Zambia - Constitution
{ Adopted on: 24 Aug 1991
}
{ Enacted on: 30 Aug
1991 }
{ ICL Document Status:
30 Aug 1991 }
Preamble
We, the people of Zambia,
by our representatives assembled in our Parliament, having solemnly resolved
to constitute Zambia into a Sovereign Democratic Republic;
In Pursuance of our determination
to uphold our inherent and inviolable right to decide, appoint and proclaim
the means and style whereby we shall govern ourselves as a united and indivisible
Sovereign State;
Proceedings from the premise
that all men have the right freely to determine and build their own political,
economic and social system by ways and means of their own free choice;
Determined to ensure the
rights of all men to participate fully and without hindrance in the affairs
of their own government and in shaping the destiny of their own mother
land;
Recognizing that individual
rights of citizens including freedom, justice, liberty and quality are
founded on the realization of the rights and duties of all men in the protection
of life, liberty and property, freedom of conscience, expression and association
within the context of our National Constitution;
Recognizing the right to
work, to free choice of employment, to just and favorable conditions of
work and to protection against unemployment;
Pledging to all citizens
the right to equal access to social, economic and cultural services and
facilities provided by the State or by public authorities;
Recognizing that the family
is the natural and fundamental unit of society and should be protected
by the State;
Pledging to every citizen
the right to education;
Pledging further to all
citizens the bounden duty of the State to respect the rights and dignity
of all members of the human family, to uphold the laws of the State and
to conduct the affairs of the state in such manner that its resources are
preserved, developed and enjoyed for the benefit of its citizens as a whole;
do hereby enact and give
to ourselves this Constitution.
Part I National Sovereignty and State
Article
1 [Declaration of Republic]
(1) Zambia is a sovereign
Republic.
(2) This Constitution is
the Supreme Law of Zambia and if any other law is inconsistent with this
Constitution, that other law shall, to the extent of the inconsistency,
be void;
(3) The official language
of Zambia shall be English.
Article
2 [Public Seal]
The Public Seal of the Republic
shall be such as may be prescribed by and under an Act of Parliament.
Article
3 [National Anthem and National Emblem]
The National Anthem and
the National Emblem shall be such as may be prescribed by or under an Act
of Parliament.
Article
4 [Citizens of Zambia]
(1) Every person who immediately
before the commencement of this Constitution was a citizen of Zambia shall
continue to be a citizen of Zambia after the commencement of this Constitution.
(2) A person who was granted
citizenship of Zambia before the commencement of this Constitution subject
to the performance of any conditions following the happening of a future
event, shall become a citizen upon the performance of such conditions.
Article
5 [Children of Zambia]
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.
Article
6 [Registration as Citizens]
(1) Any person who --
(a) has attained the age
of twenty-one years or is or has been married to a citizen of Zambia; and
(b) has been ordinarily resident in Zambia for a continuous period of not
less than ten years immediately preceding that person's application for
registration; or
(c) is a woman who has been
married to a citizen of Zambia for a period of more than three years preceding
24 July 1988; shall be entitled to apply to the Citizenship Board, in such
manner as may be prescribed by or under an Act of Parliament, to be registered
as a citizen of Zambia.
(2) An application for registration
as a citizen under this Article shall not be made by or on behalf of any
person who, under any law in force in Zambia, is adjudged or otherwise
declared to be of unsound mind.
(3) Parliament may provide
that any period during which a person has the right to reside in Zambia
by virtue of a permit issued under the authority of any law relating to
immigration shall not be taken into account in computing the period of
ten years referred to in paragraph (b) of clause (1).
Article
7 [Powers of Parliament]
Parliament may make provision
for --
(a) the acquisition of citizenship
of Zambia by persons who are not eligible to become citizens of Zambia
under this Part;
(b) depriving any person
of his citizenship of Zambia:
Provided that a person who
is a citizen --
(i) by virtue of Article
5 and was citizen of Zambia before the commencement
of this Constitution otherwise than by registration or naturalization;
or
(ii) by virtue of Article
6, shall not be deprived of his citizenship except
upon the ground that he is a citizen of a country other than Zambia; and
(c) the renunciation by
any person of his citizenship of Zambia.
Article
8 [Citizenship Board]
Parliament may make provision
for the establishment of a Citizenship Board to deal with any of the matters
falling under the provisions of Articles 6 or 7.
Article
9 [Cession of Citizenship]
(1) A Citizen of Zambia
shall cease to be such a citizen if at any time he acquires the citizenship
of a country other than Zambia by a voluntary act other than marriage or
does any act indicating his intention to adopt or make use of such citizenship.
(2) A person who --
(a) becomes a citizen of
Zambia by registration; and
(b) is, immediately after
he becomes a citizen of Zambia, also a citizen of some other country; shall,
subject to clause (4), cease to be a citizen of Zambia at the expiration
of three months after he becomes a citizen of Zambia unless he has renounced
the citizenship of that other country, taken the oath of allegiance and
made and registered such declaration of his intention concerning residence
as may be prescribed by or under an Act of Parliament.
(3) For the purpose of this
Article, where, under the law of a country other than Zambia, a person
cannot renounce his citizenship of that other country he need not make
such renunciation but he may instead be required to make such declaration
concerning that citizenship as may be prescribed by or under an Act of
Parliament.
(4) Provision may be made
by or under an Act of Parliament for extending the period within which
any person may make a renunciation of citizenship, take oath or make or
register a declaration for the purpose of this Article, and if such provision
is made that person shall cease to be a citizen of Zambia only if at the
expiration of the extended period he has not then made the renunciation,
taken the oath or made or registered the declaration, as the case may be.
Article
10 [Interpretation]
(1) For the purpose of this
Part, a person born aboard a registered ship or aircraft, or aboard an
unregistered ship or aircraft of the Government of any country, shall be
deemed to have been born in the place in which the ship or aircraft was
registered or, as the case may be, in that country.
(2) Any reference in this
Part to the national status of the parent of a person at the time of the
birth of that person shall, in relation to a person born after the death
of his parent, be construed as a reference to the national status of the
parent at the time of the parent's death.
(3) For the avoidance of
doubt, it is hereby declared that a person born in Zambia before the 1st
of April, 1986, whose father was an established resident shall continue
to enjoy the rights and privileges, and shall remain subject to the law
prevailing immediately before that date.
(4) For the purposes of
this Part --
"Citizenship Board" means
the Citizenship Board established by or under an Act of Parliament;
"established resident" means
a person who, immediately before the 1st April, 1986, qualified for that
status in accordance with the law then prevailing.
Part III Protection of Fundamental Rights and Freedom of the Individual
Article
11 [Fundamental Rights and Freedoms]
It is recognized and declared
that every
person in Zambia has been and shall continue to be entitled to the fundamental
rights and freedoms of the individual, that is to say, the right, whatever
his race, place of origin, political opinions, color, creed, sex or marital
status, but subject to the limitations contained in this Part, to each
and all of the following, namely:
(a) life, liberty, security
of the person and the protection of the law;
(b) freedom of conscience,
expression, assembly, movement and association;
(c) protection of young
persons from exploitation;
(d) protection for the privacy
of his home and other property and from deprivation of property without
compensation;
and the provisions of this
Part shall have effect for the purpose of affording protection to those
rights and freedoms subject to such limitations designed to ensure that
the enjoyment of the said rights and freedoms by any individual does not
prejudice the rights and freedoms of others or the public interest.
Article
12 [Right to Life]
(1) No person shall be deprived
of his life intentionally except in execution of the sentence of a court
in respect of a criminal offence under the law in force in Zambia of which
he has been convicted.
(2) No person shall deprive
an unborn child of life by termination of pregnancy except in accordance
with the conditions laid down by an Act of Parliament for that purpose.
(3) Without prejudice to
any liability for a contravention of any other law with respect to the
use of force in such cases; as are hereinafter mentioned, a person shall
not be regarded as having been deprived of his life in contravention of
this Article if he dies as a result of the use of force to such extent
as is reasonably justifiable in the circumstances of the case --
(a) for the defence of any
person from violence or for the defence of property;
(b) in order to effect a
lawful arrest or to prevent the escape of a person lawfully detained;
(c) for the purpose of suppressing
a riot, insurrection, mutiny or if he dies as a result of a lawful act
of war;
(d) in order to prevent
the commission by that person of a criminal offence.
Article
13 [Personal Liberty]
(1) No person shall be deprived
of his personal liberty except as may be authorized by law in any of the
following cases:
(a) in execution of a sentence
or order of a court, whether established for Zambia or some other country,
in respect of a criminal offence or which he has been convicted;
(b) in execution of an order
of a court of record punishing him for contempt of that court or of a court
inferior to it;
(c) in execution of an order
of a court made to secure the fulfillment of any obligation imposed on
him by law;
(d) for the purpose of bringing
him before a court in execution of an order of a court;
(e) upon reasonable suspicion
of his having committed, or being about to commit, a criminal offence under
the law in force in Zambia;
(f) under an order of a
court or with the consent of his parent or guardian, for his education
or welfare during any period ending not later than the date when he attains
the age of eighteen years;
(g) for the purpose of preventing
the spread of an infectious or contagious disease;
(h) in the case of a person
who is, or is reasonably suspected to be, of unsound mind, addicted to
drugs or alcohol, or a vagrant, for the purpose of this care or treatment
or the protection of the community;
(i) for the purpose of preventing
the unlawful entry of that person into Zambia, or for the purpose of effecting
the expulsion, extradition or other lawful removal of that person from
Zambia or for the purpose of restricting that person while he is being
conveyed through Zambia in the course of his extradition or removal as
a convicted prisoner from one country to another; or
(j) to such extent as may
be necessary in the execution of a lawful order requiring that person to
remain within a specified area within Zambia or prohibiting him from being
within such area, or to such extent as may be reasonably justifiable for
the taking of proceedings against that person relating to the making of
any such order, or to such extent as may be reasonably justifiable for
restraining that person during any visit that he is permitted to make to
any part of Zambia in which, in consequence of any such order, his presence
would otherwise be unlawful.
(2) any person who is arrested
or detained shall be informed as soon as reasonably practicable, in a language
that he understands, of the reasons for his arrest or detention.
(3) Any person who is arrested
or detained --
(a) for the purpose of bringing
him before a court in execution of an order of a court; or
(b) upon reasonable suspicion
of his having committed, or being about to commit, a criminal offence under
the law in force in Zambia;
and who is not released,
shall be brought without undue delay before a court; and if any person
arrested or detained under paragraph (b) is not tried within a reasonable
time, then, without prejudice to any further proceedings that may be brought
against him, he shall be released either unconditionally or upon reasonable
conditions, including in particular such conditions as are reasonably necessary
to ensure that the appears at a later date for trial or for proceedings
preliminary to trial.
(4) Any person who is unlawfully
arrested or detained by any other person shall be entitled to compensation
therefor from that other person.
Article
14 [Protection from Slavery and Forced Labor]
(1) No person shall be held
in slavery or servitude.
(2) No person shall be required
to perform forced labor.
(3) For the purpose of this
Article, the expression "force labor" does not include--
(a) any labor required in
consequence of a sentence or order of a court;
(b) labor required of any
person while he is lawfully detained that, though not required in consequence
of a sentence or order of a court, is reasonably necessary in the interests
of hygiene or for the maintenance of the place at which he is detained;
(c) any labor required of
a member of a disciplined force in pursuance of his duties as such or,
in the case of a person who has conscientious objections to service as
a member of a naval, military or air force, any labor that that person
is required by law to perform in place of such service;
(d) any labor required during
any period when the Republic is at war or a declaration under Article 30
or 31 is in force or in the event of any other emergency
or calamity that threatens the life and well-being of the community, to
the extent that the requiring of such labor is reasonably justifiable in
the circumstances of any situation arising or existing during that period,
or as a result of that other emergency or calamity, for the purpose of
dealing with that situation; or
(e) any labor reasonably
required as part of reasonable and normal communal or other civic obligation.
Article
15 [Protection from Inhuman Treatment]
No person shall be subjected
to torture, or to inhuman or degrading punishment or other like treatment.
Article
16 [Protection from Deprivation of Property]
(1) Except as provided in
this Article, no property
of any description shall be compulsorily taken possession of, and no interest
in or right over property of any description shall be compulsorily acquired,
unless by or under the authority of an Act of Parliament which provides
for payment of adequate compensation for the property or interest or right
to be taken possession of or acquired.
(2) Nothing contained in
or done under the authority of any law shall be held to be inconsistent
with or in contravention of clause (1) to the extent that it is shown that
such law provides for the taking possession or acquisition of any property
or interest therein or right thereover --
(a) in satisfaction of any
tax, rate or due;
(b) by way of penalty for
breach of any law, whether under civil process or after conviction of an
offence;
(c) in execution of judgements
or orders of courts;
(d) upon the attempted removal
of the property in question out of or into Zambia in contravention of any
law;
(e) as an incident of a
contract including a lease, tenancy, mortgage, charge, pledge or bill of
sale or of a title deed to land;
(f) for the purpose of its
administration, care or custody on behalf of and for the benefit of the
person entitled to the beneficial interest therein;
(g) by way of the vesting
of enemy property or for the purpose of the administration of such property;
(h) for the purpose of --
(i) the administration of
the property of a deceased person, a person of unsound mind or a person
who has not attained the age of eighteen years, for the benefit of the
persons entitled to the beneficial interest therein;
(ii) the administration
of the property of a person adjudged bankrupt or a body corporate in liquidation,
for the benefit of the creditors of such bankrupt or body corporate and,
subject thereto, for the benefit of other persons entitled to the beneficial
interest in the property;
(iii) the administration
of the property of a person who has entered into a deed of arrangement
for the benefit of his creditors; or
(iv) vesting any property
subject to a trust in persons appointed as trustees under the instrument
creating the trust or by a court or, by order of a court, for the purpose
of giving effect to the trust;
(i) in consequence of any
law relating to the limitation of actions;
(j) in terms of any law
relating to abandoned, unoccupied, unutilized or undeveloped land, as defined
in such law;
(k) in terms of any law
relating to absent or non-resident owners, as defined in such law, of any
property;
(l) in terms of any law
relating to trusts or settlements;
(m) by reason of the property
in question being in a dangerous state or prejudicial to the health or
safety of human beings, animals or plants;
(n) as a condition in connection
with the granting of permission for the utilization of that or other property
in any particular manner;
(o) for the purpose of or
in connection with the prospecting for or exploitation of, minerals belonging
to the Republic on terms which provide for the respective interests of
the persons affected;
(p) in pursuance of a provision
of the marketing of property of that description in the common interests
of the various persons otherwise entitled to dispose of that property;
(q) by way of the taking
of a sample for the purposes of any law;
(r) by way of acquisition
of the shares, or a class of shares, in a body corporate on terms agreed
to by the holders of not less than nine-tenths in value of those shares
or that class of shares;
(s) where the property consists
of an animal, upon its being found trespassing or straying;
(t) for so long as may be
necessary for the purpose of any examination, investigation, trial or inquiry
or, in the case of the land, the carrying out thereon --
(i) of work for the purpose
of the conservation of natural resources or any description; or
(ii) of agricultural development
or improvement which the owner or occupier of the land has been required,
and has without reasonable and lawful excuse refused or failed, to carry
out;
(u) where the property consists
of any license or permit;
(v) where the property consists
of wild animals existing in their natural habitat or the carcasses of wild
animals;
(w) where the property is
held by a body corporate established by law for public purposes and in
which no moneys have been invested other than moneys provided by Parliament;
(x) where the property is
any mineral, mineral oil or natural gases or any rights accruing by virtue
of any title or license for the purpose of searching for or mining any
mineral, mineral oil or natural gases --
(i) upon failure to comply
with any provision of such law relating to the title or license or to the
exercise of the rights accruing or to the development or exploitation of
any mineral, mineral oil or natural gases; or
(ii) in terms of any law
vesting any such property or rights in the President;
(y) for the purpose of the
administration or disposition of such property or interest or right by
the President in implementation of a comprehensive land policy or of a
policy designed to ensure that the statute law, the Common Law and the
doctrines of equity relating to or affecting the interest in or rights
over land, or any other interests or right enjoyed by Chiefs and persons
claiming through and under them, shall apply with substantial uniformity
throughout Zambia;
(z) in terms of any law
providing for the conversion of titles to land from freehold to leasehold
and the imposition of any restriction on subdivision, assignment or sub-letting;
(aa) in terms of any law
relating to --
(i) the forfeiture or confiscation
of the property of a person who has left Zambia for the purpose or apparent
purpose, of defeating the ends of justice;
(ii) the imposition of a
fine on, and the forfeiture or confiscation of the property of, a person
who admits a contravention of any law relating to the imposition or collection
of any duty or tax or to the prohibition or control of dealing or transactions
in gold, currencies, or securities.
