Constitution Of Zambia (Amendment), 2016-Act No. 2
Constitution of Zambia (Amendment)[No. 2 of 20169GOVERNMENT OF ZAMBIAACTNo. 2 of 2016Date of Assent: 5th January, 2016An Act to amend the Constitution of Zambia.[ 5th January, 2016ENACTED by the Parliament of Zambia.Enactment1. This Act may be cited as the Constitution of Zambia(Amendment) Act, 2015, and shall be read as one with theConstitution of Zambia, in this Act referred to as the Constitution.Short titleCap. 12. The Constitution is amended by the repeal of the Preambleand the substitution therefor of the following:PREAMBLEWE, THE PEOPLE OF ZAMBIA:ACKNOWLEDGE the supremacy of God Almighty;DECLARE the Republic a Christian Nation while upholding aperson’s right to freedom of conscience, belief or religion;UPHOLD the human rights and fundamental freedoms of everyperson;COMMIT ourselves to upholding the principles of democracy andgood governance;RESOLVE to ensure that our values relating to family, morality,patriotism and justice are maintained and all functions of the Stateare performed in our common interest;CONFIRM the equal worth of women and men and their right tofreely participate in, determine and build a sustainable political, legal,economic and social order;Single copies of this Act may be obtained from the Government PrinterP.O. Box 30136, 10101 Lusaka. Price K220.00Repeal andreplacementof Preamble
10No. 2 of 2016]Constitution of Zambia (Amendment)RECOGNISE AND UPHOLD the multi-ethnic, multi-racial, multi-religiousand multi-cultural character of our Nation and our right to manageour affairs and resources sustainably in a devolved system ofgovernance;RESOLVE that Zambia shall remain a unitary, multi-party anddemocratic sovereign State;RECOGNISE AND HONOUR the freedom fighters who fought for theindependence of our Nation in order to achieve liberty, justiceand unity for the people of Zambia;AND DIRECT that all State organs and State institutions abide byand respect our sovereign will;DO HEREBY SOLEMNLY ADOPT AND GIVE TO OURSELVES THISCONSTITUTION:Repeal andreplacementof Parts Iand IISupremacyofConstitution3. The Constitution is amended by the repeal of Parts I and IIand the substitution therefor of the following Parts:PART ISUPREMACY OF CONSTITUTION1. (1) This Constitution is the supreme law of the Republic ofZambia and any other written law, customary law and customarypractice that is inconsistent with its provisions is void to the extentof the inconsistency.(2)illegal.An act or omission that contravenes this Constitution is(3) This Constitution shall bind all persons in Zambia, Stateorgans and State institutions.(4) The validity or legality of this Constitution is not subject tochallenge by or before a State organ or other forum.(5) A matter relating to this Constitution shall be heard by theConstitutional Court.Defence ofConstitutionContinuouseffect ofConstitution2.Every person has the right and duty to—(a) defend this Constitution; and(b) resist or prevent a person from overthrowing, suspendingor illegally abrogating this Constitution.3. The operation of this Constitution shall not be affected byan unlawful act to overthrow, suspend or illegally abrogate itsprovisions.
