By the zambian editor on january 5, 2016 president edgar lungu has unveiled the longawaited peopledriven republican constitution as he promised. Executive power is exercised by the government, while legislative power is vested in both the government and parliament. A person born in or outside zambia after the commencement of this constitution shall become a citizen of zambia at the date of his birth if on that date at least one of his parents is a citizen of zambia. Comments on the 2016 constitution stated that the 2016 constitution needed a complete overhaul to be done by experts. Zambian leader edgar lungu signed into law constitutional changes setting new rules for general elections on aug. The proposed amendments make the approval of public debt a function of. Oct 24, 2014 the government has now published the draft constitution of zambia after persistent demands by civil society and other members of public.
Zambian constitution info page download the zambia constitution oct 2014, 2nd draft pdf file, 1. Ndulo calls for complete overhaul of constitution the. On 5 january 2016 president edgar lungu signed zambia s new constitution with much fanfare and pomp. Zambian constitution info page zambia, africa at zambian.
Jan 16, 2014 president sata had promised to deliver a constitution with 90 days of assuming power on september 22, 2011 but now in his three years of governance the promise like many others has gone unfulfilled. A draft constitution for zambia released last month by a governmentappointed technical committee has drawn criticism from an eminent lawyer because of insufficient debate and the absence of. Join today to chat and meet zambians across the world in our online community and stay connected with everything related to zambia. Although article 266 of the zambian constitution defines a child as a a person who has attained, or is below, the. The zambian the only bookmark youll ever need on zambia. He assented to the new constitution on 5 january, 2016. Zambia has a constitution conflict between the concourt and. The constitution establishes the mandate of a government by defining the. Article 50 of the constitution states that a political party and a candidate contesting an election shall have access to the media, especially during election.
If you dont see any interesting for you, use our search form on bottom v. Muna ndulo the executive the presidency is by definition a dominant feature of a presidential system of government. The first and final drafts constitution of the republic of zambia. 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. The constitution of zambia was formally adopted in 1991 and amended in 2009 and last amended in 2016 references. Section 2e of the english law extent of application act stipulates that the supreme court practice rules of england in force until 1999 shall be in force in the republic, provided they are subject to the constitution and legislation of zambia.
This is why it is called the constitution of zambia amendment act of 2016. Prior to the 2016 constitutional amendment the zambian vicepresident was appointed by the president, but the current 2016 amendment puts the vicepresident on the same electoral ticket as the president running mate article 110 sec 2, 3 and 4 and in the event of a vacancy of an elected president the vice president is the immediate successor. President sata had promised to deliver a constitution with 90 days of assuming power on september 22, 2011 but now in his three years of governance the promise like many others has gone unfulfilled. Zambian draft constitution by the zambian editor on january 5, 2016 president edgar lungu has unveiled the longawaited peopledriven republican constitution as he promised. It is a promise he made to the zambian people on january 24, 2015, when he was sworn in as zambias sixth head of state and he returned to the same venue, heroes stadium in lusaka, to give the. Proposed 19 constitution amendment zambian democracy. The constitution establishes the mandate of a government by defining the basic principles to which a society must conform.
Normes consulted on 20091221 legislation online laws of zambia, blackhall publishing pdf of act as amended to act no. I have over the years been following the history of the zambian constitution and i consider the 2916 constitution to be very progressive. Zambias draft constitution fails scrutiny the mail. Jan 08, 2016 constitution of zambia amendment act, no. Our conclusion is that once again zambia has failed to adopt a constitution that responds to the aspirations of the zambia people.
The government released the long due draft constitution. If enacted the bill will give the president a free hand in appointing senior judges, namely the chief justice, the deputy chief justice and the judge president of the high court. First impression is that there are certainly some interesting additions, but overall this looks to be a popular but not well thought through draft. The committee would have a further two months to incorporate the views of the public into a draft constitution. Voters were asked whether they approve of proposed amendments to the bill of rights and article 79, which dictates the process of future amendments. The first draft, launched by an official technical committee, contains progressive provisions on gender equality and the promotion of womens rights. The product of the tcdzc was the 2016 amended constitution, which was assented to on 5 january 2016, kabanda said. On this page you can read or download zambian constitution 2016 pdf download in pdf format.
And prof ndulo says the 2016 constitution is an embarrassing document not befitting country like zambia. The national constitution supreme law of the land is the set of fundamental rules written or unwritten that control how a government can exercise public power and authority. Persons entitled to apply to be registered as citizens 1 any person who a has attained the age of twentyone years. Government urges zambians living in diaspora to apply for dual citizenship, supra. Zambia has a constitution conflict between the concourt. President lungu was sworn in on 25 january 2015 to serve the rest of president satas term until the next presidential, parliamentary and local government elections in 2016. It aims to please everyone rather than offer an intellectually sound position. Article 63 2 of the constitution is amended by the deletion of paragraphs d and e. The constitution of zambia act, 1991 and the constitution in the schedule to that act, are repealed in so far as they form part of the laws of zambia. Mar 06, 2018 and prof ndulo says the 2016 constitution is an embarrassing document not befitting country like zambia. Phase 1 is the enactment of nonentrenched provisions whereas phase 2 deals with the entrenched provisions. What is clear is that we are not going to have a new constitution before 2016 because the time has run out. Jan 29, 2016 she was a member of the technical committee set up to draft the 2016 constitution and has written extensively on womens rights under zambian law.