(3) An Act of Parliament
such as is referred to in clause (1) shall provide that in default of agreement,
the amount of compensation shall be determined by a court of competent
jurisdiction.
Article
17 [Privacy of Home and Other Property]
(1) Except with his own
consent, no person shall be subjected to the search of his person or his
property or the entry by others on his premises.
(2) Nothing contained in
or done under the authority of any law shall be held to be inconsistent
with or in contravention of this Article to the extent that it is shown
that the law in question makes provision --
(a) that is reasonably required
in the interests of defence, public safety, public order, public morality,
public health, town and country planning, the development and utilization
of mineral resources, or in order to secure the development or utilization
of any property for a purpose beneficial to the community;
(b) that is reasonably required
for the purpose of protecting the rights or freedoms of other persons;
(c) that authorizes an officer
or agent of the Government, a local government authority or a body corporate
established by law for a public purpose to enter on the premises or anything
thereon for the purpose of any tax, rate or due or in order to carry out
work connected with any property that is lawfully on those premises and
that belongs to that Government, authority, or body corporate, as the case
may be; or
(d) that authorizes, for
the purpose of enforcing the judgement or order of a court in any civil
proceedings, the search of any person or property by order of a court or
entry upon any premises by such order;
and except so far as that
provision or, as the case may be, anything done under the authority thereof
is shown not to be reasonably justified in a democratic society.
Article
18 [Protection of Law]
(1) If any person is charged
with a criminal offence, then, unless the charge is withdrawn, the case
shall be afforded a fair hearing within a reasonable time by an independent
and impartial court established by law.
(2) Every person who is
charged with a criminal offence --
(a) shall be presumed to
be innocent until he is proved or has pleaded guilty;
(b) shall be informed as
soon as reasonably practicable, in a language that he understands and in
detail, of the nature of the offence charged;
(c) shall be given adequate
time and facilities for the preparation of his defence;
(d) shall unless legal aid
is granted him in accordance with the law enacted by Parliament for such
purpose be permitted to defend himself before the court in person, or at
his own expense, by a legal representative of his own choice;
(e) shall be afforded facilities
to examine in person or by his legal representative the witnesses called
by the prosecution before the court, and to obtain the attendance and carry
out the examination of witnesses to testify on his behalf before the court
on the same conditions as those applying to witnesses called by the prosecution;
and
(f) shall be permitted to
have without payment the assistance of an interpreter if he cannot understand
the language used at the trial of the charge;
and except with his own
consent the trial shall not take place in his absence unless he so conducts
himself as to render the continuance of the proceedings in his presence
impracticable and the court has ordered him to be removed and the trial
to proceed in his absence.
(3) When a person is tried
for any criminal offence, the accused person or any person authorized by
him in that behalf shall, if he so requires and subject to payment of such
reasonable fee as may be prescribed by law, be given within a reasonable
time after judgment a copy for the use of the accused person of any record
of the proceedings made by or on behalf of the court.
(4) No person shall be held
to be guilty of a criminal offence on account of any act or omission that
did not, at the time it took place, constitute such an offence, and no
penalty shall be imposed for any criminal offence that is severer in degree
or description that the maximum penalty that might have been imposed for
that offence at the time it was committed.
(5) No person who shows
that he has been tried by a competent court for a criminal offence and
either convicted or acquitted shall again be tried for that offence or
for any other criminal offence of which he could have been convicted at
the trial for that offence, except upon the order of a superior court in
the course of appeal or review proceedings relating to the conviction or
acquittal.
(6) No person shall be tried
for a criminal offence if he shows that he has been pardoned for that offence.
(7) No person who is tried
for a criminal offence shall be compelled to give evidence at the trial.
(8) No person shall be convicted
of a criminal offence unless that offence is defined and the penalty is
prescribed in a written law: Provided that nothing in this clause shall
prevent a court of record from punishing any person for contempt of itself
notwithstanding that the act or omission constituting the contempt is not
defined in written law and the penalty therefore is not so prescribed.
(9) Any court or other adjudicating
authority prescribed by law for the determination of the existence or extent
of any civil right or obligation shall be established by law and shall
be independent and impartial; and where proceedings for such a determination
are instituted by any person before such a court or other adjudicating
authority, the case shall be given a fair hearing within a reasonable time.
(10) Except with the agreement
of all the parties thereto, all proceedings of every court and proceedings
for the determination of the existence or extent of any civil right or
obligation before any other adjudicating authority, including the announcement
of the decision of the court or other authority, shall be held in public.
(11) Nothing in clause (10)
shall prevent the court or other adjudicating authority from excluding
from the proceedings persons other than the parties thereto and their legal
representatives to such extent as the court or other authority --
(a) may consider necessary
or expedient in circumstances where publicity would prejudice the interest
of justice or in interlocutory proceedings; or
(b) may be empowered by
law to do in the interest of defence, public safety, public order, public
morality, the welfare of persons under the age of eighteen years or the
protection of the private lives of persons concerned in the proceedings.
(12) Nothing contained in
or done under the authority of any law shall be held to be inconsistent
with or in contravention of --
(a) paragraph (a) of clause
(2) to the extent that it is shown that the law in question imposes upon
any person charged with a criminal offence the burden of proving particular
facts;
(b) paragraph (d) of clause
(2) to the extent that it is shown that the law in question prohibits legal
representation before a subordinate court in proceedings for an offence
under Zambian customary law, being proceedings against any person who,
under that law, is subject to that law;
(c) paragraph (e) of clause
(2) to the extent that it is shown that the law in question imposes reasonable
conditions that must be satisfied if witnesses called to testify on behalf
of an accused person are to be paid their expenses out of public funds;
(d) clause (2) to the extent
that it is shown that the law provides that --
(i) where the trial of any
person for any offence prescribed by or under the law has been adjourned
and the accused, having pleaded to the charge, fails to appear at the time
fixed by the court for the resumption of his trial after the adjournment,
the proceedings may continue notwithstanding the absence of the accused
if the court, being satisfied that, having regard to all the circumstances
of the case, it is just and reasonable so to do, so orders; and
(ii) the court shall set
aside any conviction or sentence pronounced in the absence of the accused
in respect of that offence if the accused satisfies the court without undue
delay that the cause of his absence was reasonable and that he had a valid
defence to the charge;
(e) clause (2) to the extent
that it is shown that the law provides that a trial of a body corporate
may take place in the absence of any representative of the body corporate
upon a charge in respect of which a plea of not guilty has been entered
by the court;
(f) clause (5) to the extent
that it is shown that the law in question authorizes a court to try a member
of a disciplined forced for a criminal offence notwithstanding any trial
and conviction or acquittal of that member under the disciplinary law of
that force, so, however, that any court so trying such a member and convicting
him shall in sentencing him to any punishment take into account any punishment
awarded him under that disciplinary law.
(13) In the case of any
person who is held in lawful detention, clause (1), paragraphs (d) and
(e) of clause (2) and clause (3) shall not apply in relation to his trial
for a criminal offence under the law regulating the discipline of persons
held in detention.
(14) In its application
to a body corporate clause (2) shall have effect as if the words "in person
or" were omitted from paragraph (d) and (e).
(15) In this Article "criminal
offence" means a criminal offence under the law in force in Zambia.
Article
19 [Freedom of Conscience]
(1) Except with his own
consent, no person shall be hindered in the enjoyment of his freedom of
conscience, and for the purposes of this Article the said freedom includes
freedom of thought and religion, freedom to change his religion or belief,
and freedom, either alone or in community with others, and both in public
and in private, to manifest and propagate his religion or belief in worship,
teaching, practice and observance.
(2) Except with his own
consent, or, if he is a minor, the consent of his guardian, no person attending
any place of education shall be required to receive religious instruction
or to take part in or attend any religious ceremony or observance if that
instruction, ceremony or observance relates to a religion other than his
own.
(3) No religious community
or denomination shall be prevented from providing religious instruction
for persons of that community or denomination in the course of any education
provided by the community or denomination or from establishing and maintaining
institutions to provide social services for such persons.
(4) No person shall be compelled
to take any oath which is contrary to his religion or belief or to take
any oath in a manner which is contrary to his religion or belief.
(5) Nothing contained in
or done under the authority of any law shall be held to be inconsistent
with or in contravention of this Article to the extent that it is shown
that the law in question makes provision which is reasonably required --
(a) in the interests of
defence, public safety, public order, public morality or public health;
or
(b) for the purpose of protecting
the rights and freedoms of other persons, including the right to observe
and practice any religion without the unsolicited intervention of members
of any other religion;
and except so far as that
provision or, the thing done under the authority thereof as the case may
be, is shown not to be reasonably justified in a democratic society.
Article
20 [Freedom of Expression]
(1) Except with his own
consent, no person shall be hindered in the enjoyment of his freedom of
expression,
that is to say, freedom to hold opinions without interference, freedom
to receive ideas and information without interference, freedom to impart
and communicate ideas and information without interference, whether the
communication be to the public generally or to any person or class of persons,
and freedom from interference with his correspondence.
(2) Subject to the provisions
of this Constitution no law shall make any provision that derogates from
freedom of the press.
(3) Nothing contained in
or done under the authority of any law shall be held to be inconsistent
with or in contravention of this Article to the extent that it is shown
that the law in question makes provision --
(a) that is reasonably required
in the interests of defence, public safety, public order, public morality
or public health; or
(b) that is reasonably required
for the purpose of protecting the reputations, rights and freedoms of other
persons or the private lives of persons concerned in legal proceedings,
preventing the disclosure of information received in confidence, maintaining
the authority and independence of the courts, regulating educational institutions
in the interests of persons receiving instruction therein, or the registration
of, or regulating the technical administration or the technical operation
of, newspapers and other publications, telephony, telegraphy, posts, wireless
broadcasting or television; or
(c) that imposes restrictions
on public officers; and except so far as that provision or, the thing done
under the authority thereof as the case may be, is shown not to be reasonably
justifiable in a democratic society.
Article
21 [Freedom of Assembly and Association]
(1) Except with his own
consent, no person shall be hindered in the enjoyment of his freedom of
assembly and association, that is to say, his right to assemble freely
and associate with other persons and in particular to form or belong to
any political party, trade union or other association for the protection
of his interests.
(2) Nothing contained in
or done under the authority of any law shall be held to be inconsistent
with or in contravention of this Article to the extent that it is shown
that the law in question makes provision --
(a) that is reasonably required
in the interests of defence, public safety, public order, public morality
or public health;
(b) that is reasonably required
for the purpose of protecting the rights or freedoms of other persons;
(c) that imposes restrictions
upon public officers; or
(d) for the registration
of political parties or trade unions in a register established by or under
a law and for imposing reasonable conditions relating to the procedure
for entry on such register including conditions as to the minimum number
of persons necessary to constitute a trade union qualified for registration;
and except so far as that
provision or, the thing done under the authority thereof as the case may
be, is shown not to be reasonably justifiable in a democratic society.
Article
22 [Freedom of Movement]
(1) Subject to the other
provision of this Article and except in accordance with any other written
law, no citizen shall be deprived of his freedom of movement, and for the
purposes of this Article freedom of movement means --
(a) the right to move freely
throughout Zambia:
(b) the right to reside
in any part of Zambia; and
(c) the right to leave Zambia
and to return to Zambia.
(2) Any restrictions on
a person's freedom of movement that relates to his lawful detention shall
not be held to be inconsistent with or in contravention of this Article.
(3) Nothing contained in
or done under the authority of any law shall be held to be inconsistent
with or in contravention of this Article to the extent that it is shown
that the law in question makes provision --
(a) for the imposition of
restrictions that are reasonably required in the interests of defence,
public safety, public order, public morality or public health or the imposition
or restrictions on the acquisition or use by any person of land or other
property in Zambia, and except so far as that provision or, the thing done
under the authority thereof, as the case may be, is shown not be reasonably
justifiable in a democratic society;
(b) for the imposition of
restrictions on the freedom of movement of any person who is not a citizen
of Zambia;
(c) for the imposition of
restrictions upon the movement or residence within Zambia of public officers;
or
(d) for the removal of a
person from Zambia to be tried outside Zambia for a criminal offence or
to undergo imprisonment in some other country in execution of the sentence
of a court in respect of a criminal offence under the law in force in Zambia
of which he has been convicted.
Article
23 [Protection from Discrimination]
(1) Subject to clauses (4),
(5) and (7), no law shall make any provision that is discriminatory either
of itself or in its effect.
(2) Subject to clauses (6),
(7) and (8), no person shall be treated in a discriminatory manner by any
person acting by virtue of any written law or in the performance of the
functions of any public office or any public authority.
(3) In this Article the
expression "discriminatory" mean, affording different treatment to different
persons attributable, wholly or mainly to their respective descriptions
by race, tribe, sex, place of origin, marital status, political opinions
color or creed whereby persons of one such description are subjected to
disabilities or restrictions to which persons of another such description
are not made subject or are accorded privileges or advantages which are
not accorded to persons of another such description.
(4) Clause (1) shall not
apply to any law so far as that law makes provision --
(a) for the appropriation
of the general revenues of the Republic;
(b) with respect to persons
who are not citizens of Zambia;
(c) with respect to adoption,
marriage, divorce, burial, devolution of property on death or other matters
of personal law;
(d) for the application
in the case of members of a particular race or tribe, of customary law
with respect to any matter to the exclusion of any law with respect to
that matter which is applicable in the case of other persons; or
(e) whereby persons of any
such description as is mentioned in clause (3) may be subjected to any
disability or restriction or may be accorded any privilege or advantage
which, having regard to its nature and to special circumstances pertaining
to those persons or to persons of any other such description, is reasonably
justifiable in a democratic society.
(5) Nothing contained in
any law shall be held to be inconsistent with or in contravention of clause
(1) to the extent that it is shown that it makes reasonable provision with
respect to qualifications for service as a public officer or as a member
of a disciplined force or for the service of a local government authority
or a body corporate established directly by any law.
(6) Clause (2) shall not
apply to anything which is expressly or by necessary implication authorized
to be done by any such provision or law as is referred to in clause (4)
or (5).
(7) No thing contained in
or done under the authority of any law shall be held to be inconsistent
with or in contravention of this Article to the extent that it is shown
that the law in question makes provision whereby persons of any such description
as is mentioned in clause (3) may be subjected to any restriction on the
rights and freedoms guaranteed by Articles 17, 19,
20,
21 and 22,
being such a restriction as is authorized by clause (2) of Article 17,
clause (5) of Article 19, clause (2) of Article 20, clause (2) of Article
21 or clause (3) of Article 22, as the case may be.
(8) Nothing in clause (2)
shall affect any discretion relating to the institution, conduct or discontinuance
of civil or criminal proceedings in any court that is vested in any person
by or under this Constitution or any other law.
Article
24 [Protection of Young Persons from Exploitation]
(1) No young person shall
be employed and shall and shall in no case be caused or permitted to engage
in any occupation or employment which would prejudice his health or education
or interfere with his physical, mental or moral development: Provided that
an Act of Parliament may provide for the employment of a young person for
a wage under certain conditions.
(2) All young persons shall
be protected against physical or mental ill-treatment, all forms of neglect,
cruelty or exploitation.
(3) No young person shall
be the subject of traffic in any form.