Constitution of Zambia (Amendment)[No. 2 of 20164. (1) Zambia is a sovereign Republic under a constitutionalform of governance.11Republic ofZambia(2) The Republic consists of the territory defined in an Act ofParliament.(3) The Republic is a unitary, indivisible, multi-ethnic, multi-racial,multi-religious, multi-cultural and multi-party democratic State.(4) The Republic shall not be ceded in whole or in part.(5) The Republic may enter into a union or other form of interstate organisation, which action shall not be construed as cedingthe Republic.5. (1) Sovereign authority vests in the people of Zambia, whichmay be exercised directly or through elected or appointedrepresentatives or institutions.Sovereignauthority(2) Power that is not conferred by or under this Constitution onany State organ, State institution, State officer, Constitutional officeholder or other institution or person is reserved for the people.(3) The people of Zambia shall exercise their reserved powerthrough a referendum, as prescribed.6. (1) The national symbols of the Republic are the—(a) National Flag;Nationalsymbols(b) National Anthem;(c) Coat of Arms;(d) Public Seal; and(e) National Motto.(2) The form, words, description and use of the national symbolsshall be as prescribed.7.The Laws of Zambia consist of—(a) this Constitution;(b) laws enacted by Parliament;(c) statutory instruments;(d) Zambian customary law which is consistent with thisConstitution; and(e) the laws and statutes which apply or extend to Zambia,as prescribed.Laws ofZambia
12No. 2 of 2016]Constitution of Zambia (Amendment)PART IINATIONAL VALUES, PRINCIPLES AND ECONOMIC POLICIESNationalvalues andprinciples8.The national values and principles are—(a) morality and ethics;(b) patriotism and national unity;(c) democracy and constitutionalism;(d) human dignity, equity, social justice, equality and nondiscrimination;(e) good governance and integrity; and(f) sustainable development.Applicationof nationalvalues andprinciples9. (1) The national values and principles shall apply to the —(a) interpretation of this Constitution;(b) enactment and interpretation of the law; and(c) development and implementation of State policy.(2) The President shall, once in every year, report to the NationalAssembly the progress made in the application of the values andprinciples specified under this Part.Basis ofeconomicpolicies10. (1) The Government shall create an economic environmentwhich encourages individual initiative and self-reliance among thepeople, so as to promote investment, employment and wealth.(2) The Government shall promote the economic empowermentof citizens so that they contribute to sustainable economic growthand social development.(3) The Government shall promote local and foreign investmentand protect and guarantee such investment through agreementswith investors and other countries.(4) The Government shall not compulsorily acquire an investment,except under customary international law and subject to Article 16(1).(5) Where the investment compulsorily acquired under clause(4) was made from the proceeds of crime no compensation shallbe paid by the Government.Repeal andreplacementof Part IV4. The Constitution is amended by the repeal of Part IV andthe substitution therefor of the following Part:
Constitution of Zambia (Amendment)[No. 2 of 201613PART IVCITIZENSHIP33. A person who was a citizen of Zambia, immediately beforethe commencement of this Constitution, shall continue to be a citizenof Zambia and shall retain the same citizenship category from thedate the citizenship was acquired.34. Citizenship may be acquired by birth, descent, registrationor adoption in accordance with this Part.35. (1) A person born in Zambia is a citizen by birth if, at thedate of that person’s birth, at least one parent of that person is orwas a citizen.ExistingcitizenshipCategoriesof citizenshipCitizenshipby birth(2) A child found in Zambia who is, or appears to be, of notmore than eight years of age and whose nationality and parentsare not known, shall be presumed to be a citizen by birth.(3)For the purposes of this Part, a person born aboard—(a) a registered ship or aircraft of a country, shall be deemedto have been born in the country of registration of theship or aircraft; or(b) an unregistered ship or aircraft of a country, shall bedeemed to have been born in that country.36. A person born outside Zambia is a citizen by descent if, atthe date of that person’s birth, at least one parent of that person isor was a citizen by birth or descent.Citizenshipby descent37. (1) Subject to clause (2), a person is entitled to apply tothe Citizenship Board of Zambia to be registered as a citizen if thatperson has attained the age of eighteen years and—Citizenshipbyregistration(a) was born in Zambia and has been ordinarily resident inZambia for a period of at least five years;(b) was born outside Zambia, has or had an ancestor who is,or was, a citizen and has been ordinarily resident inZambia for a period of at least five years; or(c) has been ordinarily resident in Zambia for a continuousperiod of at least ten years;immediately preceding that person’s application for registration, asprescribed.