Justice annel silungwe to draft the zambian constitution. Except as otherwise provided in this constitution, a question proposed for. Constitution amendment act 2016 national assembly of zambia. On january 6, 2016, zambias ministry of home affairs urged zambians living in other countries and foreigners residing in zambia to apply for dual citizenship. Zambian draft constitution for android apk download. Comments on the 2016 constitution stated that the 2016 constitution needed a complete overhaul to be done by. The ncc made amendments to most articles in the mungomba draft before adoption and recommended a two track enactment process under. In the last decade, two early presidential elections 2008 and 2015 were instigated by the incumbents death. Constitution in zambia is like a soccer team that every new coach must come change. A constitutional referendum was held in zambia on 11 august 2016 alongside general elections, a move designed to reduce the cost of the referendum.
The politics of zambia takes place in a framework of a presidential representative democratic republic, whereby the president of zambia is head of state, head of government and leader of a multiparty system. Subject to this act, the constitution shall come into operation on the date of assent by the president. Government of zambia act national assembly of zambia. History of zambian constitutionpart v zambia daily nation. The government has now published the draft constitution of zambia after persistent demands by civil society and other members of public. On 5 january 2016 president edgar lungu signed zambias new constitution with much fanfare and pomp. However, it is unfortunate that the articles in the draft constitution exemplify the extent to which the president can dominate affairs of the state and government.
Dual citizenship is now permitted under the recently approved amendments to the zambian constitution. 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 printed is prima facie evidence in all courts and for all purposes of the constitution and. The enactment of the new zambian constitution however is being done in two phases. Why dont we just make the constitution a terminal document that expires every 5 years according to.
He said the draft constitution has incorporated social, economic,cultural,religious and environmental rights. Download zambias new constitution as amended elias. Among the amendments are a number of significant changes to the presidency. Training manual regulating the zambian construction industry. B 10 of 2019 the bill was published in the government gazette on 21 june 2019 to facilitate the required 30day public. 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. Just before christmas the government published the constitution of zimbabwe amendment no. Jan 22, 2014 on the 15th of january 2014 the zambian watchdog and lusaka times released a leaked copy of the final draft constitution which was reportedly handed to president sata. This situation report focuses on the challenges of zambias constitution making exercise and recommends how the process can be managed to enhance its. Jul 05, 2016 on this page you can read or download zambian preamble constitution for 2016 pdf in pdf format. But by stating that life begins at conception article 28 of the draft constitution pitches these acts against the unborn childs right to life as stipulated in the current and draft constitutions bill of rights. General elections were held in zambia on 11 august 2016 to elect the president and national assembly. The most recent change occurred in 2016 and witnessed the repeal of almost all parts of the constitution except the bill of rights, which requires a referendum.
Although president sata appointed a technical committee to draft the constitution, whose among the many terms of reference, was to release the. Republic of zambia first draft constitution of the republic of zambia 30 the secretariat technical committee on drafting the zambian constitution government complex conference centre p. He indicated that one such positive stride was made with the creation of the technical committee on drafting the zambian constitution tcdzc in november 2011. Zambian civil society organizations, especially those devoted to womens rights, are demanding for the republican constitution now on debate to be approved through an assembly and a referendum. The first draft constitution of zambia has been released for a 40 day consultation. 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.
Jan 25, 2017 just before christmas the government published the constitution of zimbabwe amendment no. On this page you can read or download zambian preamble constitution for 2016 pdf in pdf format. Last week, zambia enacted a package of amendments to the constitution that has been years in the making. 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. History of zambian constitution zambia daily nation. Constitution in the schedule to that act, are repealed in so far as they form part of the laws of zambia. Jan 05, 2016 zambian leader edgar lungu signed into law constitutional changes setting new rules for general elections on aug. The views expressed in voices from the field contributions are the authors own and do not necessarily reflect international ideas positions. It is a promise he made to the zambian people on january 24, 2015, when he was sworn in as zambias sixth head of state and he returned to the same venue, heroes. Adequate checks and balances are an important aspect of. Constitution online centre for human rights, university of pretoria, south africa pdf doc. On the 15th of january 2014 the zambian watchdog and lusaka times released a leaked copy of the final draft constitution which was reportedly handed to president sata. Zambian constitution changes set rules for august elections. The effect of the constitution of zambia amendment cuts lusaka.
As per the law, the constitution of zambia amendment bill, n. Unfortunately, it has been an unnecessarily, very long processthe presidential assent to the 2016 constitution. President edgar lungu has unveiled the longawaited peopledriven republican constitution as he promised. Welcome to the zambian the most comprehensive online source on zambia, including news, currency, weather, travel, shopping and tourist information. Designing a process around intervening national elections is a choice worthy of note, in particular in how it provides democratic upstream and downstream constraints on the constitutionmaking process. If passed, the draft constitution could render the top act and penal code unconstitutional. One of president satas promises in the runup to his election in 2011 was the adopt. In the wake of the cost and difficulty of organising these elections, there. Thereafter, the draft constitution will be presented to the parliamentary select committee on the constitution. Zambias constitution of 1991 with amendments through 2016. Ndulo calls for complete overhaul of constitution the mast. Prof ndulo, a usbased lawyer, in his article zambias unfullfilled struggle for a democratic constitution. In the light of the foregoing, the section of the independence constitution corresponding to section 15 of the present constitution would be suitably amended to make it clear that its provisions did not extend to draft legislation.
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