(4) In this Article "young
person" means any person under the age of fifteen years.
Article
25 [Derogation from Fundamental Rights and Detention]
Nothing contained in or
done under the authority of any law shall be held to be inconsistent with
or in contravention of Articles 13, 16,
17, 19, 20,
21,
22, 23, or 24
to the extent that it is shown that the law in question authorizes the
taking, during any period when the Republic is at war or when a declaration
under Article 30 is in force, or measures for the
purpose of dealing with any situation existing or arising during that period;
and nothing done by any person under the authority of any such law shall
be held to be in contravention of any of the said provisions if it is shown
that the measures taken were, having due regard to the circumstances prevailing
at the time, reasonably required for the purpose of dealing with the situation
in question.
Article
26 [Restriction and Detention]
(1) where a person's freedom
of movement is restricted, or he is detained, under the authority of any
such law as is referred to in Article 22 or 25,
as the case may be, the following provisions shall apply --
(a) he shall, as soon as
reasonably practicable and in any case not more than fourteen days after
the commencement of his detention or restriction, be furnished with a statement
in writing in a language that he understands specifying in detail the grounds
upon which he is restricted or detained;
(b) not more than fourteen
days after the commencement of his restriction or detention a notification
shall be published in the Gazette stating that he has been restricted or
detained and giving particulars of the place of detention and the provision
of law under which his restriction or detention is authorized;
(c) if he so requests at
any time during the period of such restriction or detention not earlier
than three months after the commencement thereof or after he last made
such a request during that period, as the case may be, his case shall be
reviewed by an independent and impartial tribunal established by law and
presided over by a person, appointed by the Chief Justice, who is or is
qualified to be a judge of the High Court;
(d) he shall be afforded
reasonable facilities to consult a legal representative of his own choice
who shall be permitted to make representations to the authority by which
the restriction or detention was ordered or to any tribunal established
for the review of his case; and
(e) at the hearing of his
case by such tribunal he shall be permitted to appear in person or by a
legal representative of his own choice.
(2) On any review by a tribunal
under this Article, the tribunal shall advise the authority by which it
was ordered on the necessity or expediency of continuing his restriction
or detention and that authority shall be obliged to act in accordance with
any such advice.
(3) The President may at
any time refer to the tribunal the case of any person who has been or is
being restricted or detained pursuant to any restriction or detention order.
(4) Nothing contained in
paragraph (d) or (e) of clause (1) shall be construed as entitling a person
to legal representation at public expense.
(5) Parliament may make
or provide for the making of rules to regulate the proceedings of any such
tribunal including but without derogating from the generality of the foregoing,
rules as to evidence and the admissibility thereof, the receipt of evidence
including written reports in the absence of the restricted or detained
person and his legal representative, and the exclusion of the public from
the whole or any portion of the proceedings.
(6) Clauses (11) and (12)
or Article 18 shall be read and construed subject
to the provisions of this Article.
Article
27 [Reference of Certain Matters to Special Tribunal]
(1) Whenever --
(a) a request is made in
accordance with clause (2) for a report on a bill or statutory instrument;
or
(b) the Chief Justice considers
it necessary for the purpose of determining claims for legal aid in respect
of proceedings under Article 30 or 31;
the Chief Justice shall appoint a tribunal which shall consist of two persons
selected by him from amongst persons who hold or have held the office of
a judge of the Supreme Court or the High Court.
(2) A request for a report
on a bill or a statutory instrument may be made by not less than thirty
members of the National Assembly by notice in writing delivered --
(a) in the case of a bill,
to the Speaker within three days after the final reading of the bill in
the Assembly.
(b) in the case of a statutory
instrument, to the authority having power to make the instrument within
fourteen days of the publication of the instrument in the Gazette.
(3) Where a tribunal is
appointed under this Article for the purpose of reporting on a bill or
a statutory instrument, the tribunal shall, within the prescribed period,
submit a report to the President and to the Speaker of the National Assembly
stating --
(a) in the case of a bill,
whether or not in the opinion of the tribunal any, and if so which, provisions
of the bill are inconsistent with this Constitution;
(b) in the case of a statutory
instrument, whether or not in the opinion of the tribunal any, and if so
which, provisions of the instrument are inconsistent with this Constitution;
and, if the tribunal reports
that any provision would be or is inconsistent with this Constitution,
the grounds upon which the tribunal has reached that conclusion. Provided
that if the tribunal considers that the request for a report on a bill
or statutory instrument is merely frivolous or vexatious, it may so report
to the President without entering further upon the question whether the
bill or statutory instrument would be or is inconsistent with this Constitution.
(4) In determining any claim
for legal aid as referred to in clause (2), the tribunal may grant to any
person who satisfies it that --
(a) he intends to bring
or is an applicant in proceedings under clause (1) or (4) of Article 28;
(b) he has reasonable grounds
for bringing the application; and
(c) he cannot afford to
pay for the cost of the application;
a certificate that the application
is a proper case to be determined at public expenses: Provided that paragraph
(c) shall not apply in any case where the application relates to the validity
or a provision of law in respect of which the tribunal has reported that
it would be or is inconsistent with this Constitution or where it appears
to the tribunal that issues are or will be raised in the application which
are of general importance.
(5) Where a certificate
is granted to any person by the tribunal in pursuance of clause (4), there
shall be paid to that person out of the general revenues of the Republic
such amount as the tribunal, when hearing the application, may assess as
the costs incurred by that person in connection with the application; and
the sums required for making such payment shall be a charge on the general
revenue of the Republic.
(6) For the purposes of
clause (5) --
(a) the costs incurred in
an application shall include the cost of obtaining the advice of a legal
representative and, if necessary, the cost of representation by a legal
representative in any court in steps preliminary or incidental to the application;
(b) in assessing the costs
reasonably incurred by a person in an application regard shall be had to
costs awarded against that person or recovered by him in those proceedings.
(7) In this Article, "prescribed
period" means --
(a) in relation to a bill,
the period commencing from the appointment of the tribunal to report upon
the bill and ending thirty days thereafter or if the Speaker, on the application
of the tribunal considers that owing to the length or complexity of the
bill thirty days is insufficient for consideration of the bill, ending
on such later day as the Speaker may determine;
(b) in relation to a statutory
instrument, the period of forty days commencing with the day on which the
instrument is published in the Gazette.
(8) Nothing in clause (1),
(2) or (3) shall apply to a bill for the appropriation of the general revenues
of the Republic or a bill containing only proposals for expressly altering
this Constitution or the Constitution of Zambia Act, 1991.
Article
28 [Enforcement of Protective Provisions]
(1) Subject to clause (5),
if any person alleges that any of the provisions of Articles 11
to 26 inclusive has been, is being or is likely to be contravened in
relation to him, then, without prejudice to any other action with respect
to the same matter which is lawfully available, that person may apply for
redress to the High Court which shall --
(a) hear and determine any
such application;
(b) determine any question
arising in the case of any person which is referred to it in pursuance
of clause (2);
and which may, make such
order, issue such writs and give such directions as it may consider appropriate
for the purpose of enforcing, or securing the enforcement of, any of the
provisions of Articles 11 to 26 inclusive.
(2)(a) If in any proceedings
in any subordinate court any question arises as to the contravention of
any of the provisions of Articles 11 to 26 inclusive,
the person presiding in that court may, and shall if any party to the proceedings
so requests, refer the question to the High Court unless, in his opinion
the raising of the question is merely frivolous or vexatious.
(b) Any person aggrieved
by any determination of the High Court under this Article may appeal therefrom
to the Supreme Court: Provided that no appeal shall lie from a determination
of the High Court under this Article dismissing an application on the ground
that it is frivolous and vexatious.
(3) No application shall
be brought under clause (1) on the grounds that the provisions of Articles
11 to 26 (inclusive) are likely to be contravened
by reason of proposals contained in any bill which, at the date of the
application, has not become a law.
(4) Parliament may confer
upon the Supreme Court or High Court such jurisdiction or powers in addition
to those conferred by this Article as may appear to be necessary or desirable
of the purpose of enabling that Court more effectively to exercise the
jurisdiction conferred upon it by this Article or of enabling any application
for redress to be more speedily determined.
Article
29 [Declaration of War]
(1) The President may, in
consultation with Cabinet, at any time, by Proclamation published in the
Gazette declare war.
(2) A declaration made under
clause (1) shall continue in force until the cessation of hostilities.
(3) An Act of Parliament
shall provide for the conditions and circumstances under which a declaration
may be made under clause (1).
Article
30 [Declaration of Public Emergency]
(1) The President may, in
consultation with Cabinet, at any time, by Proclamation published in the
Gazette declare that a State of public emergency exists.
(2) A declaration made under
clause (1) of this Article shall cease to have effect on the expiration
of a period of seven days commencing with the day on which the declaration
is made unless, before the expiration of such period, it has been approved
by a resolution of the National Assembly supported by a majority of all
the members thereof not counting the Speaker.
(3) In reckoning any period
of seven days for the purposes of clause (2) no account shall be taken
of any time during which Parliament is dissolved.
(4) A declaration made under
clause (1) may, at any time before it has been approved by a resolution
of the National Assembly, be revoked by the President by Proclamation published
in the Gazette.
(5) Subject to clause (6)
a resolution of the National Assembly under clause (2) will continue in
force until the expiration of a period of three months commencing with
the date of its being approved or until revoked at such earlier date of
its being so approved or until such earlier date as may be specified in
the resolution. Provided that the National Assembly may, by majority of
all the members thereof, not counting the Speaker extend the approval of
the declaration for periods of not more than three months at a time.
(6) The National Assembly
may, by resolution, at any time revoke a resolution made by it under this
Article.
(7) Whenever an election
to the office of President results in a change of the holder of that office,
any declaration made under this Article and in force immediately before
the day on which the President assumes office shall cease to have effect
on the expiration of seven days commencing with that day.
(8) The expiration or revocation
of any declaration or resolution made under this Article shall not affect
the validity of anything previously done in reliance on such declaration.
Article
31 [Declaration Relating to Threatened Emergency]
(1) The President may at
any time by the Proclamation published in the Gazette declare that a situation
exists which, if it is allowed to continue may lead to a state of public
emergency.
(2) A declaration made under
clause (1) of this Article shall cease to have effect on the expiration
of a period of seven days commencing with the day on which the declaration
is made unless, before the expiration of such period, it has been approved
by a resolution of the National Assembly supported by a majority of all
the members thereof not counting the Speaker.
(3) In reckoning any period
of seven days for the purpose of clause (2) no account shall be taken of
any time during which Parliament is dissolved.
(4) A declaration made under
clause (1), may, at any time before it has been approved by a resolution
of the National Assembly, be revoked by the President by Proclamation published
in the Gazette.
(5) Subject to clause (6)
a resolution of the National Assembly under clause (2) shall continue in
force until the expiration of a period of three months commencing with
the date of its being approved or until revoked on an earlier date of its
being so approved or until such earlier date as may be specified in the
resolution.
(6) The National Assembly
may by resolution, at any time revoke a resolution made by it under this
Article.
(7) Whenever an election
to the office of President results in a change in the holder of that office,
any declaration made under this Article and in force immediately before
the day on which the President assumes office, shall cease to have effect
on the expiration of seven days commencing with that day.
(8) The expiration or revocation
of any declaration or resolution made under this Article shall not affect
the validity of anything previously done in reliance on such declaration.
Article
32 [Interpretation and Savings]
(1) In this Part, unless
the context otherwise requires --
"contravention", in relation
to any requirement, includes a failure to comply with that requirement
and cognate expressions shall be construed accordingly;
"court" means any court
of law having jurisdiction in Zambia, other than a court established by
a disciplinary law, and in Articles 12 and 14
includes a court established by a disciplinary law;
"disciplinary law" means
a law regulating the disciplined force;
"disciplined force" means
--
(a) a naval, military or
air force;
(b) the Zambia Police Force;
or
(c) any other force established
by or under an Act of Parliament;
"legal representative" means
a person entitled to practice in Zambia as an advocate;
"member", in relation to
a disciplined force, includes any person who, under the law regulating
the discipline of that force is subject to that discipline.
(2) In relation to any person
who is a member of a disciplined force raised under the law of Zambia,
nothing contained in or done under the authority of the disciplinary law
of that force shall be held to be inconsistent with or in contravention
of any of the provisions of this Part other than Articles 12,
14, and 15.
(3) In relation to any person
who is a member of a disciplinary force raised otherwise than as aforesaid
and lawfully present in Zambia, nothing contained in or done under the
authority of the disciplinary law of that force shall be held to be inconsistent
with or in contravention of any of the provisions of this part.
Article
33 [The office of President]
(1) There shall be a President
of the Republic of Zambia who shall be the Head of State
and of the Government and the Commander-in-Chief of the Defence Forces.
(2) The executive power
of the Republic of Zambia shall vest in the President and, subject to the
other provisions of this Constitution, shall be exercised by him either
directly or through officers subordinate to him.
Article
34 [Election of President]
(1) The election of the
President shall be direct by universal adult suffrage and by secret ballot
and shall be conducted in accordance with this Article and as may be prescribed
by or under an Act of Parliament.
(2) An election to the office
of President shall be held whenever the National Assembly is dissolved
and otherwise as provided by Article 38.
(3) A person shall be qualified
to be a candidate for election as President if he --
(a) is a citizen of Zambia;
(b) has attained the age
of thirty-five years;
(c) is a member of, or is
sponsored by, a political party; and
(d) is otherwise qualified
to be elected as a member of the National Assembly.
(4) A candidate for election
as President (hereinafter referred to as a Presidential candidate) shall
deliver his nomination papers to the returning officer in such manner,
on such day, at such time and at such place as may be prescribed by or
under an Act of Parliament.
(5) A Presidential candidate
shall not be entitled to take part in an election unless --
(a) he has paid such election
fee as may be prescribed by or under an Act of Parliament on or before
the date fixed by the Electoral Commission in that behalf; and
(b) he makes, by statutory
declaration which shall be open to public inspection at such time and at
such place as may be prescribed by or under an Act of Parliament, a full
declaration of his assets and liabilities; and
(c) his nomination is supported
by not less than 200 registered voters.
(6) At an election to the
office of President --
(a) all persons registered
in Zambia as voters for the purposes of elections to the National Assembly
shall be entitled to vote in the election;
(b) the poll shall be taken
by a secret ballot on such day, at such time, in such places and in such
manner as may be prescribed by or under an Act of Parliament; and
(c) after the expiration
of the time fixed for polling, the votes cast shall be counted and the
returning officer shall declare the result.
(7) If, at the initial poll,
a Presidential candidate receives more than fifty per cent of the valid
votes cast, the returning officer shall declare him to be elected as President.
(8) If, at the initial poll,
no Presidential candidate receives more than fifty per cent of the valid
votes cast, a further poll shall be taken in accordance with clause (6).
(9) If, at the second poll,
there is still no Presidential candidate who has received more than fifty
per cent of the valid votes cast or there are two Presidential candidates
who have an equal number of votes, the returning officer shall so report
to the President who shall summon Parliament to elect the new President.
(10) The President shall
submit to the National Assembly the names of those candidates who received
the highest and the next highest number of valid votes cast, or the names
of the Presidential candidates who have received an equal number of votes,
and a session of the National Assembly shall then be held for the purpose
of electing the President.
(11) At the session held
in accordance with clause (10), the Presidential candidate who receives
the greatest number of the valid votes cast by the members of the National
Assembly present and voting shall be declared President.
(12) Where there is only
one qualified Presidential candidate nominated for election, that candidate
shall be declared as elected without an election taking place.
(13) A person elected to
the office of President under this Article shall assume that office on
the day upon which he is elected and sworn in.
Article
35 [Tenure of Office of President]
(1) Subject to clause (2)
and (4) every President shall hold office for a period of five years.
(2) After the commencement
of this Constitution no person who holds or has held office as President
for two terms of five years each, shall be eligible for re-election to
that office.
(3) For the purposes of
clause (2) the period of two terms of five years each shall be computed
from the commencement of this Constitution.