14No. 2 of 2016]Constitution of Zambia (Amendment)(2) Notwithstanding clause (1), a person who is, or was marriedto a citizen, for a period of at least five years, is entitled to apply tothe Citizenship Board of Zambia, to be registered as a citizen, asprescribed.Citizenshipby adoption38. A child who is not a citizen and who is adopted by a citizenshall be a citizen on the date of the adoption.Dualcitizenship39. (1) A citizen shall not lose citizenship by acquiring thecitizenship of another country.(2) A citizen who ceased to be a citizen, before thecommencement of this Constitution as a result of acquiring thecitizenship of another country, shall be entitled to apply, asprescribed, to the Citizenship Board of Zambia, for citizenship andthe Citizenship Board of Zambia shall bestow citizenship on 40.(1) A citizen—(a) may renounce citizenship as prescribed; or(b) shall be deprived of citizenship if that citizenship wasacquired by means of fraud, false representation orconcealment of a material fact.(2) The process and procedures to be followed by theCitizenship Board of Zambia when granting or depriving a personof citizenship shall be prescribed.CitizenshipBoard ofZambiaEntitlementsof citizen41.(1) There is established the Citizenship Board of Zambia.(2) The composition, appointment and tenure of office ofmembers of, and procedures to be followed by, the CitizenshipBoard of Zambia shall be prescribed.42.A citizen is entitled to—(a) the rights, privileges and benefits of citizenship as providedin this Constitution or as prescribed; and(b) a document of identification issued by the State to citizens.Responsibilitiesof citizen43.(1) A citizen shall —(a) be patriotic to Zambia and promote its development andgood image;(b) pay taxes and duties lawfully due and owing to the State;(c) protect and conserve the environment and utilise naturalresources in a sustainable manner;
Constitution of Zambia (Amendment)[No. 2 of 201615(d) maintain a clean and healthy environment;(e) provide national, defence and military service when calledupon by the State; and(f) co-operate with law enforcement agencies for themaintenance and enforcement of law and order.(2)A citizen shall endeavour to—(a) acquire basic understanding of this Constitution andpromote its ideals and objectives;(b) register and vote, if eligible, in national and local governmentelections and referenda;(c) develop one’s abilities to the greatest possible extentthrough acquisition of knowledge, continuous learningand the development of skills;(d) foster national unity and live in harmony with others; and(e) understand and enhance Zambia’s place in the internationalcommunity.44. A reference in this Part to the citizenship of the parent ofa person at the time of the birth of that person shall, in relation to aperson born after the death of that person’s parent, be construedas a reference to the citizenship of the parent at the time of theparent’s death.Reference tocitizenshipof parentPART VREPRESENTATION OF THE PEOPLEElectoral Systems and Process45. (1) The electoral systems provided for in Article 47 forthe election of President, Member of Parliament or councillor shallensure—(a) that citizens are free to exercise their political rights;(b) universal adult suffrage based on the equality of a vote;(c) fair representation of the various interest groups in society;and(d) gender equity in the National Assembly or council.(2) The electoral process and system of administering electionsshall ensure—Principles ofelectoralsystems andprocess
16No. 2 of 2016]Constitution of Zambia (Amendment)(a) that elections are free and fair;(b) that elections are free from violence, intimidation andcorruption;(c) independence, accountability, efficiency and transparencyof the electoral process;(d) a simple and practical system of voting and tabulatingvotes; and(e) timely resolution of electoral disputes.Franchise46. A citizen who has attained the age of eighteen years is entitledto be registered as a voter and vote in an election by secret ballot.Electoralsystems47. (1) Elections to the office of President shall be conducteddirectly, under a majoritarian electoral system, where the winningcandidate must receive more than fifty percent of the valid votescast, and in accordance with Article 101.(2) Elections to the National Assembly shall be conducted undera first-past-the-post electoral system in accordance with Article68.(3) Elections to councils shall be conducted under a first-pastthe-post electoral system, and in accordance with Articles 153 and154.