record in so far as it is generally accepted that a constitution defines and limits the exercise of governmental power, and regulates major political activities in a country. Download zambias new constitution as amended elias. The object of this bill is to amend the constitution of zambia so. Jan 05, 2016 zambian leader edgar lungu signed into law constitutional changes setting new rules for general elections on aug. Employment security in zambia job contract, probation. The constitution of zambia act, 1996 by the zambian for zambia. Approaches to developing a new constitution for zambia muna ndulo cornell university and chaloka beyani london school of economics and political science i.
Jan 08, 2016 please note that the constitution is not necessarily a new constitution but is an amendment of the 1991 constitution. President lungu during the assenting to the amended constitution ceremony at heroes stadium on january 5, 2015. Constitution of zambia, 1991 an act to provide for a new constitution of the republic of zambia and to repeal the constitution of zambia act, 1973, and the constitution scheduled thereto, and to provide for matters connected with or incidental to the foregoing. Article 31 declaration relating to threatened emergency. Zambia s constitution of 1991 with amendments through 2016. Law association of zambia annual meeeting livingstone, zambia april 27, 2012 judicial reform, constitutionalism, and the rule of law in zambia. Know more about employment security at workplace in zambia. United party for national development zambia upnd, 2001 political parties 64 pages. This will represent an average of a new constitution every eight years. President edgar lungu reads the constitution of zambia while chairing a special cabinet meeting at state house in lusaka.
Mar 09, 2015 he said that a new overhaul of the constitution needed a referendum that would be to costly if it werent held alongside elections to cut the costs. This bill includes provision for the new procedure for appointing the chief justice, the deputy chief justice and the judge president of the high court, as foreshadowed in the evidence before mr justice hungwe. If you dont see any interesting for you, use our search form on bottom v. On 5 january 2016 president edgar lungu signed zambias new constitution with much fanfare and pomp. You are at home 2016 november 1 resources reference materials acts of parliament 2016 constitution of zambia amendmen act no.
Commentary on the rules of zambias constitutional court. Constitution of zambia preamble as amended by act no. Government printer, south africa, 1973 constitutional law 33 pages. Constituion of the republic of zambia 1964 world statesmen. Thornton said that the only way that is looking certain for zambia to have a new constitution will be to adopt it via parliament as going the referendum route was looking. Constitution is the supreme law of zambia and that if any other law is inconsistent with it, that other law shall, to the extent of the inconsistency, be void. Voters were asked whether they approve of proposed amendments to the bill of rights and article 79, which dictates the process of future amendments. Subject to this act, the constitution shall come into operation on the date of assent by the president. Constitution of zambia amendment national assembly of zambia.
On 9th december 2016 the permanent secretary for justice, legal and parliamentary affairs revealed in an affidavit produced during high court proceedings before mr justice hungwe that vicepresident mnangagwa, in his capacity as minister of justice, legal and parliamentary affairs, had very recently sought cabinet approval of his proposal to amend section 180 of the constitution to change the. The constitution of a country is a set of rules that define the nature and extent of the countrys government. A constitutional referendum was held in zambia on 11 august 2016 alongside general elections, a move designed to reduce the cost of the referendum. An act to provide for the commencement of the new constitution of the republic of. Its unlikely zambia will have new constitution before 2016 british envoy. Get all the information about job security, written work contract, probation period, temporary contract law, unfair dismissal from work in. Zambias constitution of 1991 with amendments through 2016.
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