(4) The President may, at
any time by writing under his hand addressed to the Speaker of the National
Assembly resign his office.
(5) A person assuming the
office of the President in accordance with this Constitution shall unless
--
(a) he resigns his office;
or
(b) he ceases to hold office
by virtue of Article 36 or 37.
(c) the National Assembly
is dissolved;
continue in office until
the person elected at the next election to the office of President assumes
office.
Article
36 [Removal of President on Grounds of Incapacity]
(1) If it is resolved by
a majority of all the members of the Cabinet that the question of the physical
or mental capacity of the President to discharge the functions of his office
ought to be investigated, and they so inform the Chief Justice, then the
Chief Justice shall appoint a board consisting of not less than three persons
selected by him from among persons who are qualified as medical practitioners
under the law of Zambia or under the law of any other country in the Commonwealth,
and the board shall inquire into the matter and report to the Chief Justice
on whether or not the President is, by reason of any infirmity of body
or mind, incapable of discharging the functions of his office.
(2) If the board reports
that the President is incapable of discharging the functions of his office,
the Chief Justice shall certify in writing accordingly and thereupon the
President shall cease to hold office.
(3) Where the Cabinet resolve
that the question of the physical or mental capacity of the President to
discharge the functions of his office shall be investigated, the President
shall, until another person assumes the office of President or the board
appointed under clause (1) reports that the President is not incapable
of discharging the functions of his office, whichever is earlier, cease
to perform the functions of his office and those functions shall be performed
by --
(a) the Vice-President;
or
(b) in the absence of the
Vice-President or if the Vice-President is unable, by reason of physical
or mental infirmity, to discharge the functions of his office, by such
member of the Cabinet as the Cabinet shall elect: Provided that any person
performing the functions of the office of President under this clause shall
not dissolve the National Assembly nor, except on the advice of the Cabinet,
revoke any appointment made by the President.
(4) A motion for the purposes
of clause (1) may be proposed at any meeting of the Cabinet.
(5) For the purposes of
this Article, a certificate of the Chief Justice that the President is,
by reason of physical or mental infirmity, unable to discharge the functions
of this office shall be conclusive and shall not be questioned in any court.
Article
37 [Impeachment of President for Violation of Constitution]
(1) If notice in writing
is given to the Speaker of the National Assembly signed by not less than
one-third of all the members of the Assembly of a motion alleging that
the President has committed any violation of the Constitution or any gross
misconduct and specifying the particulars of the allegations and proposing
that a tribunal be established under this Article to investigate those
allegations, the Speaker shall --
(a) if Parliament is then
sitting or has been summoned to meet within five days, cause the motion
to be considered by the Assembly within seven days of the notice;
(b) if Parliament is not
then sitting (and notwithstanding that it may be prorogued) summon the
Assembly to meet within twenty-one days of the notice and cause the motion
to be considered at that meeting.
(2) Where a motion under
this Article is proposed for consideration by the National Assembly, the
Assembly shall not debate the motion but the person presiding in the Assembly
shall forthwith cause a vote to be taken on the motion and if the motion
is supported by the votes of not less than two-thirds of all the members
of the Assembly, shall declare the motion to be passed.
(3) If the motion is declared
to be passed under clause (2) --
(a) the Chief Justice shall
appoint a tribunal which shall consist of a Chairman and not less than
two other members selected by the Chief Justice from among persons who
hold or have held high judicial office;
(b) the tribunal shall investigate
the matter and shall report to the National Assembly whether it finds the
particulars of the allegations specified in the motion to have been substantiated;
(c) the President shall
have the right to appear and be represented before the tribunal during
its investigation of the allegations against him.
(4) If the tribunal reports
to the National Assembly that the tribunal finds that the particulars of
any allegation against the President specified in the motion have not been
substantiated no further proceedings shall be taken under this Article
in respect of that allegation.
(5) If the tribunal reports
to the National Assembly that the tribunal finds that the particulars of
any allegation specified in the motion have been substantiated, the Assembly
may, on a motion supported by the votes of not less than three-quarters
of all members of the Assembly, resolve that the President has been guilty
of such violation of the Constitution or, as the case may be such gross
misconduct as it is incompatible with his continuance in office as President
and, if the Assembly so resolves, the President shall cease to hold office
upon the third day following the passage of the resolution.
(6) No proceedings shall
be taken or continued under this Article at any time when Parliament is
dissolved.
Article
38 [Vacancy in Office of President]
(1) An election to fill
a vacancy in the office of President caused by expiration of the period
of five years referred to in clause (1) of Article 35
shall be completed in accordance with Article 34 before
the expiration of that period.
(2) If the office of the
President becomes vacant by reason of his death or resignation or by reason
of his ceasing to hold office by virtue of Article 36,
37, or 88, an election to the
office of President shall be held in accordance with Article 34
within six months from the date of the office becoming vacant.
(3) Whenever the office
of President becomes vacant, the Vice-President or, in the absence of the
Vice-President or if the Vice-President is unable, by reason of physical
or mental infirmity, to discharge the functions of his office, a member
of the Cabinet elected by the Cabinet shall perform the functions of the
office of President until a person elected as President in accordance with
Article 34 assumes office.
(4) The Vice-President or,
the member of the Cabinet as the case may be, performing the functions
of the office of the President under clause (3) shall not dissolve the
National Assembly nor, except on the advice of the Cabinet, revoke any
appointment made by the President.
Article
39 [Discharge of Functions of President During Absence or Illness]
(1) Whenever the President
is absent from Zambia or considers it desirable so to do by reason of illness
or for any other cause, he may by direction in writing, authorize the Vice-President,
or where the Vice-President is absent from Zambia or incapable of discharging
the functions of the office of President, any other person, to discharge
such functions of the office of President as he may specify, and the Vice-President
or such other person may discharge those functions until his authority
is revoked by the President.
(2) If the President is
incapable by reason of physical or mental infirmity of discharging the
functions of his office and the infirmity is of such a nature that the
President is unable to authorize another person under this Article to perform
those functions --
(a) the Vice-President;
or
(b) during any period when
the Vice-President is absent from Zambia or is himself, by reason of physical
or mental infirmity, unable to perform the functions of his office, such
member of the Cabinet as the Cabinet shall elect;
shall perform the functions
of the office of President. Provided that any person performing the functions
of the office of President under this clause shall not dissolve the National
Assembly nor, except on the advice of the Cabinet, revoke any appointment
made by the President.
(3) Any person performing
the functions of the office of President by virtue of clause (2) shall
cease to perform those functions if he is notified by the President that
the President is about to resume those functions or if another person is
elected as, and assumes the office of, President.
(4) For the purpose of subclause
(2), a certificate of the Chief Justice that --
(a) the President is incapable
by reason of physical or mental infirmity of discharging the functions
of his office and that the infirmity is of such a nature that the President
is unable to authorize another person under this Article to perform those
functions; or
(b) the Vice-President is
by reason of physical or mental infirmity unable to discharge the functions
of his office:
shall be conclusive and
shall not be questioned in any court: Provided that any such certificate
as is referred to in paragraph (a) shall cease to have effect if the President
notifies any person under clause (3) that he is about to resume the functions
of the office of the President or if another person is elected as, and
assumes the office of, President.
Article
40 [Oath of President]
A person assuming the office
of President, shall before entering the office, take and subscribe such
oaths as may be prescribed by or under an Act of Parliament.
Article
41 [Returning Officer at Elections of President]
(1) The Chief Justice shall
be the returning officer for the purpose of elections to the office of
President.
(2) Any question which may
arise as to whether --
(a) any provisions of this
Constitution or any law relating to the election of a President has been
complied with; or
(b) any person has been
validly elected as President under Article 34; shall
be referred to and determined by the Supreme Court.
Article
42 [Salary and Allowances of President]
(1) The President shall
receive such salary and allowances as may be prescribed by an Act of Parliament;
and they shall be a charge on the general revenues of the Republic.
(2) The salary and allowances
of the President shall not be altered to his disadvantage during his term
of office.
(3) A person who has held
the office of President shall receive such pension and such gratuity as
may be prescribed by an Act of Parliament, and that pension and gratuity
shall be a charge on the general revenues of the Republic.
Article
43 [Protection of President in Respect of Legal Proceedings]
(1) No civil proceedings
shall be instituted or continued against the person holding the office
of President or performing the functions of that office in respect of which
relief is claimed against him in respect of anything done or omitted to
be done in his private capacity.
(2) No person holding the
office of President or performing the functions of that office shall be
charged with any criminal offence or be amenable to the criminal jurisdiction
of any court in respect of any act done or omitted to be done during his
tenure of that office or as the case may be, during his performance of
the functions of that office.
(3) No person who has held,but
no longer holds, the office of President shall be charged with a criminal
offence or be amenable to the criminal jurisdiction of any court in respect
of any act done or omitted to be done by him in his personal capacity while
he held office of President, unless the National Assembly has, by resolution,
determined that such proceedings would not be contrary to the interests
of the State.
(4) Where provision is made
by law limiting the time within which proceedings of any description may
be brought against any person, the term of any person in the office of
President shall not be taken into account in calculating any period of
time prescribed by that law which determines whether any such proceedings
as are mentioned in clause (1) and (3) may be brought against that person.
Article
44 [Functions of President]
(1) As the Head of the State,
the President shall perform with dignity and leadership all acts necessary
or expedient for, or reasonably incidental to, the discharge of the executive
functions of government, subject to the overriding terms of this Constitution
and the Laws of Zambia which he is constitutionally obliged to protect,
administer and execute.
(2) Without prejudice to
the generality of clause (1), the President may preside over meetings of
the Cabinet and shall have the power, subject to this Constitution, to
--
(a) dissolve the National
Assembly as provided in Article 88;
(b) accredit, receive and
recognize ambassadors, and to appoint ambassadors, plenipotentiaries, diplomatic
representatives and consuls;
(c) pardon or reprieve offenders,
either unconditionally or subject to such conditions as he may consider
fit;
(d) negotiate and sign international
agreements and to delegate the power to do so;
(e) establish and dissolve
such Government Ministries and Departments subject to the approval of the
National Assembly;
(f) confer such honors as
he considers appropriate on citizens, residents and friends of Zambia in
consultation with interested and relevant persons and institutions; and
(g) appoint such persons
as are required by this Constitution or any other law to be appointed by
him.
(3) Subject to the provisions
of this Constitution dealing with assent to laws passed by Parliament and
the promulgation and publication of such laws in the Gazette, the President
shall have power to --
(a) sign and promulgate
any proclamation which by law he is entitled to proclaim as President;
and
(b) initiate, in so far
as he considers it necessary and expedient, laws for submission and consideration
by the National Assembly.
(4) When any appointment
to an office to be made by the President is expressed by any provision
of this Constitution to be subject to ratification by the National Assembly
--
(a) the National Assembly
shall not unreasonably refuse or delay such ratification but the question
whether the Assembly has so acted unreasonably shall not be enquired into
by any court;
(b) if such ratification
is refused the President may appoint another person to the office in question
and shall submit the appointment for ratification;
(c) if the National Assembly
refused to ratify the second appointment it shall be invited to ratify
an appointment for the third time but the third appointment shall take
effect irrespective of whether such ratification is refused, or is delayed
for a period of more than fourteen days.
(5) Subject to the other
provisions of this Constitution and any other law, any person appointed
by the President under this Constitution or that other law may be removed
by the President.
(6) In the exercise of any
functions conferred upon him under this Article, the President shall, unless
it is otherwise provided, act in his own deliberate judgment and shall
not be obliged to follow the advice tendered by any other person or authority.
(7) Nothing in this Article
shall prevent Parliament from conferring functions on persons or authorities
other than the President.
Article
45 [Vice-President]
(1) There shall be an office
of Vice-President of the Republic.
(2) The Vice-President shall
be appointed by the President from among the members of the National Assembly.
(3) Subject to the provisions
of this Constitution the Vice-President shall cease to hold office upon
the assumption by any person of the office of President.
(4) The Vice-President shall
perform such functions as shall be assigned to him by the President.
(5) The salary and allowances
of the Vice-President shall be such as may be prescribed by an Act of Parliament,
and shall be a charge on the general revenues of the Republic.
Article
46 [Ministers]
(1) There shall be such
Ministers as may be appointed by the President.
(2) Appointment to the office
of Minister shall be made from among the members of the National Assembly.
(3) A Minister shall be
responsible, under the directions of the President, for such business of
the Government including the administration of any Province, Ministry or
Department of Government as the President may assign to him.
(4) The salaries and allowances
of a Minister shall be such as may be prescribed by an Act of Parliament,
and shall be a charge on the general revenue of the Republic.
Article
47 [Deputy Ministers]
(1) The President may appoint
such Deputy Ministers as he may consider necessary to assist Ministers
in the performance of their functions and to exercise or perform on behalf
of Ministers such of the Minsters functions as the President may authorize
in that behalf.
(2) Appoint to the office
of Deputy Minister shall be made from among members of the National Assembly.
(3) The salaries and allowances
of Deputy Ministers shall be such as may be prescribed by an Act of Parliament,
and shall be a charge on the general revenues of the Republic.
Article
48 [Oath Vice-President, Minister and Deputy Minister]
A Vice-President, Minister
or Deputy Minister shall not enter upon the duties of his office unless
he has taken and subscribed the oath of allegiance and such oath for the
due execution of his office as may be prescribed by or under an Act of
Parliament.
Article
49 [Cabinet]
(1) There shall be a Cabinet
which shall consist of the President, the Vice-President and the Ministers,
other than Ministers responsible for the administration of Provinces.
(2) There shall preside
at meetings of the Cabinet --
(a) the President; and
(b) in the absence of the
President, the Vice-President.
(3) The Cabinet may act
notwithstanding any vacancy in its membership.
Article
50 [Functions of Cabinet]
The Cabinet shall formulate
the policy of the Government and shall be responsible for advising the
President with respect to the policy of the Government and with respect
to such other matters as may be referred to it by the President.
Article
51 [Accountability of Cabinet]
The Cabinet shall be accountable
collectively to the National Assembly.
Article
52 [Code of Conduct]
All ministers and Deputy
Ministers shall conduct themselves, during their tenure of office, in accordance
with a code of conduct promulgated by Parliament.
Article
53 [Secretary to Cabinet]
(1) There shall be a Secretary
to the Cabinet whose office shall be a public office and who shall, subject
to ratification by the National Assembly, be appointed by the President.
(2) The Secretary to the
Cabinet shall --
(a) be the Head of the Public
Service and shall be responsible to the President for securing the general
efficiency of the public service,
(b) have charge of the Cabinet
Office and be responsible in accordance with the instructions given to
him by the President, for arranging the business for, and keeping the minutes
of the Cabinet and for conveying decisions made in Cabinet to the appropriate
authorities;
(c) have such other functions
as may be prescribed by or under an Act of Parliament or as the President
may direct.
Article
54 [Attorney-General]
(1) There shall be an Attorney-General
of the Republic who shall, subject to ratification by the National Assembly,
be appointed by the President and shall be the principal legal adviser
to the Government.
(2) A person shall not be
qualified to be appointed to the office of Attorney-General unless he is
qualified for appointment as Judge of the High Court.
(3) The office of the Attorney-General
shall become vacant --
(a) if the holder of the
office is removed from office by the President;
(b) upon assumption by any
person of the office of President.
(4) In the exercise of the
power to give directions to the Director of Public Prosecutions conferred
by clause (6) of Article 56, the Attorney-General
shall not be subject to the direction or control of any other person or
authority.
Article
55 [Solicitor-General]
(1) There shall be a Solicitor-General
of the Republic whose office shall be a public office and who shall, subject,
to ratification by the National Assembly, be appointed by the President.
(2) A person shall not be
qualified to be appointed to the office of Solicitor-General unless he
is qualified for appointment as a Judge of the High Court.
(3) Any power or duty imposed
on the Attorney-General by this Constitution or any other written law may
be exercised or performed by the Solicitor General --
(a) whenever the Attorney-General
is unable to act owing to illness or absence; and
(b) in any case where the
Attorney-General has authorized the Solicitor-General to do so.