(4) A constituency and a ward shall return only one memberto the National Assembly and council, respectively.ElectoralprocessSystem foradministeringelections48. The electoral process for electing a President, Memberof Parliament or councillor shall be prescribed.49.The system of administering elections shall be prescribed.Access tomedia50. A political party and a candidate contesting an electionshall have access to the media, especially during election campaigns.Independentcandidates51. A person is eligible for election as an independentcandidate for a National Assembly seat if the person—(a) is not a member of a political party and has not been amember of a political party for at least two monthsimmediately before the date of the election; and
Constitution of Zambia (Amendment)[No. 2 of 201617(b) meets the qualifications specified in Article 70 for electionas a Member of Parliament.52. (1) Acandidate shall file that candidate’s nomination paperNominationsto a returning officer, supported by an affidavit stating that thecandidate is qualified for nomination as President, Member ofParliament or councillor, in the manner, on the day, and at the timeand place set by the Electoral Commission by regulation.(2)A returning officer shall, immediately on the filing of anomination paper, in accordance with clause (1), duly reject thenomination paper if the candidate does not meet the qualificationsor procedural requirements specified for election to that office.(3)The information contained in a nomination paper andaffidavit shall be published by the Electoral Commission, asprescribed.(4)A person may challenge, before a court or tribunal, asprescribed, the nomination of a candidate within seven days of theclose of nomination and the court shall hear the case within twentyone days of its lodgement.(5)The processes specified in clauses (1) to (4) shall becompleted at least thirty days before a general election.(6)Where a candidate dies, resigns or becomes disqualified inaccordance with Article 70, 100 or 153 or a court disqualifies acandidate for corruption or malpractice, after the close ofnominations and before the election date, the Electoral Commissionshall cancel the election and require the filing of fresh nominationsby eligible candidates and elections shall be held within thirty daysof the filing of the fresh nominations.53.(1) Where only one candidate is nominated for electionas President, Member of Parliament or councillor, by the date andtime set by the Electoral Commission for receiving nominationsand at the close of the nomination period, that candidate shall bedeclared duly elected.Unopposedcandidates
18No. 2 of 2016]Constitution of Zambia (Amendment)(2) A person may, within seven days of a declaration made inaccordance with clause (1), challenge the declaration, asprescribed.(3) The processes specified in clauses (1) and (2) shall becompleted at least thirty days before a general election.Electoralcode ofconduct54. A candidate and a political party shall comply with aprescribed electoral code of conduct.Losingcandidatenot eligiblefor certainappointments55. A candidate who loses an election as a President, VicePresident, Member of Parliament or councillor is not eligible, duringthe term of that National Assembly or council, for appointmentas—(a) Minister; or(b) Provincial Minister.Election datefor generalelections56. (1) A general election shall be held, every five years afterthe last general election, on the second Thursday of August.By-elections57. (1) Where a vacancy occurs in the office of Member ofParliament, mayor, council chairperson or councillor, a by-electionshall be held within ninety days of the occurrence of the vacancy.(2) The day on which a general election is held shall be a publicholiday.(2) A by-election shall not be held within the one hundred-andeighty day period that precedes a general election.(3) The Electoral Commission shall, by regulation, set the placewhere, and the date and time when, a by-election is to be held.Constituencies, Wards and DelimitationConstituencies,wards anddelimitation58. (1) Zambia shall be divided into constituencies and wardsfor purposes of elections to the National Assembly and councils,respectively.(2) The number of constituencies shall be equal to the numberof seats of elected members in the National Assembly.(3)The number of wards in a district shall be prescribed.(4) The Electoral Commission shall determine the names andboundaries of constituencies and wards.
Constitution of Zambia (Amendment)[No. 2 of 201619(5) The Electoral Commission shall, at intervals of not morethan ten years, review the names and boundaries of constituenciesand wards.(6) The names and details of the boundaries of constituenciesand wards shall be published in the Gazette and shall come intoeffect on the next dissolution of Parliament or councils.(7) A person may apply to the Constitutional Court for reviewof a decision of the Electoral Commission made under this Article.59. The Electoral Commission shall, in delimiting the boundariesof constituencies and wards—(a) take into account the history, diversity and cohesivenessof the constituency or ward;(b) have regard to population density, trends and projections;Matters totake intoaccountwhendelimitingconstituenciesand wards(c) ensure that the number of inhabitants in each constituencyor ward is reasonable, taking into account the means ofcommunication and geographical features;(d) ensure that constituencies and wards are wholly withindistricts; and(e) seek to achieve an approximate equality of constituencyand ward population, subject to the need to ensureadequate representation for urban and sparsely populatedareas.Political Parties60.(1) A political party has the right to—(a) disseminate information on social and economicprogrammes of a national character and of its politicalideology;(b) sponsor candidates for election or nomination to a Stateoffice in respect of which elections are required to beheld; and(c) conduct primary elections for the selection of candidates.(2) A political party shall—(a) promote the values and principles specified in thisConstitution;(b) have a national character;(c) promote and uphold national unity;Politicalparties
20No. 2 of 2016]Constitution of Zambia (Amendment)(d) promote and practice democracy through regular, freeand fair elections within the party;(e) respect the right of its members to participate in the affairsof the political party;(f) respect the right of its members to seek redress from acourt or tribunal when aggrieved by a decision of thepolitical party; and(g) subscribe to and observe the code of conduct for politicalparties, as prescribed.(3)A political party shall not—(a) be founded on a religious, linguistic, racial, ethnic, tribal,gender, sectoral or provincial basis or engage inpropaganda based on any of these factors;(b) engage in or encourage violence or intimidate its members,supporters, opponents or other persons;(c) engage in corrupt practices; and(d)
Constitution of Zambia (Amendment) [No. 2 of 2016 9 An Act to amend the Constitution of Zambia. [ 5th January, 2016 ENACTED by the Parliament of Zambia. 1. This Act may be cited as the Constitution of Zambia
The Constitution of Zambia (Amendment) Act No.2 of 2016 provides that the laws of Zambia consist of: a) The Constitution b) Laws enacted by Parliament c) Statutory Instruments d) Zambian customary law which is consistent with the Constitution e) The laws and statutes which apply or extend to Zambia as prescribed.1
constitution that other law shall, to the extent of the inconsistency, be void. (4) This Constitution shall bind all persons in the Republic of Zambia and all Legislative, Executive and Judicial organs of the State at all levels. (5) The official language of Zambia shall be English.
Republic of Zambia; (b) printing and publication of the Constitution; (c) savings and transitional provisions of existing State organs, administrations, offices, institutions and laws; (d) succession to property and assets, rights, liabilities, obligations and legal proceedings; (e) repeal of the Constitution of Zambia Act, 1991
Companies Amendment Act 37 of 1999 Revenue Laws Amendment Act 53 of 1999 Companies Amendment Act 35 of 2001 Corporate Laws Amendment Act 39 of 2002 Judicial Matters Amendment Act 55 of 2002 Insolvency Second Amendment Act 69 of 2002 Judicial Matters Amendment Act 16 of 2003 Prevention and Combating
Constitution to be considered duly elected Under Constitution b. Swearing in of Newly Elected President on April 12, 1985 and coming into Forces of Constitution c. Convening of Newly elected Legislature d. Position of Persons Appointed Prior to Coming into Forces of Constitution 95. a. Abrogation of Constitution of July 26, 1847 b.
the banking industry in Zambia. The 2016 Zambia Banking Industry Survey: Adapt to Thrive is the culmination of several months' interaction with leaders in the banking sector as well as research into the issues that have come to the fore in recent times. The banking sector has an important role to play in Zambia's economy.
Dec 12, 2018 · ICAO State Letters SL Adoption of Amendment 77 to Annex 3 March 31 2016 SL Adoption of Amendment 39 to Annex 15 April 1 2016 SL Adoption of Amendment 13 to Annex 14 Volume I April 5 2016 SL Adoption of Amendment 105 to Annex 8 April 6 2016 SL Adoption of Amendment 34 to Annex 6 Part II April 8 2016
7 Annual Book of ASTM Standards, Vol 14.02. 8 Discontinued 1996; see 1995 Annual Book of ASTM Standards, Vol 03.05. 9 Annual Book of ASTM Standards, Vol 03.03. 10 Available from American National Standards Institute, 11 West 42nd St., 13th Floor, New York, NY 10036. 11 Available from General Service Administration, Washington, DC 20405. 12 Available from Standardization Documents Order Desk .