Article
56 [Director of Public Prosecutions]
(1) There shall be a Director
of Public Prosecutions and who shall, subject to ratification by the National
Assembly, be appointed by the President.
(2) The Director of Public
Prosecutions shall have power in any case which he considers it desirable
so to do --
(a) to institute and undertake
criminal proceedings against any person before any court, other than a
court martial, in respect of any offence alleged to have been committed
by that person;
(b) to take over and continue
any such criminal proceedings as have been instituted or undertaken by
any other person or authority; and
(c) to discontinue, at any
stage before judgement is delivered, any such criminal proceedings instituted
or undertaken by himself or any other person or authority.
(3) The powers of the Director
of Public Prosecutions under clause (2) may be exercised by him in person
or by such public officer or class of public officers as may be specified
by him, acting in accordance with his general or special instructions:
Provided that nothing in this clause shall preclude the representation
of the Director of Public Prosecutions before any court by a legal practitioner.
(4) The powers conferred
on the Director of Public Prosecutions by paragraphs (b) and (c) of clause
(2) shall be vested in him to the exclusion of any other person or authority:
Provided that where any other person or authority has instituted criminal
proceedings, nothing in this clause shall prevent the withdrawal of those
proceedings by or at the instance of that person or authority and with
the leave of the court.
(5) For the purposes of
this Article, any appeal from any judgement in any criminal proceedings
before any court, or any case stated or question of law reserved for the
purposes of any such proceedings, to any other court in Zambia shall be
deemed to be part of those proceedings: Provided that the power conferred
on the Director of Public Prosecutions by paragraph (c) of clause (2) shall
not be exercised in relation to any appeal by a person convicted in any
criminal proceedings or to any case stated or question of law reserved
at the instance of such person.
(6) In the exercise of the
powers conferred on him by this Article, the Director of Public Prosecutions
shall not be subject to the direction or control of any other person or
authority: Provided that where the exercises of any such power in any case
may, in the judgement of the Director, involves general considerations
of public policy, the Director shall bring the case to the notice of the
Attorney-General ad shall in the exercise of his powers in relation to
that case, act in accordance with any directions of the Attorney-General.
Article
57 [Discharge of Functions of Director of Public
Prosecutions During Illness,
etc.]
Whenever the Director of
Public Prosecutions is absent from Zambia or the President considers it
desirable so to do by reason of the illness of the Director of Public Prosecutions
or for any other cause, he may on the advice of the Judicial Service Commission
appoint any person to discharge the functions of the Director of Public
Prosecutions until such appointment is revoked.
Article
58 [Tenure of Office of Director of Public Prosecutions]
(1) Subject to the provisions
of this Article, a person holding the office of Director of Public Prosecutions
shall vacate his office when he attains the age of sixty years.
(2) A person holding the
office of Director of Public Prosecutions may be removed from office only
for inability to perform the functions of his office whether arising from
infirmity of body or mind or misbehavior and shall not be so removed except
in accordance with the provisions of this Article.
(3) If the President considers
that the question of removing a person holding the office of Director of
Public Prosecution from office ought to be investigated, then --
(a) he shall appoint a tribunal
which shall consist of a Chairman and not less than two other members,
who hold or have held high judicial office;
(b) the tribunal shall inquire
into the matter and report on the facts thereof to the President and advise
the President whether the person holding the office of Director of Public
Prosecutions ought to be removed from office under this Article for inability
as aforesaid or for misbehavior.
(4) Where a tribunal appointed
under clause (3) advises the President that a person holding the office
of Director of Public Prosecutions ought to be removed from office for
inability as aforesaid or for misbehavior, the President shall remove such
person from office.
(5) If the question of removing
a person holding the office of Director of Public Prosecutions from office
has been referred to a tribunal under this Article, the President may suspend
that person from performing the functions of his office, and any such suspension
may at any time be revoked by the President and shall in any case cease
to have effect if the tribunal advises the President that the person ought
not to be removed from office.
Article
59 [Prerogative of Mercy]
The President may --
(a) grant to any person
convicted of any offence a pardon, either free or subject to lawful conditions;
(b) grant to any person
a respite, either indefinite or for a specified period, of the execution
of any punishment imposed on that person for any offence;
(c) substitute a less severe
form of punishment for any punishment imposed on any person for any offence;
and
(d) remit the whole or part
of any punishment imposed on any person for any offence or any penalty
or forfeiture or confiscation otherwise due to the Government on account
of any offence.
Article
60 [Advisory Committee]
(1) There shall be an advisory
committee on the prerogative of mercy which shall consist of such persons
as may be appointed by the President.
(2) The President may appoint
different persons to the advisory committee for the purposes of advising
him in relation to persons convicted by courts-martial and for purposes
of advising him in relation to persons convicted by other courts.
(3) A member of the advisory
committee shall hold office at the pleasure of the President.
(4) Where any person has
been sentenced to death for any offence the President shall cause the question
of the exercise in relation to that person of the powers conferred by Article
59
to be considered at a meeting of the advisory committee.
(5) Subject to the provisions
of clause (4), the President may refer to the advisory committee any questions
as to the exercise of the powers conferred upon him by Article 59.
(6) The President, if present,
shall preside at any meeting of the advisory committee.
(7) The President may determine
the procedure of the advisory committee.
Article
61 [Offices for Republic]
(1) Subject to the other
provisions of this Constitution and any other law, the power to constitute
offices for the Republic and the power to abolish any such office shall
vest in the President.
(2) Subject to the other
provisions of this Constitution and any other law the power to appoint
persons to hold or act in offices constituted for the Republic, to confirm
appointments, to exercise disciplinary control over persons holding or
acting in such offices and to remove any such person from office shall
vest in the President.
Article
62 [Legislative Power and Membership of Parliament]
The legislative power of
the Republic of Zambia shall vest in Parliament
which shall consist of the President and the National Assembly.
Article
63 [Composition of, and Election to, National Assembly]
(1) The National Assembly
shall consist of --
(a) one hundred and fifty
elected members;
(b) not more than eight
nominated members; and
(c) the Speaker of the National
Assembly.
(2) Subject to the provisions
of this Constitution, the election of members of the National Assembly
shall be direct, by universal adult suffrage and by secret ballot and shall
be conducted in accordance with the provisions of this Constitution and
as may be prescribed by or under an Act of Parliament.
Article
64 [Qualification for Election to National Assembly]
Subject to Article 65,
a person shall be qualified to be elected as a member of the National Assembly
if, and shall not be qualified to be so elected unless --
(a) he is a citizen of Zambia;
(b) he has attained the
age of twenty-one years; and
(c) he is literate and conversant
with the official language of Zambia.
Article
65 [Disqualification for Election to National Assembly]
(1) No person shall be qualified
to be elected as a member of the National Assembly --
(a) who is under a declaration
of allegiance to some country other than Zambia;
(b) who is, under any law
in force in Zambia, adjudged or otherwise declared to be of unsound mind;
(c) who is under sentence
of death imposed on him by a court in Zambia or a sentence of imprisonment,
by whatever name called, imposed on him by such a court or substituted
by a competent authority for some other sentence imposed on him by such
court;
(d) who is an undischarged
bankrupt, having been adjudged or otherwise declared bankrupt under any
law in force in Zambia;
(e) whose freedom of movement
is restricted, or who is detained, under the authority of law; or
(f) who, within a period
of five years before his nomination for election, has served a sentence
of imprisonment for a criminal offence.
(2) No person who holds,
or is a validly nominated candidate in an election for, the office of the
President shall be qualified for election as a member of the National Assembly.
(3) Parliament may provide
that a person who holds or is acting in any office that is specified by
Parliament and the functions of which involve responsibility for, or in
connection with, the conduct of any election to the National Assembly or
the compilation of any register of voters for the purposes of such an election
shall not be qualified to be elected as a member of the Assembly.
(4) Parliament may provide
that a person who is convicted by any court of any offence that is prescribed
by Parliament and that is connected with election of the members of the
National Assembly or who is reported guilty of such offence by the court
trying an election petition shall not be qualified to be elected as a member
of the Assembly for such period, not exceeding five years following his
conviction or the report of the court, as the case may be, as may be so
prescribed.
(5) No person holding or
acting in any post, office or appointment --
(a) in the Defence Force
as defined in the Defence Act, the Combined Cadet Force, the Zambian National
Service, or any other force or service established for the preservation
of security in Zambia;
(b) in the Zambia Police
Force, the Zambia Police Reserve, the Zambia Security Intelligence Service,
the Anti-Corruption Commission, the Zambia Prison Service or in any other
force or service established for the preservation of security in Zambia;
(c) in the Public Service
including an office to which Article 61 applies;
(d) in the Teaching Service;
or
(e) prescribed in that behalf
or under an Act of Parliament;
shall be qualified for election
as a member of the National Assembly.
(6) In this Article the
reference to a sentence of imprisonment shall be construed as not including
a sentence of imprisonment the execution of which is suspended or a sentence
of imprisonment in default of payment of a fine.
Article
66 [Nomination for Election to National Assembly]
(1) Nominations for election
to the National Assembly shall be delivered to the returning officer appointed
by the Electoral Commission on such day and at such time and at such place
as may be prescribed by the Electoral Commission.
(2) Any nomination for election
to the National Assembly shall not be valid unless --
(a) the candidate has paid
the election fee prescribed by or under an Act of Parliament; and
(b) the nomination is supported
by not less than nine persons registered in the constituency in which the
candidate is standing as voters for the purpose of elections to the National
Assembly.
Article
67 [By-Elections for the National Assembly]
(1) When a vacancy occurs
in the seat of a member of the National Assembly as a result of the death
or resignation of the member or by virtue of Article 71
a by-election shall be held within ninety days after the occurrence of
the vacancy.
(2) Parliament may by an
Act of Parliament prescribe the manner in which a by-election shall be
held.
Article
68 [Nominated Members]
(1) The President may, at
any time after a general election to the National Assembly and before the
National Assembly is next dissolved, appoint such number of persons as
he thinks fit to be nominated members of the National Assembly, so, however,
that there are not more than eight such members as any one time.
(2) Subject to the provisions
of this Article, a person may be appointed as a nominated member if he
is qualified under Article 64 and is not disqualified
under Article 65 for election as an elected member.
(3) A person may not be
appointed as a nominated member if he was a candidate for election in the
last preceding general election or in any subsequent by-election.
Article
69 [Speaker]
(1) There shall be a Speaker
of the National Assembly who shall be elected by the members of the Assembly
from among persons who are qualified to be elected as members of the Assembly
but are not members of the Assembly.
(2) The Speaker shall vacate
his office --
(a) if any circumstances
arise that, if he were not Speaker, would disqualify him for election as
such;
(b) when the National Assembly
first sits after any dissolution of the National Assembly; or
(c) if the National Assembly
resolves, upon a motion supported by the votes of not less than two-thirds
of all the members thereof, that he shall be removed from office.
(3) No business shall be
transacted in the National Assembly, other than an election to the office
of Speaker, at any time when the office of Speaker is vacant.
Article
70 [Deputy Speaker]
(1) There shall be a Deputy
Speaker of the National Assembly who shall be elected by the members of
the Assembly from among members of the Assembly.
(2) The members of the National
Assembly shall elect a person to the office of Deputy Speaker when the
Assembly first sits after any dissolution of the National Assembly and,
if the office becomes vacant otherwise than by reason of the dissolution
of the National Assembly, at the first sitting of the Assembly after the
office becomes vacant.
(3) The Deputy Speaker shall
vacate his office --
(a) if he ceases to be a
member of the National Assembly;
(b) if he assumes the office
of President or becomes the Vice-President, a Minister, a Deputy Minister
or holds or acts in any office prescribed in that behalf by or under an
Act of Parliament; or
(c) if the National Assembly
resolves that he should be removed from office.
Article
71 [Tenure of Office of Members of National Assembly]
(1) Every member of the
National Assembly, with the exception of the Speaker, shall vacate his
seat in the Assembly upon the dissolution of the National Assembly.
(2) A member of the National
Assembly shall vacate his seat in the Assembly --
(a) if he ceases to be a
citizen of Zambia;
(b) if he acts contrary
to the code of conduct prescribed by an Act of Parliament;
(c) in the case of an elected
member, if he becomes a member of a political party other than the party,
of which he was an authorized candidate when he was elected to the National
Assembly or, if having been an independent candidate, he joins a political
party;
(d) if he assumes the office
of President;
(e) if he is sentenced by
a court in Zambia to death or to imprisonment, by whatever name called,
for a term exceeding six months;
(f) if any circumstances
arise that, if he were not a member of the Assembly, would cause him to
be disqualified for election as such under Article 65;
(g) if, under the authority
of any such law as is referred to in Article 22 or
25 --
(i) his freedom of movement
has been restricted or he has been detained for a continuous period exceeding
six months;
(ii) his freedom of movement
has been restricted and he has immediately thereafter been detained and
the total period of restriction and detention together exceeds six months;
or
(iii) he has been detained
and immediately thereafter his freedom of movement has been restricted
and the total period of detention and restriction together exceeds six
months.
(3) Notwithstanding anything
contained in clause (2), where any member of the National Assembly who
has been sentenced to death or imprisonment, adjudged or declared to be
of unsound mind, adjudged or declared bankrupt or convicted or reported
guilty of any offence prescribed under clause (4) of Article 65
appeals against the decision or applies for a free pardon in accordance
with any law the decision shall not have effect for the purpose of this
Article until the final determination of such appeal or application: Provided
that --
(i) such member shall not,
pending such final determination, exercise his functions or receive any
remuneration as a member of the National Assembly; and
(ii) if, on the final determination
of the member's appeal or application, his conviction is set aside, or
he is granted a free pardon, or he is declared not to be of unsound mind
or bankrupt or guilty of an offence prescribed under clause (4) of Article
65, he shall be entitled to resume his functions as
a member of the National Assembly unless he has previously resigned, and
to receive remuneration as such a member for the period during which he
did not exercise his functions by reason of the provisions of paragraph
(i) of this provision.
Article
72 [Determination of Questions as to Membership of National Assembly]
(1) The High Court shall
have power to hear and determine any question whether --
(a) any person has been
validly elected or nominated as a member of the National Assembly or the
seat of any member has become vacant;
(b) any person has been
validly elected as Speaker or Deputy Speaker of the Assembly, or having
been so elected, has vacated the office of Speaker or Deputy Speaker.
(2) The determination by
the High Court on any question under this Article shall not be subject
to appeal: Provided that an appeal shall lie to the Supreme Court from
any determination of the High Court on any question of law including the
interpretation of this Constitution.
Article
73 [Clerk and Staff of National Assembly]
There shall be a Clerk of
the National Assembly and such other offices in the department of the Clerk
of the Assembly as may be prescribed by an Act of Parliament.
Article
74 [House of Representatives]
The National Assembly may
by a resolution passed by two-thirds majority of its members establish
a House of Representatives to perform such functions as may be prescribed
by the Constitution.
Article
75 [The Franchise]
(1) Every citizen of Zambia
who has attained the age of eighteen years shall, unless he is disqualified
by Parliament from registration as a voter for the purposes of elections
to the National Assembly, be entitled to be registered as such a voter
under a law in that behalf, and no other person may be so registered.
(2) Every person who is
registered in any constituency as a voter for the purpose of elections
to the National Assembly shall, unless he is disqualified by Parliament
from voting in such elections on grounds of his having been convicted of
an offence in connection with elections or on the grounds of his having
been reported guilty of such an offence by the court trying an election
petition or on the grounds of his being in lawful custody at the date of
the election, be entitled so to vote in that constituency in accordance
with the provisions made by or under an Act of Parliament, and no other
person may so vote.
Article
76 [Electoral Commission]
(1) The President shall,
in accordance with the provisions of this Article, establish an Electoral
Commission to supervise the registration of voters and the conduct of the
Presidential and Parliamentary elections and to review the boundaries of
the constituencies into which Zambia is divided for the purposes of elections
to the National Assembly.
(2) The President shall
establish an Electoral Commission --
(a) whenever Parliament
is dissolved he otherwise considers it necessary;
(b) at such times, being
not less than eight or more than ten years since the boundaries of the
constituencies were last reviewed as he may from time to time appoint;
(c) whenever the number
of seats in the National Assembly have been altered;
(d) whenever a census of
the population has been held in pursuance of any law.
(3) An Act of Parliament
shall provide for the composition and operations of an Electoral Commission
appointed by the President under this Article.
Article
77 [Constituencies and Elections]
(1) Zambia shall be divided
into constituencies, for purposes of elections to the National Assembly
so that the number of such constituencies, the boundaries of which shall
be such as an Electoral Commission prescribes, shall be equal to the number
of seats of elected members in the Assembly.
(2) In delimiting the constituencies,
the Commission shall have regard to the availability of means of communication
and the geographical features of the area to be divided into constituencies:
Provided that the constituencies shall be so delimited that there shall
be at least ten constituencies in each administrative Province.
(3) Each constituency shall
return one member only to the National Assembly.
(4) The boundaries of each
constituency shall be such that the number of inhabitants thereof is as
nearly equal to the population quota as is reasonably practicable: Provided
that the number of inhabitants of a constituency may be greater or less
than the population quota in order to take account of means of communication,
geographical features and the difference between urban and rural areas
in respect of density of population and to take account of the provision
to clause (2).
(5) An Electoral Commission
established for purposes of reviewing the boundaries of the constituencies
shall review the boundaries and may, in accordance with the provision of
this Article, alter the constituencies to such extent as it considers desirable:
Provided that a Commission established by reason of the holding of a census
of the population may, if the Commission considers that the changes in
the distribution of population reported in the census do not justify an
alteration in the boundaries, so report to the President without entering
upon a review of the boundaries of the constituencies.
(6) Any alteration of the
constituencies shall come into effect upon the next dissolution of Parliament.
(7) In this Article "the
population quota" means the number obtained by dividing the number of inhabitants
of Zambia by the number of constituencies into which Zambia is to be divided
under this Article.
(8) For the purposes of
this Article the number of inhabitants of Zambia shall be ascertained by
reference to the latest census of the population held in pursuance of any
law.
(9) During any period when
an Electoral Commission is established for purposes of Presidential and
Parliamentary elections, the registration of voters and the conduct of
elections in every constituency shall be subject to the direction and supervision
of the Commission.
Article
78 [Exercise of Legislative Power of Parliament]
(1) Subject to the provisions
of this Constitution, the legislative power
of Parliament shall be exercised by bills passed by the National Assembly
and assented to by the President.
(2) No bill (other than
such a bill as is mentioned in Article 27 (8)) shall
be presented to the President until after the expiration of three days
from the third reading of the bill by the National Assembly, and where
a bill is referred to a tribunal in accordance with Article 27
that bill shall not be presented to the President for assent until the
tribunal has reported on the bill or the time for making a report has expired,
whichever is the earlier.
(3) Where a bill is presented
to the President for assent he shall either assent or withhold his assent.
(4) Where the President
withholds his assent to a bill, the bill shall be returned to the National
Assembly: Provided that if the President withholds his assent to a bill
in respect of which a tribunal has reported under Article 27
that it would, if enacted, be inconsistent with Part III,
the bill shall be returned to the Assembly only if the President so directs.
(6) Where a bill is again
presented to the President for assent in accordance with the provisions
of clause (5) the President shall assent to the bill within twenty-one
days of its presentation, unless he sooner dissolves Parliament.
(7) Where a bill that has
been duly passed is assented to in accordance with the provisions of this
Constitution it shall become law and the President shall thereupon cause
it to be published in the Gazette as a law.
(8) No law made by Parliament
shall come into operation until it has been published in the Gazette, but
Parliament may postpone the coming into operation of any such law and may
make laws with retrospective effect.
(9) All laws made by Parliament
shall be styled "Acts" and the words of enactment shall be "Enacted by
the Parliament of Zambia".
Article
79 [Alteration of Constitution]
(1) Subject to the provisions
of this Article, Parliament may alter this Constitution or the Constitution
of Zambia Act, 1991.
(2) Subject to cause (3)
a bill for the alteration of this Constitution or the Constitution of Zambia
Act, 1991 shall not be passed unless --
(a) not less than thirty
days before the first reading of the bill in the National Assembly the
text of the bill is published in the Gazette; and
(b) the bill is supported
on second and third readings by the votes of not less than two thirds of
all the members of the Assembly.
(3) A bill for the alteration
of Part III of this Constitution or of this Article shall not be passed
unless before the first reading of the bill in the National Assembly it
has been put to a National referendum with or without amendment by not
less than fifty per cent of persons entitled to be registered as voters
for the purposes of Presidential and parliamentary elections.
(4) Any referendum conducted
for the purposes of clause (3) shall be so conducted and supervised in
such manner as may be prescribed by or under an Act of Parliament.
(5) In this Article --
(a) references to this Constitution
or the Constitution of Zambia Act, 1991 include reference to any law that
amends or replaces any of the provisions of this Constitution or that Act;
and
(b) references to the alteration
of this Constitution or the Constitution of Zambia Act, 1991 or of any
Part of Article include references to the amendment, modification or re-enactment
with or without amendment or modification, of any provision for the time
being contained in this Constitution, that Act, Part or Article, the suspension
or repeal or any such provision and the making of different provision in
lieu of such provision, and the addition of new provisions, to this Constitution,
that Act, Part or Article.
(6) Nothing in this Article
shall be so construed as to require the publication of any amendment to
any such bill as is referred to in clause (2) proposed to be moved in the
National Assembly.
Article
80 [Statutory Instruments]
(1) Nothing in Article 62
shall prevent Parliament from conferring on any person or authority power
to make statutory instruments.
(2) Every statutory instrument
shall be published in the Gazette not later than twenty-eight days after
it is made or, in the case of a statutory instrument which will not have
the force of law unless it is approved by some person or authority other
than the person or authority by which it was made, not later than twenty-eight
days after it is so approved, and if it is not so published it shall be
void from the date on which it was made.
(3) Where a tribunal appointed
under Article 27 reports to the President that any
provision of a statutory instrument is inconsistent with any provision
of this Constitution, the President may, by order annul that statutory
instrument and it shall thereupon be void from the date on which it was
made.
Article
81 [Restrictions with Regard to Certain Financial Measures]
Except upon the recommendation
of the President signified by the Vice President or a Minister, the National
Assembly shall not --
(a) proceed upon any bill
(including any amendment to a bill) that, in the opinion of the person
presiding, makes provision for any of the following purposes:
(i) for the imposition of
taxation
or the alteration of taxation otherwise than by reduction;
(ii) for the imposition
of any charge upon the general revenues of the Republic or the alteration
of any such charge otherwise than by reduction;
(iii) for the payment, issue
or withdrawal from the general revenues of the Republic of any moneys not
charged thereon or any increase in the amount of such payment, issue or
withdrawal; or
(iv) for the composition
or remission of any debt due to the Government; or
(b) proceed upon any motion
(including any amendment to a motion) the effect of which, in the opinion
of the person presiding, would be to make provision for any of those purposes.
Article
82 [President may Address National Assembly]
(1) The President may, at
any time, attend and address the National Assembly.
(2) The President may send
messages to the National Assembly and any such message shall be read, at
the first convenient sitting of the Assembly after it is received, by the
Vice-President or by a Minister designated by the President.
Article
83 [Presiding in National Assembly]
There shall preside at any
sitting of the National Assembly --
(a) the Speaker of the Assembly;
(b) in the absence of the
Speaker, the Deputy Speaker; or
(c) in the absence of the
Speaker and of the Deputy Speaker, such member of the Assembly as the Assembly
may elect for that purpose.
Article
84 [Voting and Quorum]
(1) Except as otherwise
provided in this Constitution all questions at any sitting of the National
Assembly shall be determined by a majority of votes of the members present
and voting other than the Speaker or the person acting as Speaker as the
case may be.
(2) The Speaker or person
acting as such shall not vote in the first instance, but shall have and
exercise a casting vote if there is an equality of votes.
(3) The National Assembly
shall have power to act notwithstanding any vacancy in the membership thereof,
and any proceedings in the National Assembly shall be valid notwithstanding
that it is discovered subsequently that some person who was not entitled
to do so, voted or otherwise took part in the proceedings.
(4) The quorum for a meeting
of the National Assembly shall be one third of the total number of members
of the Assembly and if at any time during a meeting of the Assembly objection
is taken by any member present that there is no quorum, it shall be the
duty of the Speaker or person acting as such, either to adjourn the Assembly
or, as he may think fit, to suspend the meeting until there is a quorum.
Article
85 [Unqualified Persons Sitting or Voting]
Any person who sits or votes
in the National Assembly knowing or having reasonable grounds for knowing
that he is not entitled to do so shall be liable to a penalty not exceeding
one thousand kwacha or such other sum as may be prescribed by Parliament
for each day on which he so sits or votes, which penalty shall be recoverable
by action in the High Court at the suit of the Attorney-General.
Article
86 [Procedure in National Assembly]
(1) Subject to the provisions
of this Constitution, the National Assembly may determine its own procedure.
(2) The National Assembly
may act notwithstanding any vacancy in its membership (including any vacancy
not filled when the Assembly first meets after any dissolution of Parliament)
and the presence or participation of any person not entitled to be present
or to participate in the proceedings of the Assembly shall not invalidate
those proceedings.
(3) In the selection of
members of committees, the National Assembly shall seek to ensure that
equitable representation of the political parties or groups that are represented
in the Assembly as well as of the members not belonging to any such parties
or groups.
Article
87 [Privileges and Immunities of National Assembly]
The National Assembly and
its members shall have such privileges and immunities as may be prescribed
by an Act of Parliament.
Article
88 [Meeting, Duration and Dissolution of Parliament and Related Matters]
(1) Subject to the provisions
of clauses (2) and (8), each session of Parliament shall be held at such
place within Zambia and shall commence at such time as the President may
appoint.
(2) There shall be a session
of Parliament at least once every year so that a period of twelve months
shall not intervene between the last sitting of the National Assembly in
one session and the commencement of the next session.
(3) The President may at
any time summon a meeting of the National Assembly.
(4) Subject to the provisions
of clause (1) of Article 37, the sittings of the National
Assembly in any session of Parliament after the commencement of that session
shall be held at such times and on such days as the Assembly shall appoint.
(5) The President may at
any time prorogue Parliament.
(6) Subject to clause (9)
the National Assembly --
(a) shall unless sooner
dissolved, continue for five years from the date of its first sitting after
the commencement of this Constitution or after any dissolution and shall
then stand dissolved;
(b) may, by a two-thirds
majority of the members thereof dissolve itself; or
(c) may be dissolved by
the President at any time.
(7) Whenever the National
Assembly is dissolved under this Article there shall be Presidential elections
and elections to the National Assembly and the first session of the new
Parliament shall commence within three months from the date of the dissolution.
(8) At any time when the
Republic is at war, Parliament may from time to time extend the period
of five years specified in clause (6) for not more than twelve months at
a time: Provided that the life of the National Assembly shall not be extended
under this clause for more than five years.
(9) If, after a dissolution
of Parliament and before the holding of the general elections, the President
considers that owing to the existence of a state of war or of a state of
emergency in Zambia or any part thereof, it is necessary to recall Parliament,
the President may summon the Parliament that has been dissolved to meet
and that Parliament shall be deemed to be the Parliament for the time being,
but the general election of members of the National Assembly shall proceed
and the Parliament that has been recalled shall, if not sooner dissolved
again stand dissolved on the day appointed for the nomination of candidates
in that general election.
Article
89 [Oaths to be Taken by Speaker and Members]
The Speaker of the National
Assembly, before assuming the duties of his office, and every member of
the Assembly before taking his seat therein, shall take and subscribe before
the Assembly the oath of allegiance.
Article
90 [Investigator-General]
(1) There shall be an Investigator-General
of the Republic who shall be appointed by the President in consultation
with the Judicial Service Commission and shall be the Chairman of the Commission
for Investigations.
(2) A person shall not be
qualified for appointment as Investigator-General --
(a) unless he is qualified
to be appointed a judge of the High Court; or
(b) if he holds the Office
of President, Vice-President, Minister or Deputy Minister, is a member
of the National Assembly or is a public officer.
(2) Subject to the provisions
of this section, a person appointed Investigator-General shall vacate his
office on attaining the age of sixty-five years: Provided that the President
may permit a person who has attained that age to continue in office for
such period as may be necessary to complete and submit any report on, or
do any other thing in relation to, any investigation that was commenced
by him before the attained age.
(3) A person appointed as
Investigator-General shall forthwith vacate any office prescribed by an
Act of Parliament.
(4) A person appointed as
Investigator-General may be removed from office for inability to perform
the functions of his office (whether arising from infirmity of body or
mind or from any other cause) or from misbehavior, but shall not be so
removed except in accordance with the provisions of this Article.
(5) If the National Assembly
by resolution supported by the votes of not less than two-thirds of all
the members of that House, resolves that the question of removing the Investigator-General
ought to be investigated, the Speaker of the National Assembly shall send
a copy to the Chief Justice who shall appoint a tribunal consisting of
a Chairman and two other persons to inquire into the matter.
(6) The Chairman and one
other member of the tribunal shall be persons who hold or have held high
judicial office.
(7) The tribunal shall inquire
into the matter and report thereon to the President.
(8) Where such a tribunal
advises the President that the Investigator-General ought to be removed
from office for inability as aforesaid or for misbehavior, the President
shall remove the Investigator-General from office.
(9) If the question of removing
the Investigator-General from office has been referred to a tribunal under
this Article, the President may suspend him from performing any functions
of his office, and any such suspension may at any time be revoked by the
President and shall in any case cease to have effect if the tribunal shall
advise the President that the Investigator-General ought not to be removed.
(10) If there is a vacancy
in the office of the Investigator-General, or if the Investigator-General
is temporarily absent from Zambia or otherwise unable to exercise the functions
of his office, the President may appoint a person qualified to be a Judge
of the High Court to exercise the functions of the office of the Investigator-General
under this Article.
Article
91 [Courts]
(1) The Judicature
of the Republic shall consist of:
(a) the Supreme Court of
Zambia;
(b) the High Court of Zambia;
and
(c) such other courts as
may be prescribed by an Act of Parliament.
(2) The judges of the courts
mentioned in clause (1) shall be independent,
impartial and subject only to this Constitution and the law.
(3) The Judicature shall
be autonomous and shall be administered in accordance with the provisions
of an Act of Parliament.
Article
92 [Supreme Court]
(1) There shall be a Supreme
Court
of Zambia which shall be the final court of appeal for the Republic and
shall have such jurisdiction and powers as may be conferred on it by this
Constitution or any other law.
(2) The judges of the Supreme
Court shall be --
(a) the Chief Justice;
(b) the Deputy Chief Justice;
(c) three Supreme Court
judges or such greater number as may be prescribed by an Act of Parliament.
(3) The office of the Chief
Justice, Deputy Chief Justice or of a Supreme Court judge shall not be
abolished while there is a substantive holder thereof.
(4) The Supreme Court shall
be a superior court of record, and, except as otherwise provided by Parliament,
shall have all the powers of such a court.
(5) When the Supreme Court
is determining any matter, other than an interlocutory matter, it shall
be composed of an uneven number of judges not being less than three.
(6) The Chief Justice may
make rules with respect to the practice and procedure of the Supreme Court
in relation to the jurisdiction and powers of the Supreme Court.
Article
93 [Appointment of Judges of Supreme Court]
(1) The Chief Justice shall
be appointed by the President subject to ratification by the National Assembly.
(2) The judges of the Supreme
Court shall, subject to ratification by the National Assembly, be appointed
by the President.
(3) If the office of Chief
Justice is vacant or if the Chief Justice is on leave or is for any reason
unable to perform the functions of his office, then, until a person has
been appointed to, and has assumed the functions of, that office or until
the person holding that office has resumed those functions, as the case
may be, the President may appoint the Deputy Chief Justice or a Supreme
Court judge to perform such functions.
(4) Without prejudice to
the generality of clause (5), if the office of Deputy Chief Justice is
vacant or if the Deputy Chief Justice is appointed to act as Chief Justice
or is on leave or is for any other reason unable to perform the functions
of his office, the President may appoint another judge of the Supreme Court
to act as Deputy Chief Justice.
(5) If the office of the
Deputy Chief Justice or of a Supreme Court judge is vacant, or if the Deputy
Chief Justice is appointed to act as Chief Justice, or if any Supreme Court
judge is appointed to act as Chief Justice or Deputy Chief Justice, or
if the Deputy Chief Justice or any Supreme Court judge is on leave or is
for any reason unable to perform the functions of his office, the President
may appoint a person qualified for appointment as a judge of the Supreme
Court to act as the Deputy Chief Justice or a Supreme Court judge as the
case may be: Provided that a person may act as the Deputy Chief Justice
or a Supreme Court judge notwithstanding that he has attained the age prescribed
by Article 98.
(6) A puisne judge appointed
to act as the Deputy Chief Justice or a Supreme Court judge, as the case
may be, pursuant to clause (4) or (5), shall continue to be a judge of
the High Court and may continue to perform the functions of the office
of puisne judge.
Article
94 [High Court]
(1) There shall be a High
Court for the Republic which shall have, except as to the proceedings in
which the Industrial Relations Court has exclusive jurisdiction under the
Industrial Relations Act unlimited or original jurisdiction to hear and
determine any civil or criminal proceedings under any law and such jurisdiction
and powers as may be conferred on it by this Constitution or any other
law.
(2)(a) The Chief Justice
shall be ex-officio a judge of the High Court.
(b) The other judges of
the High Court shall be such number of puisne judges as may be prescribed
by Parliament.
(3) The office of a puisne
judge shall not be abolished while there is a substantive holder.
(4) The High Court shall
be a superior court of record and, except as otherwise provided by Parliament,
shall have the powers of such a court.
(5) The High Court shall
have jurisdiction to supervise any civil or criminal proceedings before
any subordinate court or any court-martial and may make such orders, issue
such writs and give such directions as it may consider appropriate for
the purpose of ensuring that justice is duly administered by any such court.
(6) The Chief Justice may
make rules with respect to the practice and procedure of the High Court
in relation to the jurisdiction and powers conferred on it by clause (5).
Article
95 [Appointment of Judges and Commissioners of High Court]
(1) The puisne judges shall,
subject to ratification by the National Assembly, be appointed by the President
on the advice of the Judicial Service Commission.
(2) The President, acting
on the advice of the Judicial Service Commission, may, if he considers
that the interests of the administration of justice so require, appoint
a person to be a Commissioner of the High Court for such period as the
President may determine.
(3) A person shall not be
qualified for appointment as a Commissioner of the High Court unless he
is qualified for appointment as a puisne judge: Provided that a person
may be appointed as Commissioner of the High Court notwithstanding that
he has attained the age prescribed by Article 98.
(4) Subject to the terms
of his appointment, a Commissioner of the High Court shall have all the
jurisdiction, powers, and privileges and duties of a puisne judge, and
any reference in any law to a puisne judge shall be construed accordingly.
Article
96 [Continuing Offices]
(1) Any person appointed
under Article 93 to act as a judge of the Supreme
Court shall continue to act for the period of his appointment or, if no
such period is specified, until his appointment is revoked by the President:
Provided that the President may permit a person whose appointment to act
as a judge of the Supreme Court has expired or been revoked to continue
to act for such period as may be necessary to enable that person to deliver
judgement or to do any other thing in relation to proceedings that were
commenced before him previously.
(2) Any person appointed
under Article 95 to hold office as a Commissioner
of the High Court shall continue to hold office for the period of his appointment
or until his appointment is revoked by the President, acting on the advise
of the Judicial Service Commission: Provided that the President, acting
on the advice of the Judicial Service Commission, may permit a person whose
appointment to hold office as a Commissioner of the High Court has expired
or been revoked to continue to hold office for such period as may be necessary
to enable that person to deliver judgement or to do any other thing in
relation to proceedings that were commenced before him previously.
Article
97 [Qualifications for Appointment as Supreme Court and Puisne Judges]
(1) Subject to clause (2),
a person shall not be qualified for appointment as a judge of the Supreme
Court or a puisne judge unless --
(a) he holds or has held
high judicial office; or
(b) he holds one of the
specified qualifications and has held one or other of those qualifications
for a total period of not less than seven years.
(2) Where the President
or the Judicial Service Commission, as the case may be, is satisfied that,
by reason of special circumstances, a person who holds one of the specified
qualifications is worthy, capable and suitable to be appointed as a judge
of the Supreme Court or a puisne judge, notwithstanding that he has not
held one or other of those qualifications for a total period of not less
than seven years, the President acting in the case of a puisne judge in
accordance with the advice of the Judicial Service Commission, may dispense
with the requirement that such person shall have held one or other of the
specified qualifications for a total period of not less than seven years.
(3) In this Article "the
specified qualifications" means the professional qualifications specified
in the Legal Practitioners Act, one of which must be held by any person
before he may apply under that Act to be admitted as a practitioner in
the Republic.
(4) For the purposes of
this Article and of Articles 93 and 94
"a person qualified for appointment" as a judge of the Supreme Court or
a puisne judge includes a person in respect of whom the President, or as
the case may be the Judicial Service Commission is satisfied as provided
for in clause (2).
Article
98 [Tenure of Office of Judges of Supreme and High Court]
(1) Subject to the provisions
of this Article, a person holding the office of a judge of the Supreme
Court or the office of a judge of the High Court shall vacate that office
on attaining the age of sixty five year: Provided that the President --
(a) may permit a judge of
the High Court in accordance with the advice of the Judicial Service Commission,
or a judge of the Supreme Court, who has attained that age to continue
in office for such period as may be necessary to enable him to deliver
judgement or to do any other thing in relation to proceedings that were
commenced before him before he attained that age:
(b) may appoint a judge
of the High Court in accordance with the advice of the Judicial Service
Commission or a judge of the Supreme Court, who has attained the age of
sixty-five years for such further period, not exceeding seven years, as
the President may determine.
(2) A judge of the Supreme
Court or of the High Court may be removed from office only for inability
to perform the functions of his office, whether or arising from infirmity
of body or mind or for misbehavior, and shall not be so removed except
in accordance with the provisions of this Article.
(3) If the President considers
that the question of removing a judge of the Supreme Court or of the High
Court under this Article ought to be investigated, then --
(a) he shall appoint a tribunal
which shall consist of a Chairman and not less than two other members,
who hold or have held high judicial office;
(b) the tribunal shall inquire
into the matter and report on the facts thereof to the President and advise
the President whether the judge ought to be removed from office under this
Article for inability as aforesaid or for misbehavior.
(4) Where a tribunal appointed
under clause (3) advises the President that a judge of the Supreme Court
or of the High Court ought to be removed from office for inability as aforesaid
or for misbehavior, the President shall remove such judge from office.
(5) If the question of removing
a judge of the Supreme Court or of the High Court from office has been
referred to a tribunal under clause (3), the President may suspend the
judge from performing the functions of his office, and any such suspension
may at any time be revoked by the President and shall in any case cease
to have effect if the tribunal advises the President that the judge ought
not to be removed from office.
(6) The provisions of this
Article shall be without prejudice to the provisions of Article 96.
Article
99 [Oaths to be Taken by Judge]
A judge of the Supreme Court
or of the High Court shall not enter upon the duties of his office unless
he has taken and subscribed the oath of allegiance and such oath for the
due execution of his office as may be prescribed by or under an Act of
Parliament: Provided that a person who has once taken and subscribed the
said oaths may enter upon the duties of any such office without again taking
and subscribing such oaths.
Article
100 [Imposition of taxation]
(1) Subject to the provisions
of this Article, no taxation shall be imposed or altered except by or under
an Act of Parliament.
(2) Except as provided by
clauses (3) and (4), Parliament shall not confer upon any other person
or authority power to impose or to alter, otherwise than by reduction,
any taxation.
(3) Parliament may make
provision under which the President or the Vice-President or a Minister
may by order provide that, on or after the publication of a bill being
a bill approved by the President that it is proposed to introduce into
the National Assembly and providing for the imposition or alteration of
taxation, such provisions of the bill as may be specified in the order
shall, have the force of law for such and subject to such conditions as
may be prescribed by Parliament: Provided that any such order shall, unless
sooner revoked, case to have effect --
(i) if the bill to which
it relates is not passed within such period from the date of its first
reading in the National Assembly as may be prescribed by Parliament;
(ii) if, after the introduction
of the bill to which it relates, Parliament is prorogued or the National
Assembly is dissolved;
(iii) if, after the passage
of the bill to which it relates the President refuses his assent thereto;
or
(iv) at the expiration of
a period of four months from the date on which it came into operation or
such longer period from the date as may be specified in any resolution
passed by the National Assembly after the bill to which it relates has
been introduced.
(4) Parliament may confer
upon any authority established by law for the purposes of local government
power to impose taxation within the area for which that authority is established
and to alter taxation so imposed.
(5) Where the Appropriation
Act in respect of a financial year has not come into force at the expiration
of six months from the commencement of that financial year, the operation
of any law relating to the collection or recovery of any tax upon any income
or profits or any duty or customs or excise shall be suspended until that
Act comes into force: Provided that --
(i) in any financial year
in which the National Assembly stands dissolved at the commencement of
that year the period of six months shall begin from the day upon which
the National Assembly first sits following that dissolution instead of
from the commencement of the financial year;
(ii) the provisions of this
clause shall not apply in any financial year in which the National Assembly
is dissolved after the laying of estimates in accordance with Article 103
and before the Appropriation bill relating to those estimates is passed
by Parliament.
Article
101 [Withdrawal of Moneys from General Revenues]
(1) No moneys shall be expended
from the general revenues of the Republic unless --
(a) the expenditure is authorized
by a warrant under the hand of the President;
(b) the expenditure is charged
by this Constitution or any other law on the general revenues of the Republic;
or
(c) the expenditure is of
moneys received by a department of government and is made under the provisions
of any law which authorizes that department to retain and expend those
moneys for defraying the expenses of the department.
(2) No warrant shall be
issued by the President authorizing expenditure from the general revenues
of the Republic unless --
(a) the expenditure is authorized
by an Appropriation Act;
(b) the expenditure is necessary
to carry on the services of the Government in respect of any period, not
exceeding four months, beginning at the commencement of a financial year
during which the Appropriation Act for that financial year is not in force;
(c) the expenditure has
been proposed in a supplementary estimate approved by the National Assembly;
(d) no provision exists
for the expenditure and the President considers that there is such an urgent
need to incur the expenditure that it would not be in the public interest
to delay the authorization of the expenditure until such time as a supplementary
estimate can be laid before and approved by the National Assembly; or
(e) the expenditure is incurred
on capital projects continuing from the previous financial year and is
so incurred before commencement of the Appropriation Act for the current
financial year.
(3) the President shall,
immediately after he signs any warrant authorizing expenditure from the
general revenues of the Republic, cause a copy of the warrant to be transmitted
to the Auditor-General.
(4) The issue of warrants
under paragraph (d) of clause (2) the investment of moneys forming part
of the general revenues of the Republic and the making of advances from
such revenues shall be subject to such limitations and conditions as Parliament
may from time to time prescribe.
(5) For the purposes of
this Article the investment of moneys forming part of the general revenues
of the Republic or the making of recoverable advances therefrom shall not
be regarded as expenditure, and the expression "investment of moneys" means
investment in readily marketable securities and deposits with a financial
institution approved by the Minister responsible for finance.
Article
102 [Supplementary Estimates in Respect of Expenditure Authorized by Warrant]
Where in any financial year
any expenditure has been authorized by a warrant issued by the President
under paragraph (d) of clause (2) Article 101, the
Minister responsible for finance shall cause a supplementary estimate relating
to that expenditure to be laid before the National Assembly for its approval
before the expiration of a period of four months from the issue of the
warrant or, if the National Assembly is not sitting at the expiration of
that period, at the first sitting of the National Assembly thereafter.
Article
103 [Appropriation Acts and Supplementary Appropriation Acts]
(1) The minister responsible
for finance shall cause to be prepared and shall lay before the National
Assembly within three months after the commencement of each financial year
estimates of the revenues and expenditure of the Republic for that financial
year.
(2) When the estimates of
expenditures have been approved by the National Assembly, the heads of
the estimates together with the amount approved in respect of each shall
be included in a bill to be known as an appropriation bill which shall
be introduced in the Assembly to provide for the payment of those amounts
for the purposes specified out of the general revenues of the Republic.
(3) Nothing in this Article
shall be construed as requiring the approval of the National Assembly for
that part of any estimates which relate to, or as requiring the inclusion
in an Appropriation Bill of provisions authorizing the expenditure of,
sums which are charged on the general revenues of the Republic by this
Constitution or any other by law.
(4) Where any supplementary
expenditure has been authorized in respect of any financial year for any
purpose and --
(a) no amount has been appropriated
for that purpose under any head of expenditure by the Appropriation Act
for that financial year; or
(b) the amount of the supplementary
expenditure is such that the total amount expended for the purposes of
the head of expenditure in which expenditure for that purpose was included
is in excess of the amount so appropriated under that head; the Minister
responsible for finance shall introduce in the National Assembly not later
than fifteen months after the end of that financial year or, if the National
Assembly is not sitting at the expiration of that period, within one month
of the first sitting of the National Assembly thereafter, a bill, to be
known as a Supplementary Appropriation bill, confirming the approval of
Parliament of such expenditure, or excess of expenditure, as the case may
be.
(5) Where in any financial
year, expenditure has been incurred without the authorization of Parliament,
the Minister responsible for finance shall, on approval of such expenditure
by the appropriate committee of the National Assembly, introduce in the
National Assembly, not later than thirty months after the end of that financial
year or, if the National Assembly is not sitting at the expiration of that
period, within one month of the first sitting of the National Assembly
thereafter, a bill to be known as the Excess Expenditure Appropriation
bill, for the approval by Parliament of such expenditure.
Article
104 [Financial Report]
(1) The Minister responsible
for finance shall cause to be prepared and shall lay before the National
Assembly not later than nine months after the end of each financial year
a financial report in respect of that year.
(2) A financial report in
respect of the financial year shall include accounts showing the revenue
and other moneys received by the Government in that financial year, the
expenditure of the Government in that financial year other than expenditure
charged by this Constitution or any other law on the general revenues of
the Republic, the payments made in the financial year otherwise than for
the purposes of expenditure, a statement of the financial position of the
Republic at the end of the financial year and such other information as
Parliament may prescribe.
Article
105 [Remuneration of Certain Officers]
(1) There shall be paid
to the holders of the offices to which this Article applies such salary
and such allowances as may be prescribed by or under an Act of Parliament.
(2) The salaries and any
allowances payable to the holders of the offices to which this Article
applies shall be a charge on the general revenues of the Republic.
(3) The salary payable to
the holder of any office to which this Article applies and his terms of
office, other than allowances, shall not be altered to his disadvantage
after his appointment.
(4) Where a person's salary
or terms of office depend upon his option, the salary or terms for which
he opts shall, for the purposes of clause (3), be deemed to be more advantageous
to him than any others for which he might have opted.
(5) This Article applies
to the offices of judge of the Supreme Court, Attorney-General, judge of
the High Court, Investigator-General, Solicitor-General, Director of Public
Prosecutions and Auditor-General and to such other offices as may be prescribed
by an Act of Parliament.
Article
106 [Public Debt]
(1) There shall be charged
on the general revenues of the Republic all debt charges for which the
Government is liable.
(2) For the purposes of
the Article, debt charges include interest, sinking fund charges, the repayment
or amortisation of debt, and all expenditure in connection with the raising
of loans on the security of the revenues of the former Protectorate of
Northern Rhodesia or the Republic and on the service and redemption of
debt thereby created.
Article
107 [Auditor-General]
(1) There shall be an Auditor-General
for the Republic whose office shall be a public office and who shall, subject
to ratification by the National Assembly, be appointed by the President.
(2) It shall be the duty
of the Auditor General --
(a) to satisfy himself that
the provisions of this Part are being complied with;
(b) to satisfy himself that
the moneys expended have been applied to the purposes for which they were
appropriated by the Appropriation Act or in accordance with the approved
supplementary estimates, or in accordance with the Excess Expenditure Appropriation
Act, as the case may be, and that the expenditure conforms to the authority
that governs it;
(c) to audit the accounts
relating to the general revenues of the Republic and the expenditure of
moneys appropriated by Parliament, the National Assembly, the accounts
relating to the stocks and stores of the Government and the accounts of
such other bodies as may be prescribed by or under any law;
(d) to audit the accounts
relating to any expenditure charged by this Constitution or any other law
on the general revenues of the Republic and to submit a report thereon
to the President not later than twelve months after the end of each financial
year.
(3) The Auditor-General
and any officer authorized by him shall have access to all books, records,
reports and other documents relating to any of the accounts referred to
in clause (2).
(4) The Auditor-General
shall, not later, than twelve months after the end of each financial year,
submit a report on the accounts referred to in paragraph (c) of clause
(2) in respect of that financial year to the President who shall, not later
than seven days after the first sitting of the National Assembly next after
the receipt of such report, cause it to be laid before the Assembly; and
if the President makes default in laying the report before the Assembly,
the Auditor-General shall submit the report to the Speaker of the Assembly,
or if the office of Speaker is vacant or if the Speaker is for any reason
unable to perform the functions of his office, to the Deputy Speaker, who
shall cause it to be laid before the Assembly.
(5) The Auditor-General
shall perform such other duties and exercise such other powers in relation
to all accounts of the Government or the accounts of other public authorities
or other bodies as may be prescribed by or under any law.
(6) In the exercise of his
functions under clauses(2), (3) and (4), the Auditor-General shall not
be subjected to the direction or control of any person or authority.
Article
108 [Tenure of Office of Auditor General]
(1) Subject to the provisions
of this Article, a person holding the office of Auditor-General shall vacate
his office when he attains the age of sixty years.
(2) A person holding the
office of Auditor-General may be removed from office only for inability
to perform the functions of his office, whether arising from infirmity
of body or mind, or for misbehavior and shall not be so removed except
in accordance with the provisions of this Article.
(3) If the National Assembly
resolves that the question of removing a person holding the office of Auditor-General
from office under this Article ought to be investigated then
(a) the Assembly shall,
by resolution, appoint a tribunal which shall consist of a Chairman and
not less than two other members, who hold or have held high judicial office;
(b) the tribunal shall inquire
into the matter and report on the facts thereof to the Assembly;
(c) the Assembly shall consider
the report of the tribunal at the first convenient sitting of the Assembly
after it is received and may, upon such consideration, by resolution, remove
the Auditor-General from office.
(4) If the question of removing
a person holding the office of Auditor-General from office has been referred
to a tribunal under this Article, the National Assembly may, by resolution,
suspend that person from performing the functions of his office, and any
such suspension may at any time be revoked by the Assembly by resolution
and shall in any case cease to have effect if, upon consideration of the
report of the tribunal in accordance with the provisions of this Article,
the Assembly does not remove the Auditor-General from office.
(5) A person who holds or
has held the office of Auditor-General shall not be appointed to hold or
to act in any other Public Office.
Article
109 [Commissions]
(1) There shall be established
for the Republic a Judicial Service Commission which shall have the functions
conferred on it by this Constitution and such other functions and powers
relating to the public service, or to judicial or legal service, other
than in the public service, as may be prescribed by or under an Act of
Parliament.
(2) Parliament may establish
for the Republic other Commissions which, together with the Judicial Service
Commission, are hereafter collectively referred to as Service Commissions
which shall have such functions and powers in relation to the public service,
or in relation to persons in public employment other than public officers,
as may be prescribed by or under an Act of Parliament.
(3) Commissions other than
Service Commissions may be established for the Republic by or under an
Act of Parliament and shall have such functions and powers as may be prescribed
by or under such an Act.
(4) Nothing in the foregoing
precludes provision being made by or under an Act of Parliament to confer
on a Service Commission functions and powers in relation to matters other
than public employment.
Article
110 [Pension Laws and Protection]
(1) The law to be applied
with respect to any pension benefits that were granted to any person before
the commencement of this Constitution shall be the law that was in force
at the date on which those benefits were granted or any law in force at
a later date that is not less favorable to that person.
(2) The law to be applied
with respect to any pensions benefits not being benefits to which clause
(1) applies, shall --
(a) in so far as those benefits
are wholly in respect of a period of service as a public officer, as any
officer in the department of the Clerk of the National Assembly, or as
a member of the armed forces, that commenced before the commencement of
this Constitution, be the law that was in force immediately before that
date; and
(b) in so far as those benefits
are wholly or partly in respect of a period of service as a public officer,
as any officer in the department of the Clerk of the National Assembly,
or as a member of the armed forces, that commenced after the commencement
of this Constitution, be the law in force on the date on which that period
of service commenced; or any law in force at a later date that is not less
favorable to that person.
(3) Where a person is entitled
to exercise an option as to which of two or more laws shall apply in his
case, the law for which he opts shall, for the purposes of this Article,
be deemed to be more favorable to him than the other law or laws.
(4) All pensions benefits
shall, except to the extent to which they are a charge on a fund established
by or under any law and have been duly paid out of that fund to the person
or authority to whom payment is due, be a charge on the general revenues
of the Republic.
(5) In this Article "pension
benefits" means any pensions, compensation, gratuities or other like allowances
for persons in respect of their service as public officers, as officers
in the department of the Clerk of the National Assembly or as members of
the armed forces or for the widows, children, dependents or personal representatives
of such persons in respect of such service.
(6) Reference in this Article
to the law with respect to pension benefits include, without prejudice
to their generality, references in the law regulating the circumstances
in which such benefits may be granted or in which the grant of such benefits
may be refused, the law regulating the circumstances in which any such
benefits that have been granted may be withheld, reduced in amount or suspended,
and the law regulating the amount of any such benefits: Provided that,
notwithstanding anything to the contrary contained in this Constitution
or any other written law, such references shall not be so construed as
to include the law regulating the law of compulsory retirement.
(7) In this Article --
(a) references to service
as a public officer includes references to service as a public officer
under the Government of the territories which on the 24 Oct 1964, became
the sovereign Republic of Zambia and references to service as a member
of the teaching service of the said Government,
(b) references to service
as an officer in the department of the Clerk of the National Assembly includes
references to service as an officer in the department of the Clerk of the
Legislative Assembly of the said territories; and
(c) references to service
as a member of the armed forces include references to service as a member
of the armed forces of the said territories.
Article
111 [Resignations]
(1) Any person who is appointed
or elected to any office established by this Constitution may resign from
that office by writing under his hand addressed to the persons or authority
by whom he was appointed or elected: Provided that in the case of a person
who holds office as Speaker or Deputy Speaker of the National Assembly
his resignation from that office shall be addressed to the Assembly, and
in the case of an elected or nominated member of the Assembly his resignation
shall be addressed to the Speaker.
(2) The resignation of any
person from any office established by this Constitution shall take effect
when the writing signifying the resignation is received by the person or
authority to whom it is addressed or by any person authorized by that person
or authority to receive it.
Article
112 [Reappointment and Concurrent Appointments]
(1) Where any person has
vacated any office established by this Constitution he may, if qualified,
again be appointed or elected to hold that office in accordance with the
provisions of this Constitution.
(2) Where a power is conferred
by this Constitution upon any person to make any appointment to any office,
a person may be appointed to that office notwithstanding that some other
person may be holding that office, when that other person is on leave of
absence pending the relinquishment of the office; and where two or more
persons are holding the same office by reason of an appointment made in
pursuance of this clause, then for the purposes of any function conferred
upon the holder of that office, the person last appointed shall deemed
to be the sole holder of the office.
Article
113 [Interpretation]
(1) In this Constitution,
unless the context otherwise requires --
"Act of Parliament" means
a law enacted by Parliament;
"Article" means an Article
of this Constitution;
"Chief" means a person who
is recognized by the President under the provisions of the Chiefs Act or
any law amending or replacing that Act as the Litunga or Western Province,
a Paramount Chief, Senior Chief, Chief or Sub-Chief or a person who is
appointed as Deputy Chief;
"Clause" means a clause
of the Article in which the word occurs;
"financial year" means the
period of twelve months ending on the 31 Dec in any year or on such other
day as may be prescribed by or under an Act of Parliament: Provided that
by or under an Act of Parliament prescribing a day other than the 31 Dec
as the terminal day of the financial year the said period of twelve months
may be extended or reduced for any one financial year for the purpose of
effecting such prescribed change;
"the Gazette" means the
official Gazette of the Government of Zambia;
"High Court" means the High
Court established by this Constitution;
"high judicial office" means
the office of a judge of a court of unlimited jurisdiction in civil and
criminal matters in some part of the Commonwealth or in the Republic or
Ireland or the office of a judge of a court having jurisdiction in appeals
from such a court;
"House" means the National
Assembly;
"meeting" means all sittings
of the National Assembly held during a period beginning when the Assembly
first sits after being summoned at any time and terminating when the Assembly
is adjourned sine die or at the conclusion of a session;
"oath" includes affirmation;
"the oath of allegiance"
means such oath of allegiance as may be prescribed by law;
"paragraph" means a paragraph
of the clause in which the word occurs;
"person" includes any company
or association or body of persons, corporate or unincorporated;
"public office" means an
office of emolument in the public service;
"public officer" means a
person holding or acting in any public office;
"the public service" subject
to clauses (2) and (3) shall have the meaning assigned to it by an Act
of Parliament;
"session" means the sittings
of the National Assembly beginning when it first sits after the coming
into operation of this Constitution or after Parliament is prorogued or
dissolved at any time and ending when Parliament is prorogued or is dissolved
without having been prorogued;
"sitting" means a period
during which the National Assembly is sitting without adjournment and includes
any period during which it is in committee;
"statutory instrument" means
any Proclamation, regulation, order, rule, notice or other instrument,
(not being an Act of Parliament) of a legislative as distinct from an executive,
character;
"Supreme Court" means the
Supreme Court of Zambia established by this Constitution.
(2) In this Constitution
references to offices in the public service shall be construed as including
references to the offices of judges of the Supreme Court and of the High
Court, and to the offices of Chairman, Deputy Chairman, and members of
the Industrial Relations Court.
(3) In this Constitution
references to an office in the public service shall not be construed as
including references to the offices of the Attorney-General, or a member
of any Commission established by this Constitution or by an Act of Parliament
or to the office of the Clerk of the National Assembly or any office in
the department of the Clerk of the National Assembly.
(4) For the purposes of
this Constitution, a person shall not be considered as holding a public
office by reason only of the fact he is in receipt of a pension or other
like allowance in respect of service under the Government of Zambia or
of its predecessor Government.
(5) A person shall not be
regarded as disqualified for appointment to any office to which a public
officer is not qualified to be appointed by reason only that he holds a
public office if he is on leave of absence pending relinquishment of that
office.
(6) In this Constitution,
unless the context otherwise requires, a reference to the holder of an
office by the term designating his office shall be construed as including
a reference to any person for the time being lawfully acting in or performing
the functions of that office: Provided that nothing in this clause shall
apply to references to the President or Vice-President in Articles 36,
37, 39, and 45.
(7) References in this Constitution
to the power to remove a public officer from his office shall be construed
as including references to any power conferred by any law to require or
permit that officer to retire from the public service: Provided that nothing
in this clause shall be construed as conferring on any person or authority
power to require a judge of the Supreme Court or of the High Court, the
Investigator-General, the Auditor-General or the Director of Public Prosecutions
to retire from the public service.
(8) Any provision in this
Constitution that vests in any person or authority power to remove any
public officer from his office shall be without prejudice to the power
of any person or authority to abolish any office or to any law providing
for the compulsory retirement of public officers generally or any class
of public officers on attaining an age specified therein.
(9) Where power is vested
by this Constitution in any person or authority to appoint any person to
act in or perform the functions of any office if the holder thereof is
himself unable to perform those functions, no such appointment shall be
called in question on the ground that the holder of the office was not
unable to perform those functions.
(10) No provision of this
Constitution that any person or authority in the exercise of any functions
under this Constitution shall be construed as precluding a court of law
from exercising jurisdiction in relation to any question whether that person
or authority has performed those functions in accordance with this Constitution
or any other law.
(11) When any power is conferred
by this Constitution to make any Proclamation, statutory instrument, order,
regulation or rule, or to issue any direction or certificate or confer
recognition, the power shall be construed as including the power, exercisable
in like manner, to amend or revoke any such Proclamation, statutory instrument,
order, regulation, rule, direction or certificate or to withdraw any such
recognition: Provided that nothing in this clause shall apply to the power
to issue a certificate conferred by clause (2) of Article 36.
(12)(a) Any reference in
this Constitution to a law that amends or replaces any other law shall
be construed as including a reference to a law that modifies, re-enacts
with or without amendment or modification, or makes different provision
in lieu of that other law.
(b) Where any Act passed
after the commencement of this Constitution repeals and re-enacts, with
or without modification, any provisions thereof, references in this Constitution
to the provisions so repealed shall, unless the contrary intention appears,
be construed as references to the provisions so re-enacted.
(c) Where any Act passed
after the commencement of this Constitution repeals any provision thereof
then, unless the contrary intention appears, the repeal shall not --
(i) revive anything not
in force or existing at the time at which the repeal takes effect; or
(ii) affect the previous
operation of any provision so repealed or anything duly done or suffered
under any provision so repealed; or
(iii) affect any right,
privilege, obligation or liability acquired, accrued or incurred under
any provision so repealed; or
(iv) affect any penalty,
forfeiture or confiscation or punishment incurred under any provision so
repealed; or
(v) affect any investigation,
legal proceeding or remedy in respect of any such right, privilege, obligation,
liability, penalty, forfeiture or confiscation or punishment as aforesaid,
and any such investigation, legal proceeding or remedy may be instituted,
continued or enforced, and any such penalty, forfeiture or confiscation
or punishment may be imposed, as if the repealing Act had not been passed.
(13) In this Constitution,
unless the context otherwise requires, words and expressions importing
the masculine gender include females.
(14) In this Constitution,
unless the context otherwise requires, words and expressions in the singular
include the plural and words and expressions in the plural include the
singular.
(15) Where this Constitution
confers any power or imposes any duty, the power may be exercised and the
duty shall be performed from time to time as occasion requires.
(16) Where by any Act which
repeals and re-enacts, with or without modification, any provision of this
Constitution, and which is not to come into force immediately on the publication
thereof, there is conferred --
(a) a power to make or a
power exercisable by making statutory instruments; or
(b) a power to make appointments;
or
(c) a power to do any other
thing for the purposes of the provision in question; that power may be
exercised at any time on or after the date of publication of the Act in
the Gazette: Provided that no instrument, appointment or thing made or
done under that power shall, unless it is necessary to bring the Act into
force, have any effect until the commencement of the Act.
(17) In computing time for
the purposes of any provision of this Constitution, unless a contrary intention
is expressed --
(a) a period of days from
the happening of an event or the doing of any act or thing shall be deemed
to be exclusive of the day on which the event happens or the act or thing
is done;
(b) if the last day of the
period is Sunday or a public holiday which days are in this clause referred
to as "excluded days" the period shall include the next following day,
not being an excluded day;
(c) where any act or proceeding
is directed or allowed to be done or taken on a certain day, then, if that
day happens to be 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 afterwards,
not being an excluded day;
(d) where an act or proceeding
is directed or allowed to be done or taken within any time not exceeding
six days, excluded days shall not be reckoned in the computation of the
time.
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